Sec. 6010. Improving the effectiveness of the HMEP grant program
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Section 5116 is amended to read as follows: The Secretary shall make grants to States and Indian tribes— 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; to decide on the need for a regional hazardous material emergency response team; and to train public sector employees to respond to accidents and incidents involving hazardous material.
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.
The Secretary may make a grant to a State or Indian tribe under paragraph
(1)of this subsection only if— the State or Indian tribe certifies that the total amount the State or Indian tribe expends (except amounts of the United States Government) for the purpose of the grant will at least equal the average level of expenditure for the last 5 years; and any emergency response training provided under the grant shall consist of: a course developed or identified under section 5115 of this title; or another course the Secretary decides is consistent with the objectives of this section. A State or Indian tribe receiving a grant under this subsection shall ensure that planning and emergency response training under the grant is coordinated with adjacent States and Indian tribes. A training grant under this subsection may be used— to pay— the tuition costs of public sector employees being trained; travel expenses of those employees to and from the training facility; room and board of those employees when at the training facility; and travel expenses of individuals providing the training; by the State, political subdivision, or Indian tribe to provide the training; and 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 the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice; the person agrees to have an auditable accounting system; and if the State or Indian tribe conducts at least one on-site observation of the training each year. 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 training. In making a decision about those needs, the Secretary shall consider— the number of hazardous material facilities in the State or on land under the jurisdiction of the Indian tribe; the types and amounts of hazardous material transported in the State or on such land; whether the State or Indian tribe imposes and collects a fee on transporting hazardous material; whether such fee is used only to carry out a purpose related to transporting hazardous material; the past record of the State or Indian tribe in effectively managing planning and training grants; and other factors the Secretary decides are appropriate to carry out this subsection. The Secretary may make a grant to a State under this section 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). A State or Indian tribe interested in receiving a grant under this section shall submit an application to the Secretary. The application must be submitted at the time, and contain information, the Secretary requires by regulation to carry out the objectives of this section. A grant under this section is for 80 percent of the cost the State or Indian tribe incurs 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. In coordination with the Secretaries of Transportation and Energy, the Administrator of the Environmental Protection Agency, and the Director of the National Institute of Environmental Health Sciences, the Administrator 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. 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 and 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: Authority to receive applications for grants under this section. Authority to review applications for technical compliance with this section. Authority to review applications to recommend approval or disapproval. Any other ministerial duty associated with grants under this section. The Secretaries of Transportation, Labor, and Energy, the Administrator of the Federal Emergency Management Agency, the Director of the National Institute of Environmental Health Sciences, the Chairman of the Nuclear Regulatory Commission, and the 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. 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— to make grants under this section; to monitor and provide technical assistance under subsection
(e)of this section; to publish and distribute an emergency response guide; and to pay administrative costs of carrying out this section and sections 5108(g)(2) and 5115 of this title, except that up to 4 percent of the amounts made available from the account in a fiscal year may be used to pay those costs. The Secretary shall make grants under this subsection— for training instructors to conduct hazardous materials response training programs for individuals with statutory responsibility to respond to hazardous materials accidents and incidents; for training instructors to train hazmat employees; and to the extent determined appropriate by the Secretary, for such instructors to train hazmat employees. A grant under (1)(A) of this subsection shall be made through a competitive process to a nonprofit organization that— demonstrates expertise in conducting a training program for hazmat emergency responders; has the ability to reach and involve in a training program a target population of hazmat emergency responders; agrees to use a course or courses developed or identified under section 5115 of this title or otherwise approved by the Secretary; provides training courses that comply with Federal regulations and national consensus standards for hazardous materials response and are offered on a nondiscriminatory basis; and ensures that 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. A grant under (1)(B) and (1)(C) of this subsection shall be made on a competitive basis to a nonprofit organization that demonstrates expertise in providing training, research, technological development, or a similar service intended to enhance the capabilities of hazardous materials employees. The Secretary shall ensure that maintenance-of-way employees and railroad signalmen receive general awareness and familiarization training and safety training pursuant to section 172.704 of title 49, Code of Federal Regulations. No grant under this subsection shall supplant or replace existing employer-provided hazardous materials training efforts or obligations. Funds granted to an organization under this subsection shall only be used— to provide training, including portable training, for instructors to conduct hazardous materials and hazardous materials response training programs; to purchase training equipment used exclusively to train instructors to conduct such training programs; and to disseminate such information and materials as are necessary for the conduct of such training programs. In this subsection, the term portable training means live, instructor-led training provided by certified instructors that can be offered in any suitable setting, rather than specific designated facilities. Under this training delivery model, instructors travel to locations convenient to students and utilize local facilities and resources. 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. The Secretary shall make an annual report available to the public (in an electronically-accessible format). The report submitted under this subsection shall include information on the allocation and uses of the planning and training grants allocated under subsection (a), and grants under subsection
(i)of this section. The report submitted under this subsection shall identify the ultimate recipients of such grants and include— a detailed accounting and description of each grant expenditure by each grant recipient, including the amount of, and purpose for, each expenditure; the number of persons trained under the grant program, by training level; an evaluation of the efficacy of such planning and training programs; and any recommendations the Secretary may have for improving such grant programs. . The analysis for chapter 51 is amended by striking the item relating to section 5116 and inserting the following: 5116. Planning and training grants, monitoring, and review . Section 5107 is amended by— striking from the section heading; and grants deleting subsections (e), (f), and (h); and redesignating subsection
(g)as subsection (e). The analysis for chapter 51 is amended by striking the item relating to section 5107 and inserting the following: 5107. HAZMAT employee training requirements. .
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Sec. 6010
Improving the effectiveness of the HMEP grant program
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