49 U.S.C. § 5116
(a) Planning and Training Grants.—
(1) The Secretary shall make grants to States and Indian tribes—
(3) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this subsection only if—
(B) any emergency response training provided under the grant shall consist of—
(5) A training grant under paragraph (1)(C) may be used—
(A) to pay—
(C) to make an agreement with a person (including an authority of a State, a political subdivision of a State or Indian tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training if—
(6) The Secretary shall allocate amounts made available for grants under this subsection among eligible States and Indian tribes based on the needs of the States and Indian tribes for emergency response planning and training. In making a decision about those needs, the Secretary shall consider—
(f) Delegation of Authority.— To minimize administrative costs and to coordinate Federal financial assistance for emergency response training and planning, the Secretary may delegate to the Administrator of the Federal Emergency Management Agency, Director of the 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:
(h) Annual Registration Fee Account and Its Uses.— The Secretary of the Treasury shall establish an account in the Treasury (to be known as the “Hazardous Materials Emergency Preparedness Fund”) into which the Secretary of the Treasury shall deposit amounts the Secretary of Transportation 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—
(i) Supplemental Training Grants.—
(2) For the purposes of this subsection the Secretary, after consultation with interested organizations, shall—
(3) Funds granted to an organization under this subsection shall only be used—
(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 provide training, including portable training, for instructors to conduct hazardous materials response training programs in such fiscal year that will use—
for training individuals with statutory responsibility to respond to accidents and incidents involving hazardous materials. Such agreement also shall provide that training courses shall comply with Federal regulations and national consensus standards for hazardous materials response and be open to all such individuals on a nondiscriminatory basis.
(j) Alert Grant Program.—
(1) Assistance for local emergency response training.— The Secretary shall establish a grant program to make grants to eligible entities described in paragraph (2)—
(2) Eligible entities.— An eligible entity referred to in paragraph (1) is a nonprofit organization that—
(3) Funding.—
(B) Other hazardous material training activities.— For each fiscal year, after providing grants under paragraph (1), if funds remain available, the Secretary may use the amounts described in subparagraph (A)—
(i) to make grants under—
(k) Reports.— The Secretary shall submit an annual report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and make available the report to the public. The report submitted under this subsection shall include information on the allocation and uses of the planning and training grants under subsection (a) and grants under subsections (i) and (j) of this section and under subsections (e) and (i) of section 5107. The report submitted under this subsection shall identify the ultimate recipients of such grants and include—
(Pub. L. 103–272, § 1(d), , 108 Stat. 773; Pub. L. 103–311, title I, §§ 105, 119(a), (d)(2), (3), , 108 Stat. 1673, 1679, 1680; Pub. L. 103–429, § 7(c), , 108 Stat. 4389; Pub. L. 104–287, §§ 5(8), 6(b), , 110 Stat. 3389, 3398; Pub. L. 109–59, title VII, §§ 7114(a)–(d)(2), (e), 7126, , 119 Stat. 1900, 1909; Pub. L. 109–295, title VI, § 612(c), , 120 Stat. 1410; Pub. L. 112–141, div. C, title III, § 33004(b), , 126 Stat. 832; Pub. L. 114–94, div. A, title VII, § 7203(a), (b)(2), , 129 Stat. 1589, 1591; Pub. L. 117–58, div. B, title VI, § 26002, , 135 Stat. 882.)
| Historical and Revision Notes | ||
|---|---|---|
| Pub. L. 103–272 | ||
| 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, § 117A(a)–(f), (g)(7), (9), (h)(6); added Nov. 16, 1990, Pub. L. 101–615, § 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). | |
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.
This amends 49:5116(j)(4)(A) to correct an erroneous cross-reference.
The Emergency Planning and Community Right-To-Know Act of 1986, referred to in subsec. (a)(1)(A), is title III of Pub. L. 99–499, , 100 Stat. 1728, which is classified generally to chapter 116 (§ 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.
2021—Subsec. (j). Pub. L. 117–58, § 26002(3), added subsec. (j). Former subsec. (j) redesignated (k).
Pub. L. 117–58, § 26002(1), substituted “subsections (i) and (j)” for “subsection (i)” in introductory provisions.
Subsec. (k). Pub. L. 117–58, § 26002(2), redesignated subsec. (j) as (k).
2015—Subsec. (a). Pub. L. 114–94, § 7203(a)(3), added subsec. (a) and struck out former subsec. (a) which related to planning grants.
Subsecs. (b), (c). Pub. L. 114–94, § 7203(a)(1), (2), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to training grants.
Subsec. (d). Pub. L. 114–94, § 7203(a)(1), (b)(2)(A), redesignated subsec. (e) as (d) and substituted “subsection (a)(3)(A)” for “subsections (a)(2)(A) and (b)(2)(A)”. Former subsec. (d) redesignated (c).
Subsecs. (e) to (g). Pub. L. 114–94, § 7203(a)(1), redesignated subsecs. (f) to (h) as (e) to (g), respectively. Former subsec. (e) redesignated (d).
Subsec. (h). Pub. L. 114–94, § 7203(a)(1), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (h)(1). Pub. L. 114–94, § 7203(b)(2)(B)(i), inserted “and section 5107(e)” after “section”.
Subsec. (h)(2). Pub. L. 114–94, § 7203(b)(2)(B)(ii), substituted “subsection (e)” for “subsection (f)”.
Subsec. (h)(4). Pub. L. 114–94, § 7203(b)(2)(B)(iii), substituted “5107(e) and 5108(g)(2)” for “5108(g)(2) and 5115”.
Subsec. (i). Pub. L. 114–94, § 7203(a)(1), (b)(2)(C), redesignated subsec. (j) as (i) and substituted “subsection (a)” for “subsection (b)” in par. (1). Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 114–94, § 7203(b)(2)(D), substituted, in introductory provisions, “planning and training grants under subsection (a) and grants under subsection (i) of this section and under subsections (e) and (i) of section 5107” for “planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107” and redesignated subpars. (A) to (D) as pars. (1) to (4), respectively.
Pub. L. 114–94, § 7203(a)(1), redesignated subsec. (k) as (j). Former subsec. (j) redesignated (i).
Subsec. (k). Pub. L. 114–94, § 7203(a)(1), redesignated subsec. (k) as (j).
2012—Subsec. (b)(1). Pub. L. 112–141, § 33004(b)(1), inserted at end “To the extent that a grant is used to train emergency responders, the State or Indian tribe shall provide written certification to the Secretary that the emergency responders who receive training under the grant will have the ability to protect nearby persons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in accordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and incidents involving hazardous materials.”
Subsec. (j)(1). Pub. L. 112–141, § 33004(b)(2)(A), substituted “funds and through a competitive process, make a grant or make grants to national nonprofit fire service organizations for” for “funds, make grants to national nonprofit employee organizations engaged solely in fighting fires for”.
Subsec. (j)(3)(A). Pub. L. 112–141, § 33004(b)(2)(B), substituted “provide training, including portable training, for” for “train”.
Subsec. (j)(4). Pub. L. 112–141, § 33004(b)(2)(C)(ii), which directed insertion of “comply with Federal regulations and national consensus standards for hazardous materials response and” after “training course shall”, was executed by making the insertion after “training courses shall” in concluding provisions, to reflect the probable intent of Congress.
Pub. L. 112–141, § 33004(b)(2)(C)(i), substituted “provide training, including portable training, for” for “train” in introductory provisions.
Subsec. (j)(5) to (8). Pub. L. 112–141, § 33004(b)(2)(D), (E), added pars. (5) to (7) and redesignated former par. (5) as (8).
Subsec. (k). Pub. L. 112–141, § 33004(b)(3), substituted “an annual report” for “annually” and inserted “the report” after “make available” in first sentence, substituted “. The report submitted under this subsection shall include information” for “information” and “The report submitted under this subsection shall identify the ultimate recipients of such grants and include—” for “The 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.”, and added pars. (A) to (D).
2005—Subsec. (a)(1), (2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 109–59, § 7114(a), substituted “5 fiscal years” for “2 fiscal years”.
Subsec. (b)(1). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation”.
Subsec. (b)(2). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Subsec. (b)(2)(A). Pub. L. 109–59, § 7114(a), substituted “5 fiscal years” for “2 fiscal years”.
Subsec. (b)(3)(C), (4). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions of par. (3)(C) and “Secretary shall allocate” for “Secretary of Transportation shall allocate” in introductory provisions of par. (4).
Subsecs. (c), (d). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in subsec. (c) and “Secretary.” for “Secretary of Transportation.” in subsec. (d).
Subsec. (f). Pub. L. 109–59, § 7114(b), substituted “National Response Team” for “national response team”.
Subsec. (g). Pub. L. 109–59, § 7126, substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, § 7114(c), substituted “Federal financial assistance” for “Government grant programs” in introductory provisions.
Subsec. (i). Pub. L. 109–59, § 7114(d)(1), (2), in introductory provisions, inserted “(to be known as the ‘Hazardous Materials Emergency Preparedness Fund’)” after “an account in the Treasury” and struck out “collects under section 5108(g)(2)(A) of this title and” before “transfers to the Secretary”, added par. (3), and redesignated former par. (3) as (4) and substituted “2 percent” for “10 percent”.
Subsec. (k). Pub. L. 109–59, § 7114(e), substituted “The Secretary shall submit annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and make available to the public information on the allocation and uses of the planning grants allocated under subsection (a), training grants under subsection (b), and grants under subsection (j) of this section and under section 5107” for “Not later than , 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” and “The report” for “Such report”.
1996—Subsec. (a)(2). Pub. L. 104–287, § 6(b), made technical correction to directory language of Pub. L. 103–311, § 105(b)(2). See 1994 Amendment note below.
Subsec. (j)(4)(A). Pub. L. 104–287, § 5(8), substituted “section 5115 of this title” for “subsection (g)”.
1994—Subsec. (a)(1). Pub. L. 103–311, § 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, § 105(b)(2), as amended by Pub. L. 104–287, § 6(b), struck out “the State” after “only if” in introductory provisions.
Pub. L. 103–311, § 105(b)(1), inserted “or Indian tribe” after “grant to a State” in introductory provisions.
Subsec. (a)(2)(A). Pub. L. 103–311, § 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, § 105(b)(4), inserted “the State” before “agrees”.
Subsec. (a)(3). Pub. L. 103–311, § 105(c), added par. (3).
Subsec. (i)(1). Pub. L. 103–311, § 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, § 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, § 119(a), added subsecs. (j) and (k).
“Administrator of the Federal Emergency Management Agency”, “Administrators, and Director”, and “Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences” substituted for “Director of the Federal Emergency Management Agency”, “Administrator, and Directors”, and “Directors of the Federal Emergency Management Agency and National Institute of Environmental Health Sciences”, respectively, in subsecs. (f) to (h), on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until , see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Amendment by Pub. L. 114–94 effective , see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 112–141 effective , see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Pub. L. 104–287, § 6(b), , 110 Stat. 3398, provided that the amendment made by section 6(b) is effective .
Pub. L. 103–429, § 7(c), , 108 Stat. 4389, provided that the amendment made by section 7(c) is effective .
Pub. L. 114–94, div. A, title VII, § 7203(c), , 129 Stat. 1591, provided that:
“Nothing in this section [amending this section and
section 5108 of this title] may be construed to prohibit the Secretary [of Transportation] from recovering and deobligating funds from grants that are not managed or expended in compliance with a grant agreement.”