15 U.S.C. § 2209 — Master plans

Page 1793 TITLE 15—COMMERCE AND TRADE § 2209 the information in the system is available, and can be updated, through the Internet and in real time. (e) Medical privacy of firefighters The collection, storage, and transfer of any medical data collected under this section shall be conducted in accordance with— (1) the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note; Public Law 104–191); and (2) other applicable regulations, including parts 160, 162, and 164 of title 45, Code of Fed- eral Regulations (as in effect on March 12, 2019). (Pub. L. 93–498, § 9, Oct. 29, 1974, 88 Stat. 1541; Pub. L. 110–376, § 5, Oct. 8, 2008, 122 Stat. 4059; Pub. L. 112–239, div. A, title XVIII, § 1815, Jan. 2, 2013, 126 Stat. 2118; Pub. L. 116–9, title I, § 1114(g), Mar. 12, 2019, 133 Stat. 617.) Editorial Notes AMENDMENTS 2019—Subsec. (a)(2). Pub. L. 116–9, § 1114(g)(1)(A), in- serted ‘‘, categorized by the type of fire’’ after ‘‘such injuries and deaths’’. Subsec. (a)(3). Pub. L. 116–9, § 1114(g)(1)(B), substituted ‘‘activities, including—’’ for ‘‘activities;’’ and added subpars. (A) to (D). Subsec. (b)(3). Pub. L. 116–9, § 1114(g)(2), inserted ‘‘, including the Center for Firefighter Injury Research and Safety Trends’’ after ‘‘public and private’’. Subsec. (e). Pub. L. 116–9, § 1114(g)(3), added subsec. (e). 2013—Subsec. (d). Pub. L. 112–239 struck out par. (1) designation and heading and par. (2). Prior to amend- ment, text of par. (2) read as follows: ‘‘Of the amounts made available pursuant to subparagraphs (E), (F), and (G) of section 2216(g)(1) of this title, the Administrator shall use not more than an aggregate amount of $5,000,000 during the 3-year period consisting of fiscal years 2009, 2010, and 2011 to carry out the activities re- quired by paragraph (1).’’ 2008—Subsec. (b)(2). Pub. L. 110–376, § 5(b), substituted ‘‘assist Federal, State,’’ for ‘‘assist State,’’. Subsec. (d). Pub. L. 110–376, § 5(a), added subsec. (d). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS Functions of National Fire Prevention and Control Administration [now United States Fire Administra- tion] and National Academy for Fire Prevention and Control generally transferred to Federal Emergency Management Agency. For further details see Transfer of Functions note set out under section 2202 of this title. § 2209. Master plans (a) Encouragement by Administrator The establishment of master plans for fire pre- vention and control are the responsibility of the States and the political subdivisions thereof. The Administrator is authorized to encourage and assist such States and political subdivisions in such planning activities, consistent with his powers and duties under this chapter. (b) Mutual aid systems (1) In general The Administrator shall provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with na- tional emergencies that— (A) include threat assessment and equip- ment deployment strategies; (B) include means of collecting asset and resource information to provide accurate and timely data for regional deployment; and (C) are consistent with the Federal Re- sponse Plan. (2) Model mutual aid plans The Administrator shall develop and make available to State and local fire service offi- cials model mutual aid plans for both intra- state and interstate assistance. (c) ‘‘Master plan’’ defined For the purposes of this section, a ‘‘master plan’’ is one which will result in the planning and implementation in the area involved of a general program of action for fire prevention and control. Such master plan is reasonably ex- pected to include (1) a survey of the resources and personnel of existing fire services and an analysis of the effectiveness of the fire and building codes in such area; (2) an analysis of short and long term fire prevention and control needs in such area; (3) a plan to meet the fire prevention and control needs in such area; and (4) an estimate of cost and realistic plans for fi- nancing the implementation of the plan and op- eration on a continuing basis and a summary of problems that are anticipated in implementing such master plan. (Pub. L. 93–498, § 10, Oct. 29, 1974, 88 Stat. 1542; Pub. L. 106–503, title I, § 110(a)(1)(A), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 108–169, title II, § 203(a), Dec. 6, 2003, 117 Stat. 2038.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 93–498, Oct. 29, 1974, 88 Stat. 1535, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2201 of this title and Tables. AMENDMENTS 2003—Subsecs. (b), (c). Pub. L. 108–169 added subsec. (b) and redesignated former subsec. (b) as (c). Page 1794 TITLE 15—COMMERCE AND TRADE § 2210 2000—Subsecs. (b), (c). Pub. L. 106–503 redesignated subsec. (c) as (b) and struck out former subsec. (b) which required Secretary to submit to Congress a re- port on establishment and effectiveness of master plans four years after Oct. 29, 1974. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TRANSFER OF FUNCTIONS Functions of National Fire Prevention and Control Administration [now United States Fire Administra- tion] and National Academy for Fire Prevention and Control generally transferred to Federal Emergency Management Agency. For further details see Transfer of Functions note set out under section 2202 of this title. § 2210. Reimbursement for costs of firefighting on Federal property (a) Filing of claims Each fire service that engages in the fighting of a fire on property which is under the jurisdic- tion of the United States may file a claim with the Administrator for the amount of direct ex- penses and direct losses incurred by such fire service as a result of fighting such fire. The claim shall include such supporting information as the Administrator may prescribe. (b) Determination Upon receipt of a claim filed under subsection (a) of this section, the Administrator shall de- termine— (1) what payments, if any, to the fire service or its parent jurisdiction, including taxes or payments in lieu of taxes, the United States has made for the support of fire services on the property in question; (2) the extent to which the fire service in- curred additional firefighting costs, over and above its normal operating costs, in connec- tion with the fire which is the subject of the claim; and (3) the amount, if any, of the additional costs referred to in paragraph (2) of this sub- section which were not adequately covered by the payments referred to in paragraph (1) of this subsection. (c) Payment The Administrator of FEMA shall forward the claim and a copy of the Administrator’s deter- mination under subsection (b)(3) of this section to the Secretary of the Treasury. The Secretary of the Treasury shall, upon receipt of the claim and determination, pay such fire service or its parent jurisdiction, from any moneys in the Treasury not otherwise appropriated but subject to reimbursement (from any appropriations which may be available or which may be made available for the purpose) by the Federal depart- ment or agency under whose jurisdiction the fire occurred, a sum no greater than the amount de- termined with respect to the claim under sub- section (b)(3) of this section. (d) Adjudication In the case of a dispute arising in connection with a claim under this section, the United States Court of Federal Claims shall have juris- diction to adjudicate the claim and enter judg- ment accordingly. (Pub. L. 93–498, § 11, Oct. 29, 1974, 88 Stat. 1543; Pub. L. 97–164, title I, § 146, Apr. 2, 1982, 96 Stat. 45; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106–503, title I, § 110(a)(2)(B)(iii), Nov. 13, 2000, 114 Stat. 2302; Pub. L. 112–239, div. A, title XVIII, § 1802(b)(1), Jan. 2, 2013, 126 Stat. 2100.) Editorial Notes AMENDMENTS 2013—Subsec. (c). Pub. L. 112–239 substituted ‘‘Admin- istrator of FEMA’’ for ‘‘Director’’. 2000—Subsec. (c). Pub. L. 106–503 substituted ‘‘Direc- tor shall forward’’ for ‘‘Secretary shall forward’’. 1992—Subsec. (d). Pub. L. 102–572 substituted ‘‘United States Court of Federal Claims’’ for ‘‘United States Claims Court’’. 1982—Subsec. (d). Pub. L. 97–164 substituted ‘‘United States Claims Court’’ for ‘‘Court of Claims of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.