§ 5116. — Planning and training grants, monitoring, and review.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5116]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL
Sec. 5116. Planning and training grants, monitoring, and review
(a) Planning Grants.--(1) The Secretary of Transportation shall make
grants to States and Indian tribes--
(A) to develop, improve, and carry out emergency plans under the
Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11001 et seq.), including ascertaining flow patterns of
hazardous material on lands under the jurisdiction of a State or
Indian tribe, and between lands under the jurisdiction of a State or
Indian tribe and lands of another State or Indian tribe; and
(B) to decide on the need for a regional hazardous material
emergency response team.
(2) The Secretary of Transportation may make a grant to a State or
Indian tribe under paragraph (1) of this subsection in a fiscal year
only if--
(A) the State or Indian tribe certifies that the total amount
the State or Indian tribe expends (except amounts of the United
States Government) to develop, improve, and carry out emergency
plans under the Act will at least equal the average level of
expenditure for the last 2 fiscal years; and
(B) the State agrees to make available at least 75 percent of
the amount of the grant under paragraph (1) of this subsection in
the fiscal year to local emergency planning committees established
under section 301(c) of the Act (42 U.S.C. 11001(c)) to develop
emergency plans under the Act.
(3) A State or Indian tribe receiving a grant under this subsection
shall ensure that planning under the grant is coordinated with emergency
planning conducted by adjacent States and Indian tribes.
(b) Training Grants.--(1) The Secretary of Transportation shall make
grants to States and Indian tribes to train public sector employees to
respond to accidents and incidents involving hazardous material.
(2) The Secretary of Transportation may make a grant under paragraph
(1) of this subsection in a fiscal year--
(A) to a State or Indian tribe only if the State or tribe
certifies that the total amount the State or tribe expends (except
amounts of the Government) to train public sector employees to
respond to an accident or incident involving hazardous material will
at least equal the average level of expenditure for the last 2
fiscal years;
(B) to a State or Indian tribe only if the State or tribe makes
an agreement with the Secretary that the State or tribe will use in
that fiscal year, for training public sector employees to respond to
an accident or incident involving hazardous material--
(i) a course developed or identified under section 5115 of
this title; or
(ii) another course the Secretary decides is consistent with
the objectives of this section; and
(C) to a State only if the State agrees to make available at
least 75 percent of the amount of the grant under paragraph (1) of
this subsection in the fiscal year for training public sector
employees a political subdivision of the State employs or uses.
(3) A grant under this subsection may be used--
(A) to pay--
(i) the tuition costs of public sector employees being
trained;
(ii) travel expenses of those employees to and from the
training facility;
(iii) room and board of those employees when at the training
facility; and
(iv) travel expenses of individuals providing the training;
(B) by the State, political subdivision, or Indian tribe to
provide the training; and
(C) to make an agreement the Secretary of Transportation
approves authorizing a person (including an authority of a State or
political subdivision of a State or Indian tribe) to provide the
training--
(i) if the agreement allows the Secretary and the State or
tribe to conduct random examinations, inspections, and audits of
the training without prior notice; and
(ii) if the State or tribe conducts at least one on-site
observation of the training each year.
(4) The Secretary of Transportation shall allocate amounts made
available for grants under this subsection for a fiscal year among
eligible States and Indian tribes based on the needs of the States and
tribes for emergency response training. In making a decision about those
needs, the Secretary shall consider--
(A) the number of hazardous material facilities in the State or
on land under the jurisdiction of the tribe;
(B) the types and amounts of hazardous material transported in
the State or on that land;
(C) whether the State or tribe imposes and collects a fee on
transporting hazardous material;
(D) whether the fee is used only to carry out a purpose related
to transporting hazardous material; and
(E) other factors the Secretary decides are appropriate to carry
out this subsection.
(c) Compliance With Certain Law.--The Secretary of Transportation
may make a grant to a State under this section in a fiscal year only if
the State certifies that the State complies with sections 301 and 303 of
the Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11001, 11003).
(d) Applications.--A State or Indian tribe interested in receiving a
grant under this section shall submit an application to the Secretary of
Transportation. The application must be submitted at the time, and
contain information, the Secretary requires by regulation to carry out
the objectives of this section.
(e) Government's Share of Costs.--A grant under this section is for
80 percent of the cost the State or Indian tribe incurs in the fiscal
year to carry out the activity for which the grant is made. Amounts of
the State or tribe under subsections (a)(2)(A) and (b)(2)(A) of this
section are not part of the non-Government share under this subsection.
(f) Monitoring and Technical Assistance.--In coordination with the
Secretaries of Transportation and Energy, Administrator of the
Environmental Protection Agency, and Director of the National Institute
of Environmental Health Sciences, the Director of the Federal Emergency
Management Agency shall monitor public sector emergency response
planning and training for an accident or incident involving hazardous
material. Considering the results of the monitoring, the Secretaries,
Administrator, and Directors each shall provide technical assistance to
a State, political subdivision of a State, or Indian tribe for carrying
out emergency response training and planning for an accident or incident
involving hazardous material and shall coordinate the assistance using
the existing coordinating mechanisms of the national response team and,
for radioactive material, the Federal Radiological Preparedness
Coordinating Committee.
(g) Delegation of Authority.--To minimize administrative costs and
to coordinate Government grant programs for emergency response training
and planning, the Secretary of Transportation may delegate to the
Directors of the Federal Emergency Management Agency and National
Institute of Environmental Health Sciences, Chairman of the Nuclear
Regulatory Commission, Administrator of the Environmental Protection
Agency, and Secretaries of Labor and Energy any of the following:
(1) authority to receive applications for grants under this
section.
(2) authority to review applications for technical compliance
with this section.
(3) authority to review applications to recommend approval or
disapproval.
(4) any other ministerial duty associated with grants under this
section.
(h) Minimizing Duplication of Effort and Expenses.--The Secretaries
of Transportation, Labor, and Energy, Directors of the Federal Emergency
Management Agency and National Institute of Environmental Health
Sciences, Chairman of the Nuclear Regulatory Commission, and
Administrator of the Environmental Protection Agency shall review
periodically, with the head of each department, agency, or
instrumentality of the Government, all emergency response and
preparedness training programs of that department, agency, or
instrumentality to minimize duplication of effort and expense of the
department, agency, or instrumentality in carrying out the programs and
shall take necessary action to minimize duplication.
(i) Annual Registration Fee Account and Its Uses.--The Secretary of
the Treasury shall establish an account in the Treasury into which the
Secretary of the Treasury shall deposit amounts the Secretary of
Transportation collects under section 5108(g)(2)(A) of this title and
transfers to the Secretary of the Treasury under section 5108(g)(2)(C)
of this title. Without further appropriation, amounts in the account are
available--
(1) to make grants under this section;
(2) to monitor and provide technical assistance under subsection
(f) of this section; and
(3) to pay administrative costs of carrying out this section and
sections 5108(g)(2) and 5115 of this title, except that not more
than 10 percent of the amounts made available from the account in a
fiscal year may be used to pay those costs.
(j) Supplemental Training Grants.--
(1) In order to further the purposes of subsection (b), the
Secretary shall, subject to the availability of funds, make grants
to national nonprofit employee organizations engaged solely in
fighting fires for the purpose of training instructors to conduct
hazardous materials response training programs for individuals with
statutory responsibility to respond to hazardous materials accidents
and incidents.
(2) For the purposes of this subsection the Secretary, after
consultation with interested organizations, shall--
(A) identify regions or locations in which fire departments
or other organizations which provide emergency response to
hazardous materials transportation accidents and incidents are
in need of hazardous materials training; and
(B) prioritize such needs and develop a means for
identifying additional specific training needs.
(3) Funds granted to an organization under this subsection shall
only be used--
(A) to train instructors to conduct hazardous materials
response training programs;
(B) to purchase training equipment used exclusively to train
instructors to conduct such training programs; and
(C) to disseminate such information and materials as are
necessary for the conduct of such training programs.
(4) The Secretary may only make a grant to an organization under
this subsection in a fiscal year if the organization enters into an
agreement with the Secretary to train instructors to conduct
hazardous materials response training programs in such fiscal year
that will use--
(A) a course or courses developed or identified under
section 5115 of this title; or
(B) other courses which the Secretary determines are
consistent with the objectives of this subsection;
for training individuals with statutory responsibility to respond to
accidents and incidents involving hazardous materials. Such
agreement also shall provide that training courses shall be open to
all such individuals on a nondiscriminatory basis.
(5) The Secretary may impose such additional terms and
conditions on grants to be made under this subsection as the
Secretary determines are necessary to protect the interests of the
United States and to carry out the objectives of this subsection.
(k) Reports.--Not later than September 30, 1997, the Secretary shall
submit to Congress a report on the allocation and uses of training
grants authorized under subsection (b) for fiscal year 1993 through
fiscal year 1996 and grants authorized under subsection (j) and section
5107 for fiscal years 1995 and 1996. Such report shall identify the
ultimate recipients of training grants and include a detailed accounting
of all grant expenditures by grant recipients, the number of persons
trained under the grant programs, and an evaluation of the efficacy of
training programs carried out.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 773; Pub. L. 103-
311, title I, Secs. 105, 119(a), (d)(2), (3), Aug. 26, 1994, 108 Stat.
1673, 1679, 1680; Pub. L. 103-429, Sec. 7(c), Oct. 31, 1994, 108 Stat.
4389; Pub. L. 104-287, Secs. 5(8), 6(b), Oct. 11, 1996, 110 Stat. 3389,
3398.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5116(a)............................... 49 App.:1815(a). Jan. 3, 1975, Pub. L. 93-633, 88 Stat.
2156, Sec. 117A(a)-(f), (g)(7), (9),
(h)(6); added Nov. 16, 1990, Pub. L.
101-615, Sec. 17, 104 Stat. 3263,
3266, 3267, 3268.
5116(b)(1)............................ 49 App.:1815(b)(1).
5116(b)(2)............................ 49 App.:1815(b) (2)-(4).
5116(b)(3)............................ 49 App.:1815(b)(5), (6).
5116(b)(4)............................ 49 App.:1815(b)(7).
5116(c)............................... 49 App.:1815(c).
5116(d)............................... 49 App.:1815(e).
5116(e)............................... 49 App.:1815(d).
5116(f)............................... 49 App.:1815(g)(7).
5116(g)............................... 49 App.:1815(f).
5116(h)............................... 49 App.:1815(g)(9).
5116(i)............................... 49 App.:1815(h)(6).
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In subsections (a)(2)(A) and (b)(2)(A), the words ``at least equal''
are substituted for ``be maintained at a level which does not fall
below'' to eliminate unnecessary words.
In subsection (a)(2)(B), the words ``by the State emergency response
commission'' are omitted as surplus.
In subsection (b)(2)(B)(i), the words ``or courses'' are omitted
because of 1:1.
In subsection (c), the words ``including compliance with such
sections with respect to accidents and incidents involving the
transportation of hazardous materials'' are omitted as surplus.
In subsection (d), the word ``section'' is substituted for
``subsection'' for clarity because there are no objectives in the
subsection being restated.
In subsection (e), the words ``A grant under this section is for''
are substituted for ``By a grant under this section, the Secretary shall
reimburse any State or Indian tribe an amount not to exceed'' to
eliminate unnecessary words and for consistency in the revised title.
The words ``which are required to be expended under subsections (a)(2)
and (b)(2) of this section'' are omitted as surplus. The words ``under
this subsection'' are added for clarity.
In subsection (h), the words ``including coordination of training
programs'' are omitted as surplus.
Pub. L. 104-287, Sec. 5(8)
This amends 49:5116(j)(4)(A) to correct an erroneous cross-
reference.
References in Text
The Emergency Planning and Community Right-To-Know Act of 1986,
referred to in subsec. (a)(1)(A), (2), is title III of Pub. L. 99-499,
Oct. 17, 1986, 100 Stat. 1728, which is classified generally to chapter
116 (Sec. 11001 et seq.) of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see Short Title note
set out under section 11001 of Title 42 and Tables.
Amendments
1996--Subsec. (a)(2). Pub. L. 104-287, Sec. 6(b), made technical
correction to directory language of Pub. L. 103-311, Sec. 105(b)(2). See
1994 Amendment note below.
Subsec. (j)(4)(A). Pub. L. 104-287, Sec. 5(8), substituted ``section
5115 of this title'' for ``subsection (g)''.
1994--Subsec. (a)(1). Pub. L. 103-311, Sec. 105(a), in introductory
provisions inserted ``and Indian tribes'' after ``States'', and in
subpar. (A) substituted ``on lands under the jurisdiction of a State or
Indian tribe, and between lands under the jurisdiction of a State or
Indian tribe and lands of another State or Indian tribe'' for ``in a
State and between States''.
Subsec. (a)(2). Pub. L. 103-311, Sec. 105(b)(2), as amended by Pub.
L. 104-287, Sec. 6(b), struck out ``the State'' after ``only if'' in
introductory provisions.
Pub. L. 103-311, Sec. 105(b)(1), inserted ``or Indian tribe'' after
``grant to a State'' in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 103-311, Sec. 105(b)(1), (3), inserted
``the State or Indian tribe'' before ``certifies'' and ``or Indian
tribe'' before ``expends''.
Subsec. (a)(2)(B). Pub. L. 103-311, Sec. 105(b)(4), inserted ``the
State'' before ``agrees''.
Subsec. (a)(3). Pub. L. 103-311, Sec. 105(c), added par. (3).
Subsec. (i)(1). Pub. L. 103-311, Sec. 119(d)(2), as amended by Pub.
L. 103-429, struck out ``and section 5107(e) of this title'' after
``under this section''.
Subsec. (i)(3). Pub. L. 103-311, Sec. 119(d)(3), as amended by Pub.
L. 103-429, substituted ``5108(g)(2)'' for ``5107(e), 5108(g)(2),''.
Subsecs. (j), (k). Pub. L. 103-311, Sec. 119(a), added subsecs. (j)
and (k).
Effective Date of 1996 Amendment
Section 6(b) of Pub. L. 104-287 provided that the amendment made by
that section is effective Aug. 26, 1994.
Effective Date of 1994 Amendment
Section 7(c) of Pub. L. 103-429 provided that the amendment made by
that section is effective Aug. 26, 1994.
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, 5127 of this title.
