Planning and Training Grants .—
Compliance With Certain Law .—
Applications .—
Government’s Share of Costs .—
Monitoring and Technical Assistance .—
Delegation of Authority .—
Minimizing Duplication of Effort and Expenses .—
Annual Registration Fee Account and Its Uses .—
Supplemental Training Grants.—
Alert Grant Program.—
Assistance for local emergency response training .—
Eligible entities .—
Funding.—
In general .—
Other hazardous material training activities .—
Obligation limitation .—
Reports .—
Pub. L. 103–272, § 1(d)108 Stat. 773Pub. L. 103–311, title I108 Stat. 1673Pub. L. 103–429, § 7(c)108 Stat. 4389Pub. L. 104–287110 Stat. 3389Pub. L. 109–59, title VII119 Stat. 1900Pub. L. 109–295, title VI, § 612(c)120 Stat. 1410Pub. L. 112–141, div. C, title III, § 33004(b)126 Stat. 832Pub. L. 114–94, div. A, title VII, § 7203(a)129 Stat. 1589Pub. L. 117–58, div. B, title VI, § 26002135 Stat. 882(, , ; , §§ 105, 119(a), (d)(2), (3), , , 1679, 1680; , , ; , §§ 5(8), 6(b), , , 3398; , §§ 7114(a)–(d)(2), (e), 7126, , , 1909; , , ; , , ; , (b)(2), , , 1591; , , .)
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Historical and Revision Notes |
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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, § 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.
Pub. L. 104–287, § 5(8)
This amends 49:5116(j)(4)(A) to correct an erroneous cross-reference.
Editorial Notes
References in Text
Pub. L. 99–499100 Stat. 1728section 11001 of Title 42The Emergency Planning and Community Right-To-Know Act of 1986, referred to in subsec. (a)(1)(A), is title III of , , , 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 and Tables.
Amendments
Pub. L. 117–58, § 26002(3)2021—Subsec. (j). , 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.
Pub. L. 117–58, § 26002(2)Subsec. (k). , redesignated subsec. (j) as (k).
Pub. L. 114–94, § 7203(a)(3)2015—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which related to planning grants.
Pub. L. 114–94, § 7203(a)(1)Subsecs. (b), (c). , (2), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to training grants.
Pub. L. 114–94, § 7203(a)(1)Subsec. (d). , (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).
Pub. L. 114–94, § 7203(a)(1)Subsecs. (e) to (g). , redesignated subsecs. (f) to (h) as (e) to (g), respectively. Former subsec. (e) redesignated (d).
Pub. L. 114–94, § 7203(a)(1)Subsec. (h). , redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Pub. L. 114–94, § 7203(b)(2)(B)(i)Subsec. (h)(1). , inserted “and section 5107(e)” after “section”.
Pub. L. 114–94, § 7203(b)(2)(B)(ii)Subsec. (h)(2). , substituted “subsection (e)” for “subsection (f)”.
Pub. L. 114–94, § 7203(b)(2)(B)(iii)Subsec. (h)(4). , substituted “5107(e) and 5108(g)(2)” for “5108(g)(2) and 5115”.
Pub. L. 114–94, § 7203(a)(1)Subsec. (i). , (b)(2)(C), redesignated subsec. (j) as (i) and substituted “subsection (a)” for “subsection (b)” in par. (1). Former subsec. (i) redesignated (h).
Pub. L. 114–94, § 7203(b)(2)(D)Subsec. (j). , 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).
Pub. L. 114–94, § 7203(a)(1)Subsec. (k). , redesignated subsec. (k) as (j).
Pub. L. 112–141, § 33004(b)(1)2012—Subsec. (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.”
Pub. L. 112–141, § 33004(b)(2)(A)Subsec. (j)(1). , 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”.
Pub. L. 112–141, § 33004(b)(2)(B)Subsec. (j)(3)(A). , substituted “provide training, including portable training, for” for “train”.
Pub. L. 112–141, § 33004(b)(2)(C)(ii)Subsec. (j)(4). , 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.
Pub. L. 112–141, § 33004(b)(2)(D)Subsec. (j)(5) to (8). , (E), added pars. (5) to (7) and redesignated former par. (5) as (8).
Pub. L. 112–141, § 33004(b)(3)Subsec. (k). , 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).
Pub. L. 109–59, § 71262005—Subsec. (a)(1), (2). , substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, § 7114(a)Subsec. (a)(2)(A). , substituted “5 fiscal years” for “2 fiscal years”.
Pub. L. 109–59, § 7126Subsec. (b)(1). , substituted “Secretary” for “Secretary of Transportation”.
Pub. L. 109–59, § 7126Subsec. (b)(2). , substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
Pub. L. 109–59, § 7114(a)Subsec. (b)(2)(A). , substituted “5 fiscal years” for “2 fiscal years”.
Pub. L. 109–59, § 7126Subsec. (b)(3)(C), (4). , 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).
Pub. L. 109–59, § 7126Subsecs. (c), (d). , substituted “Secretary” for “Secretary of Transportation” in subsec. (c) and “Secretary.” for “Secretary of Transportation.” in subsec. (d).
Pub. L. 109–59, § 7114(b)Subsec. (f). , substituted “National Response Team” for “national response team”.
Pub. L. 109–59, § 7126Subsec. (g). , 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.
Pub. L. 109–59, § 7114(d)(1)section 5108(g)(2)(A) of this titleSubsec. (i). , (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 and” before “transfers to the Secretary”, added par. (3), and redesignated former par. (3) as (4) and substituted “2 percent” for “10 percent”.
Pub. L. 109–59, § 7114(e)Subsec. (k). , 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”.
Pub. L. 104–287, § 6(b)Pub. L. 103–311, § 105(b)(2)1996—Subsec. (a)(2). , made technical correction to directory language of . See 1994 Amendment note below.
Pub. L. 104–287, § 5(8)section 5115 of this titleSubsec. (j)(4)(A). , substituted “” for “subsection (g)”.
Pub. L. 103–311, § 105(a)1994—Subsec. (a)(1). , 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”.
Pub. L. 103–311, § 105(b)(2)Pub. L. 104–287, § 6(b)Subsec. (a)(2). , as amended by , 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.
Pub. L. 103–311, § 105(b)(1)Subsec. (a)(2)(A). , (3), inserted “the State or Indian tribe” before “certifies” and “or Indian tribe” before “expends”.
Pub. L. 103–311, § 105(b)(4)Subsec. (a)(2)(B). , inserted “the State” before “agrees”.
Pub. L. 103–311, § 105(c)Subsec. (a)(3). , added par. (3).
Pub. L. 103–311, § 119(d)(2)Pub. L. 103–429section 5107(e) of this titleSubsec. (i)(1). , as amended by , struck out “and ” after “under this section”.
Pub. L. 103–311, § 119(d)(3)Pub. L. 103–429Subsec. (i)(3). , as amended by , substituted “5108(g)(2)” for “5107(e), 5108(g)(2),”.
Pub. L. 103–311, § 119(a)Subsecs. (j), (k). , added subsecs. (j) and (k).
Statutory Notes and Related Subsidiaries
Change of Name
section 612(c) of Pub. L. 109–295section 313 of Title 6Pub. L. 109–295section 612(f)(2) of Pub. L. 109–295section 313 of Title 6“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 , set out as a note under , Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until , see , set out as a note under .
Effective Date of 2015 Amendment
Pub. L. 114–94section 1003 of Pub. L. 114–94section 5313 of Title 5Amendment by effective , see , set out as a note under , Government Organization and Employees.
Effective Date of 2012 Amendment
Pub. L. 112–141section 3(a) of Pub. L. 112–141section 101 of Title 23Amendment by effective , see , set out as an Effective and Termination Dates of 2012 Amendment note under , Highways.
Effective Date of 1996 Amendment
Pub. L. 104–287, § 6(b)110 Stat. 3398, , , provided that the amendment made by section 6(b) is effective .
Effective Date of 1994 Amendment
Pub. L. 103–429, § 7(c)108 Stat. 4389, , , provided that the amendment made by section 7(c) is effective .
Savings Clause
Pub. L. 114–94, div. A, title VII, § 7203(c)129 Stat. 1591