Sec. 203. Hazardous materials transportation emergency response and preparedness grants
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Section 5116 of title 49, United States Code, is amended— by striking the section designation and heading and inserting the following: ; in subsection (a)— in paragraph (1)— in subparagraph (B), by striking ; and and inserting a semicolon; in subparagraph (C)— by striking public sector employees and inserting emergency response personnel ; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: until September 31, 2031, to purchase personal protective equipment, as determined by the Secretary, needed to respond to a hazardous materials emergency response incident, consistent with paragraph
(7)and subject to the condition that not more than 50 percent of the funds made available under this subsection may be used for that purpose; to conduct and organize simulated and field exercises relating to hazardous materials transportation incidents; and to develop a hazardous materials transportation emergency response preparedness gap analysis in accordance with paragraph (9). ; in paragraph (5)(A)— in clause (i), by striking public sector employees being trained and inserting emergency response personnel being trained virtually or in person ; in clause (ii), by striking employees and inserting personnel ; in clause (iii)— by striking employees and inserting personnel ; and by striking ; and and inserting a semicolon; and by adding at the end the following: the costs of personnel needed to replace any personnel being trained; and lost wages for any volunteer being trained, up to a reasonable amount determined by the Secretary; ; in paragraph (6)— by striking subparagraph
(A)and inserting the following: whether grant funds will be used to support the ability of the United States Government to respond to hazardous materials incidents near infrastructure commonly used to transport hazardous materials; ; and in subparagraph (B), by striking amounts and inserting number of shipments ; by redesignating paragraphs
(5)and
(6)as paragraphs
(6)and (8), respectively; by inserting after paragraph
(4)the following: Subject to subparagraph (C), any State receiving a grant under this subsection shall, not later than 180 days after receiving the grant funds, make available to eligible local entities— not less than 70 percent of the grant funds; or eligible services or activities described in paragraph
(1)having a value of not less than 70 percent of the amount of the grant. A State shall certify to the Secretary that the State has made the distribution to eligible local entities required under paragraph
(1)by providing such information as the Secretary shall require. The Governor of a State may request in writing that the Secretary extend the period under subparagraph
(A)for an additional period of time. The Secretary may approve a request under clause
(i)if the Secretary determines that the delay in providing grant funding to eligible local entities pursuant to the extension is necessary to promote effective investments to prepare for or respond to hazardous materials transportation incidents. Subparagraph
(A)shall not apply to Tribes, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the Virgin Islands. An eligible local entity may petition the Secretary to request that grant funds be provided by the Secretary directly to the eligible local entity if a State fails to apply for a grant under this subsection. In making grant funds available to eligible local entities under subparagraph (A), States shall consider whether the eligible local entity has a high proportion of volunteer emergency responders. For purposes of this paragraph, term eligible local entity means any of the following: A political subdivision of a State. A public emergency response organization. ; by inserting after paragraph
(6)(as so redesignated) the following: A recipient of funds provided under this subsection may use the funds to purchase personal protective equipment only if the recipient agrees to properly maintain and store that personal protective equipment. ; and by inserting after paragraph
(8)(as so redesignated) the following: Each hazardous materials transportation emergency response preparedness gap analysis developed pursuant to paragraph (1)(F) shall include— an identification of gaps and limitations of the hazard response program of the applicable jurisdiction, including— knowledge and personal protective equipment gaps; and gaps in training, including Incident Command Management training and ASTM Standard E3241 training; and a strategic plan to address the gaps and limitations identified under clause (i). In developing a hazardous materials transportation emergency response preparedness gap analysis pursuant to paragraph (1)(F), the entity preparing the analysis shall— coordinate with Regional Response Teams (as described in section 300.115 of title 40, Code of Federal Regulations (or a successor regulation)); include States, Tribes, hazardous materials emergency response programs, local governments, and emergency response personnel (including fire service organizations) in that development, as appropriate; and provide an opportunity for States, Tribes, hazardous materials emergency response programs, local governments, and emergency response personnel (including fire service organizations) to review and comment on the analysis before the analysis is published. ; in subsection (d)— in the second sentence, by striking Amounts and inserting the following: Amounts ; in the first sentence, by striking A grant under this section is for 80 percent of the cost the State or Indian tribe incurs and inserting the following: A grant under this section is for 90 percent of the costs incurred by a State, or 100 percent of the costs incurred by a Tribe, ; and by adding at the end the following: For purposes of this subsection, the contributions of a State or Tribe toward the costs of an activity funded by a grant under this section may be in the form of in-kind contributions. ; by amending subsection
(h)to read as follows: 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)(D). Without further appropriation, amounts in the account are available— to make grants under this section and section 5107(e); to monitor and provide technical assistance under subsection (e); to publish and distribute an emergency response guide; and to pay administrative costs of carrying out this section and sections 5107(e) and 5108(g)(2), except that not more than 4 percent of the amounts made available from the account in a fiscal year may be used to pay those costs. The amounts collected under section 5123 shall be— set aside for the purpose of carrying out subsection (k); and available, without further appropriation, for that purpose. The set-aside described in subparagraph (A)— shall apply until the earliest date on which the total amount set aside and available for expenditure under that subparagraph equals or exceeds $50,000,000; and after that date, shall apply to each subsequent period— beginning on a date on which the total amount set aside and available for expenditure under that subparagraph is less than $20,000,000; and ending on the earliest subsequent date on which the total amount set aside and available for expenditure under that subparagraph equals or exceeds $50,000,000. ; by striking subsection
(k)and inserting the following: The Secretary shall submit 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 an annual report that— includes information on the allocation and uses of the grants made available under— this section; and subsections
(e)and
(i)of section 5107; identifies the ultimate recipients of those grants; identifies the amount of funding available for each grant; describes any unobligated balances, total annual drawdown by each grantee, and recovered balances; includes the amount of funding rescinded, by grant recipient, for each grant; and includes— 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; a description of any personal protective equipment purchased using grant funds; an evaluation of the efficacy of each grant program; and any recommendations the Secretary may have for improving such grant programs. ; and by striking tribes each place it appears and inserting Tribes . Section 5116(j)(1)(A) of title 49, United States Code, is amended by striking liquids and inserting materials . Section 5128(b) of title 49, United States Code, is amended— in the matter preceding paragraph (1), by striking Hazardous Materials Preparedness Fund and inserting Hazardous Materials Emergency Preparedness Fund ; in paragraph (3), by striking section 5116(h)(3); and and inserting section 5116(h)(2)(C); ; and by striking paragraph
(4)and inserting the following: $4,000,000 to carry out section 5116(i); and $1,000,000 to carry out section 5116(j). . The analysis for chapter 51 of title 49, United States Code, is amended by striking the item relating to section 5116 and inserting the following: 5116. Hazardous materials transportation emergency response and preparedness. . Section 5102 of title 49, United States Code, is amended by striking paragraph
(6)and inserting the following: Indian tribe , Indian Tribe , and Tribe have the meaning given the term Indian Tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). . Section 5116(j)(3)(B) of title 49, United States Code, is amended— in clause (iii), by striking subsection (h)(3) and inserting subsection (h)(2)(C) ; and in clause (iv), by striking subsection (h)(4) and inserting subsection (h)(2)(D) . Section 5123 of title 49, United States Code, is amended by striking subsection
(g)and inserting the following: Amounts collected under this section shall be transferred to the Hazardous Materials Emergency Preparedness Fund established under section 5116(h). .
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Sec. 203
Hazardous materials transportation emergency response and preparedness grants
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