§ 5115. — Training curriculum for the public sector.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5115]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5115. Training curriculum for the public sector
(a) Development and Updating.--Not later than November 16, 1992, in
coordination with the Director of the Federal Emergency Management
Agency, Chairman of the Nuclear Regulatory Commission, Administrator of
the Environmental Protection Agency, Secretaries of Labor, Energy, and
Health and Human Services, and Director of the National Institute of
Environmental Health Sciences, and using the existing coordinating
mechanisms of the national response team and, for radioactive material,
the Federal Radiological Preparedness Coordinating Committee, the
Secretary of Transportation shall develop and update periodically a
curriculum consisting of a list of courses necessary to train public
sector emergency response and preparedness teams. Only in developing the
curriculum, the Secretary of Transportation shall consult with regional
response teams established under the national contingency plan
established under section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605),
representatives of commissions established under section 301 of the
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11001), persons (including governmental entities) that provide training
for responding to accidents and incidents involving the transportation
of hazardous material, and representatives of persons that respond to
those accidents and incidents.
(b) Requirements.--The curriculum developed under subsection (a) of
this section--
(1) shall include--
(A) a recommended course of study to train public sector
employees to respond to an accident or incident involving the
transportation of hazardous material and to plan for those
responses;
(B) recommended basic courses and minimum number of hours of
instruction necessary for public sector employees to be able to
respond safely and efficiently to an accident or incident
involving the transportation of hazardous material and to plan
those responses; and
(C) appropriate emergency response training and planning
programs for public sector employees developed under other
United States Government grant programs, including those
developed with grants made under section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986 (42 U.S.C. 9660a);
and
(2) may include recommendations on material appropriate for use
in a recommended basic course described in clause (1)(B) of this
subsection.
(c) Training on Complying With Legal Requirements.--A recommended
basic course described in subsection (b)(1)(B) of this section shall
provide the training necessary for public sector employees to comply
with--
(1) regulations related to hazardous waste operations and
emergency response contained in part 1910 of title 29, Code of
Federal Regulations, prescribed by the Secretary of Labor;
(2) regulations related to worker protection standards for
hazardous waste operations contained in part 311 of title 40, Code
of Federal Regulations, prescribed by the Administrator; and
(3) standards related to emergency response training prescribed
by the National Fire Protection Association.
(d) Distribution and Publication.--With the national response team--
(1) the Director of the Federal Emergency Management Agency
shall distribute the curriculum and any updates to the curriculum to
the regional response teams and all committees and commissions
established under section 301 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11001); and
(2) the Secretary of Transportation may publish a list of
programs that uses a course developed under this section for
training public sector employees to respond to an accident or
incident involving the transportation of hazardous material.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 772; Pub. L. 103-
429, Sec. 6(5), Oct. 31, 1994, 108 Stat. 4378.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5115(a)............................... 49 App.:1815(g)(1), (5). Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
2156, Sec. 117A (g)(1)-(6), (8);
added Nov. 16, 1990, Pub. L. 101-615,
Sec. 17, 104 Stat. 3265, 3267.
5115(b)............................... 49 App.:1815(g)(2), (3).
5115(c)............................... 49 App.:1815(g)(4).
5115(d)(1)............................ 49 App.:1815(g)(6).
5115(d)(2)............................ 49 App.:1815(g)(8).
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In subsection (c)(3), the words ``including standards 471 and 472''
are omitted as surplus.
In subsection (d)(1), the word ``updates'' is substituted for
``amendments'' for clarity.
Pub. L. 103-429
This amends 49:5115(b)(1)(C) to make a cross-reference more precise.
Amendments
1994--Subsec. (b)(1)(C). Pub. L. 103-429 substituted ``126(g)'' for
``126''.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9
of Pub. L. 103-429, set out as a note under section 321 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
Federal Emergency Management Agency, including the functions of the
Director of the Federal Emergency Management Agency relating thereto, to
the Secretary of Homeland Security, and for treatment of related
references, see sections 313(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Section Referred to in Other Sections
This section is referred to in sections 5108, 5116, 5127 of this
title.
