391 
‘‘(5) a prohibition on contractors from placing 
commercial motor vehicles or drivers in service on 
the public highways to the extent that such drivers 
or their equipment are found to pose an imminent 
hazard; 
‘‘(6) a process by which motor carriers and 
agents of motor carriers shall be able to request the 
Federal Motor Carrier Safety Administration to un-
dertake an investigation of a contractor identified 
that is alleged to be not in compliance with the regu-
lations under this section; and 
‘‘(7) a procedure under which motor carriers, 
drivers, and contractors may seek correction of their 
safety records through the deletion from those 
records of violations of safety regulations attrib-
utable to deficiencies in operation or driver perform-
ance for which they should not have been held re-
sponsible. 
‘‘(c) INSPECTIONS.—The Secretary or an employee of 
the Department of Transportation designated by the Sec-
retary or a contractor or an employee of the recipient of 
a grant issued under section 31102 of this title may in-
spect records for operations controlled by or drivers pro-
vided by the contractor, upon demand and display of prop-
er credentials in person or in writing. 
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‘‘(d) OUT-OF-SERVICE.—Any contractor that is de-
termined under this section to fail to comply with applica-
ble Federal safety regulations may be placed out of service 
by the Secretary or a Federal, State, or government offi-
cial designated by the Secretary and may not exercise 
operational control over a motor carrier’s drivers and com-
mercial motor vehicles and may not provide drivers or 
commercial motor vehicles to a motor carrier until the con-
tractor takes actions necessary to come into compliance. 
‘‘(e) DEFINITION OF CONTRACTOR.—For purposes of 
this section, exclusive of the first use of term in subsection 
(c), the term ‘contractor’ means a person, other than a 
motor carrier, that does one or more of the following: 
‘‘(1) Enters into a contract with a motor carrier 
under which the motor carrier provides commercial 
motor vehicles and drivers dedicated to transporting 
property or passengers for the person over multiple 
trips where the person exercises direct operational 
control, such as setting schedules, routes, pick-up 
and delivery points, and dispatching drivers and 
commercial motor vehicles. 
‘‘(2) Enters into a contract with a motor carrier 
to provide drivers to the carrier and represents that 
it is responsible for ensuring that the drivers meet 
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the qualifications required by this part and regula-
tions promulgated under this part. 
‘‘(3) Enters into a contract with a motor carrier 
to provide commercial motor vehicles to the motor 
carrier (other than for purchase or lease to pur-
chase) and represents that it is responsible under 
the contract for ensuring that the vehicles meet the 
requirements of this part and regulations promul-
gated under it.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 311 is amended by inserting after the item relat-
ing to section 31139 the following: 
‘‘31139a. Contractors exercising operational control over motor carrier oper-
ations’’. 
SEC. 5507. DRIVER COMPENSATION. 
(a) IN GENERAL.—Chapter 311 is amended by in-
serting after section 31139a (as added by section 5506 
of this Act) the following: 
‘‘§ 31140. Driver compensation 
‘‘(a) ON-DUTY, NOT-DRIVING TIME.—The Secretary 
of Transportation may by regulation require that a motor 
carrier employer— 
‘‘(1) track the on-duty (not driving) time of an 
employee whose base compensation is calculated in a 
manner other than an hourly wage and who is re-
quired to keep a record of duty status under the 
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hours of service regulations prescribed by the Sec-
retary; and 
‘‘(2) separately compensate the employee for 
any on-duty, not-driving period at an hourly rate not 
less than the Federal minimum wage rate under sec-
tion 6 of the Fair Labor Standards Act (29 U.S.C. 
206). 
‘‘(b) SCOPE.—This section does not apply to an em-
ployee whose employment is governed by a collective bar-
gaining agreement, negotiated by employee representatives 
certified as bona fide by the National Labor Relations 
Board, if the agreement governs compensation of the em-
ployee for on-duty, not-driving time. 
‘‘(c) OTHER LAW.—Nothing in this section or regula-
tions adopted under this section shall alter an employer’s 
obligations under the Fair Labor Standards Act of 1938 
(29 U.S.C. 201 et seq.). Compensation of employees under 
this section and regulations adopted under this section 
shall be in addition to other compensation calculated for 
purposes of determining compliance with the Fair Labor 
Standards Act.’’. 
(b) CONFORMING AMENDMENT.—The analysis of 
chapter 311 is amended by inserting after the item relat-
ing to section 31139a (as added by section 5506 of this 
Act) the following: 
‘‘31140. Driver compensation’’. 
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SEC. 5508. CIVIL ENFORCEMENT AUTHORITY. 
Section 507 is amended— 
(1) in subsection (b)— 
(A) by inserting ‘‘, subchapter III of chap-
ter 311, chapter 313, or chapter 315’’ after the 
first ‘‘this chapter’’; 
(B) by striking the second ‘‘this chapter’’ 
and inserting ‘‘these provisions’’; and 
(C) by striking ‘‘violating this chapter or a 
regulation or order of the Secretary’’ and in-
serting ‘‘for a violation’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘, at the request of the 
Secretary, may’’ and inserting ‘‘may, and at the 
request of the Secretary, shall’’; and 
(B) by striking ‘‘(except sections 31138 
and 31139) or section 31502’’ and inserting ‘‘, 
chapter 313, and chapter 315’’. 
SEC. 5509. CRIMINAL PENALTIES. 
Section 521(b)(6)(A) is amended by— 
(1) striking ‘‘and willfully’’; 
(2) striking the second ‘‘or’’; 
(3) inserting ‘‘or order’’ after ‘‘regulation’’; 
(4) inserting ‘‘, or an imminent hazard out-of- 
service order issued under this section’’ after ‘‘those 
provisions’’; 
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(5) striking ‘‘to a fine not to exceed $25,000’’ 
and inserting ‘‘to a fine as set forth in section 3571 
of title 18’’; 
(6) striking ‘‘, except that, if’’ and inserting ‘‘. 
If’’; and 
(7) striking ‘‘to a fine not to exceed $2,500’’ 
and inserting ‘‘to a fine as set forth in section 3571 
of title 18 or imprisonment for a term not to exceed 
one year, or both’’. 
SEC. 5510. PENALTIES FOR VIOLATIONS OF OUT-OF-SERV-
ICE ORDERS. 
Section 521(b)(2)(F) is amended by inserting the end 
the following: ‘‘Each day of operation after the effective 
date of the out-of-service order is a separate offense.’’ 
SEC. 5511. TECHNICAL CORRECTIONS. 
(a) FLEETWIDE OUT-OF-SERVICE ORDER FOR OPER-
ATING
WITHOUT
REQUIRED
REGISTRATION.—Section 
13902(e)(1) is amended— 
(1) by inserting ‘‘motor vehicle or’’ before 
‘‘motor carrier providing’’; and 
(2) by inserting ‘‘motor vehicle or’’ before 
‘‘motor carrier operations’’. 
(b) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 
Section 14901(h) is amended by striking ‘‘HOUSEHOLD 
GOODS’’ in the subsection heading. 
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397 
(c) HOURS OF SERVICE STUDY AND ELECTRONIC 
LOGGING DEVICES.—Section 30165(a)(1) is amended by 
striking ‘‘30141 through 30147, or 31137’’ and inserting 
‘‘or 30141 through 30147’’. 
(d) MEDICAL STANDARDS AND REQUIREMENTS.— 
Section 31149(c)(1)(E) is amended by striking ‘‘on a 
monthly basis’’. 
(e) NATIONAL CLEARINGHOUSE FOR CONTROLLED 
SUBSTANCE AND ALCOHOL TEST RESULTS.— 
(1) Section 521 is amended— 
(A) by inserting ‘‘, section 31306(b),’’ be-
fore ‘‘or section 31502’’ in subparagraph 
(b)(2)(A); 
(B) by amending the subparagraph head-
ings for subparagraphs (b)(2)(C) and (b)(6)(B), 
by inserting after ‘‘CDLS’’, each place it ap-
pears, ‘‘AND ALCOHOL AND CONTROLLED SUB-
STANCE TESTING’’; and 
(C) by inserting in subparagraph (b)(2)(C) 
and clause (b)(6)(B)(i), after ‘‘31305(b),’’ each 
place it appears, ‘‘31306, 31306a,’’. 
(2) Section 31306a(f) is amended by inserting 
‘‘AND SERVICE AGENT’’ before ‘‘REQUIREMENTS.’’ 
in the subsection heading. 
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398 
(f) EXEMPTIONS FROM REQUIREMENTS FOR COV-
ERED FARM VEHICLES.—Subsection 32934(c)(1)(B) of 
the Moving Ahead for Progress in the 21st Century Act 
(Public Law 112–141) is amended by striking ‘‘26,001 
pounds’’ in both places it occurs and inserting ‘‘26,000 
pounds’’. 
(g) CORRECTING REFERENCE TO FMCSA IN STAT-
UTE.—Section 30305(b)(1) is amended by striking ‘‘Fed-
eral Highway Administration’’ and inserting ‘‘Federal 
Motor Carrier Safety Administration’’. 
SEC. 5512. AUDITS AND COMPLIANCE INVESTIGATIONS OF 
MEXICO-DOMICILED MOTOR CARRIERS. 
Section 130 of division L of Public Law 113–76 is 
amended by inserting after ‘‘110–28’’ the following: ‘‘, ex-
cept to the extent that a term or condition in either section 
350 or section 6901 requires that safety examinations of 
Mexico-domiciled motor carriers be conducted on-site; 
nothing in section 350 or section 6901 shall be construed 
as limiting the ability of the Federal Motor Carrier Safety 
Administration to conduct any compliance review, new en-
trant safety audit, or other inspection or investigation of 
a Mexico-domiciled motor carrier at any location pre-
scribed by the Administrator of the Federal Motor Carrier 
Safety Administration’’. 
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399 
SEC. 5513. ADMINISTRATIVE ADJUDICATION OF VIOLA-
TIONS OF COMMERCIAL REGULATIONS AND 
STATUTES. 
Section 14702 is amended by adding at the end the 
following: 
‘‘(d) ADMINISTRATIVE ADJUDICATIONS.—In addition 
to civil actions under subsection (a) of this section, the 
authority of the Secretary includes authority to maintain 
by regulation procedures for the administrative adjudica-
tion of violations of this part.’’. 
SEC. 5514. ACCESS TO NATIONAL DRIVER REGISTER. 
Section 30305(b) is amended by inserting at the end 
the following: 
‘‘(13) The Administrator of the Federal Motor 
Carrier Safety Administration may request the chief 
driver licensing official of a State to provide infor-
mation under subsection (a) of this section about an 
individual in connection with a safety investigation 
under the Administrator’s jurisdiction.’’. 
SEC. 5515. ELIMINATION OF CERTAIN FMCSA REPORTING 
REQUIREMENTS. 
(a) MOTOR CARRIER EFFICIENCY STUDY ANNUAL 
REPORT.—Section 5503 of the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy for 
Users (Public Law 109–59) is amended by— 
(1) by striking subsection (d); and 
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(2) redesignating subsection (e) as subsection 
(d). 
(b) SAFETY DATA IMPROVEMENT PROGRAM RE-
PORT.—Section 4128 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users 
(Public Law 109–59) is amended by striking subsection 
(d). 
TITLE 
VI—HAZARDOUS 
MATE-
RIAL 
TRANSPORTATION 
SAFETY 
SEC. 6001. AMENDMENT OF TITLE 49, UNITED STATES 
CODE. 
Except as otherwise expressly provided, whenever in 
this title an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
SEC. 6002. EMERGENCY OPERATIONAL CONTROLS. 
(a) IN GENERAL.—Chapter 51 is amended by insert-
ing after section 5128 the following: 
‘‘§ 5129. Emergency operational controls 
‘‘(a) ORDERING OPERATIONAL CONTROLS, RESTRIC-
TIONS, AND PROHIBITIONS.— 
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401 
‘‘(1) IN GENERAL.—If, upon inspection, inves-
tigation, testing, or research carried out under this 
chapter, the Secretary determines that an unsafe 
condition or practice, or a combination of unsafe 
conditions and practices, or an activity existing with-
in a regulated entity or industry, related to the 
transportation of hazardous materials in commerce, 
causes an emergency situation involving a hazard of 
death, personal injury, or significant harm to prop-
erty or the environment, the Secretary immediately 
may order such operational controls, restrictions, 
and prohibitions, without prior notice or an oppor-
tunity for a hearing, as may be necessary to abate 
the situation. 
‘‘(2) WRITTEN ORDERS.—The order shall be in 
writing, and describe— 
‘‘(A) the condition, practice, or activity 
that causes the emergency situation; 
‘‘(B) the operational controls, restrictions, 
and prohibitions issued or imposed; and 
‘‘(C) the standards and procedures for ob-
taining relief from the order. This paragraph 
does not affect the Secretary’s discretion under 
this section to maintain the order in effect for 
as long as the emergency situation exists. 
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‘‘(3) EMERGENCY VARIANCE.—Notwithstanding 
section 5117(e) of this title, such orders may provide 
for an emergency variance from this chapter or a 
regulation prescribed thereunder. 
‘‘(b) REVIEW OF ORDERS.—After issuing an order 
under this section, the Secretary shall provide an oppor-
tunity for review of the order under section 554 of title 
5. If a petition for review is filed and the review is not 
completed by the end of the 30-day period beginning on 
the date the order was issued, the order stops being effec-
tive at the end of that period unless the Secretary decides 
in writing that the emergency situation still exists.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by inserting after the item relating 
to section 5128 the following: 
‘‘5129. Emergency operational controls.’’. 
SEC. 6003. ENHANCED REGISTRATION REQUIREMENTS. 
Section 5108 is amended by— 
(1) inserting the following after subsection 
(a)(2)(B): 
‘‘(C) a person who performs, or is respon-
sible for performing, a function specified by 
regulation prescribed under this chapter that is 
required to assure the safe transportation of 
hazardous material, in commerce, and is subject 
to the training requirements of section 5107.’’; 
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(2) in subsection (a)(3), inserting after ‘‘mate-
rial,’’ the following: ‘‘or perform or be responsible 
for performing a function specified by regulation 
prescribed under this chapter that is required to as-
sure the safe transportation of hazardous material, 
in commerce, and is subject to the training require-
ments of section 5107,’’; 
(3) in subparagraph (g)(2)(A), by striking ‘‘and 
impose by regulation’’; and 
(4) in subparagraphs (g)(2)(B) and (g)(2)(C), 
replacing ‘‘(i)’’ with ‘‘(h)’’. 
SEC. 6004. USER FEES FOR SPECIAL PERMITS. 
Section 5117 is amended by inserting the following 
at the end: 
‘‘(g) FEES.— 
‘‘(1) ESTABLISHMENT.—There is established a 
Hazardous Materials Approvals and Permits Fund 
for the administration of special permits and approv-
als. 
‘‘(2) USE OF FEES.—The Secretary of Trans-
portation shall collect a reasonable fee, to the extent 
and in such amounts as provided in advance in ap-
propriations acts, for the administration of special 
permits and approvals, which shall be deposited in 
the fund established in paragraph (1). 
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‘‘(3) REGULATIONS.—The Secretary, after pro-
viding notice and an opportunity for public com-
ment, shall issue regulations to implement this sub-
section and shall establish annual fee rates.’’. 
SEC. 6005. NATIONAL EMERGENCY AND DISASTER RE-
SPONSE. 
(a) PURPOSE.—Section 5101 is amended by inserting 
‘‘and to facilitate the safe movement of hazardous mate-
rials during national emergencies’’ after ‘‘commerce’’. 
(b) STANDARDS.—Section 5103 is amended by redes-
ignating subsections (c) and (d) as (d) and (e) and insert-
ing new subsection (c) to read as follows: 
‘‘(c) FEDERALLY DECLARED DISASTER AND EMER-
GENCY AREAS.—The Secretary, in consultation with the 
Secretary of Homeland Security, may prescribe standards 
to facilitate the movement of hazardous materials into, 
from and within federally declared disaster and emergency 
areas.’’. 
SEC. 6006. ENHANCED REPORTING. 
Section 5121(h) is amended by— 
(1) striking ‘‘transmit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate’’; and 
(2) inserting ‘‘make public’’ after ‘‘and’’. 
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405 
SEC. 6007. IMPROVING PUBLICATION OF SPECIAL PERMITS. 
Section 5117 is amended— 
(1) in subsection (b), by striking ‘‘publish in 
the Federal Register’’ and inserting ‘‘make public 
through’’ after ‘‘shall’’; and 
(2) in subsection (c), by striking ‘‘publish’’ and 
‘‘in the Federal Register’’ and inserting ‘‘make pub-
lic’’ after ‘‘shall’’. 
SEC. 6008. HAZARD ABATEMENT AUTHORITY. 
(a) IN GENERAL.—Chapter 51 is amended by insert-
ing after section 5129 the following: 
‘‘§ 5130. Hazard abatement authority 
‘‘(a) ORDERING REMOVAL, REMEDIATION, OR DIS-
POSAL.—If, upon inspection, investigation, testing, or re-
search, the Secretary determines that an unsafe condition, 
practice, or activity, related to the transportation of haz-
ardous materials in commerce or other items subject to 
this chapter, causes unreasonable risk of death, personal 
injury, or significant harm to the property or the environ-
ment, the Secretary may order removal, remediation, or 
disposal of such hazardous materials or other items sub-
ject to this chapter, as may be necessary to abate the un-
reasonable risk. 
‘‘(b) WRITTEN ORDERS.—The order shall be in writ-
ing, and describe— 
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‘‘(1) the condition, practice, or activity that 
causes the unreasonable risk; 
‘‘(2) the actions that must be taken to abate 
the unreasonable risk; and 
‘‘(3) the standards and procedures for obtaining 
relief from the order. 
‘‘(c) DURATION OF ORDER.—Subsection (b) does not 
affect the Secretary’s discretion under this section to 
maintain the order in effect for as long as the emergency 
situation exists. 
‘‘(d) FAILURE TO COMPLY.—If the Secretary deter-
mines that a person has failed to comply with an order 
for removal, remediation, or disposal, the Secretary may 
take such action to arrange for the removal, remediation, 
or disposal of such hazardous materials as necessary to 
abate the unreasonable risk. 
‘‘(e) LIABILITY FOR NONCOMPLIANCE.—Upon a de-
termination by the Secretary that a person has failed to 
comply with an order for removal, remediation, or disposal 
of a hazardous material, such person shall be liable for 
all costs incurred by the United States Government in re-
moving, remediating, or disposing of such hazardous ma-
terials.’’. 
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407 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter 51 is amended by inserting after the item relating 
to section 5129 the following: 
‘‘5130. Hazard abatement authority.’’. 
SEC. 6009. INSPECTION OF NON-DOMESTIC ENTITIES. 
Section 5121 is amended by inserting the following 
after subsection (c)(3): 
‘‘(4) INSPECTION
OF
NON-DOMESTIC
ENTI-
TIES.—In instances when a person seeks to manu-
facture, requalify, or inspect a DOT specification 
packaging or special permit cylinders or certify com-
pliance with title 49 of the Code of Federal Regula-
tions outside the United States, that person must 
seek an approval from the Secretary to perform that 
function outside the United States. Upon the re-
quest of the Secretary, the applicant must allow the 
Secretary or the Secretary’s designee to inspect the 
applicant’s process and procedures. The applicant 
must bear the cost of the initial and subsequent in-
spections.’’. 
SEC. 6010. IMPROVING THE EFFECTIVENESS OF THE HMEP 
GRANT PROGRAM. 
(a) PLANNING
AND TRAINING GRANTS.—Section 
5116 is amended to read as follows: 
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‘‘§ 5116. Planning and training grants, monitoring, 
and review 
‘‘(a) PLANNING AND TRAINING GRANTS.—(1) The 
Secretary shall make grants to States and Indian tribes— 
‘‘(A) to develop, improve, and carry out emer-
gency 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 jurisdic-
tion 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; 
‘‘(B) to decide on the need for a regional haz-
ardous material emergency response team; and 
‘‘(C) to train public sector employees to respond 
to accidents and incidents involving hazardous mate-
rial. 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 near-
by persons, property, and the environment from the 
effects of accidents or incidents involving the trans-
portation of hazardous material in accordance with 
existing regulations or National Fire Protection As-
sociation standards for competence of responders to 
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accidents and incidents involving hazardous mate-
rials. 
‘‘(2) The Secretary may make a grant to a State or 
Indian tribe under paragraph (1) of this subsection only 
if— 
‘‘(A) the State or Indian tribe certifies that the 
total amount the State or Indian tribe expends (ex-
cept amounts of the United States Government) for 
the purpose of the grant will at least equal the aver-
age level of expenditure for the last 5 years; and 
‘‘(B) any emergency response training provided 
under the grant shall consist of: 
‘‘(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. 
‘‘(3) 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 ad-
jacent States and Indian tribes. 
‘‘(4) A training grant under this subsection may be 
used— 
‘‘(A) to pay— 
‘‘(i) the tuition costs of public sector em-
ployees being trained; 
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‘‘(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 pro-
viding the training; 
‘‘(B) by the State, political subdivision, or In-
dian tribe to provide the training; and 
‘‘(C) to make an agreement with a person (in-
cluding an authority of a State, a political subdivi-
sion of a State or Indian tribe, or a local jurisdic-
tion), subject to approval by the Secretary, to pro-
vide the training— 
‘‘(i) if the agreement allows the Secretary 
and the State or Indian tribe to conduct ran-
dom examinations, inspections, and audits of 
the training without prior notice; 
‘‘(ii) the person agrees to have an 
auditable accounting system; and 
‘‘(iii) if the State or Indian tribe conducts 
at least one on-site observation of the training 
each year. 
‘‘(5) 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 
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and Indian tribes for emergency response training. In 
making a decision about those needs, the Secretary shall 
consider— 
‘‘(A) the number of hazardous material facili-
ties in the State or on land under the jurisdiction of 
the Indian tribe; 
‘‘(B) the types and amounts of hazardous mate-
rial transported in the State or on such land; 
‘‘(C) whether the State or Indian tribe imposes 
and collects a fee on transporting hazardous mate-
rial; 
‘‘(D) whether such fee is used only to carry out 
a purpose related to transporting hazardous mate-
rial; 
‘‘(E) the past record of the State or Indian 
tribe in effectively managing planning and training 
grants; and 
‘‘(F) other factors the Secretary decides are ap-
propriate to carry out this subsection. 
‘‘(b) COMPLIANCE WITH CERTAIN LAW.—The Sec-
retary may make a grant to a State under this section 
only if the State certifies that the State complies with sec-
tions 301 and 303 of the Emergency Planning and Com-
munity Right-To-Know Act of 1986 (42 U.S.C. 11001, 
11003). 
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‘‘(c) APPLICATIONS.—A State or Indian tribe inter-
ested 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 Sec-
retary requires by regulation to carry out the objectives 
of this section. 
‘‘(d) GOVERNMENT’S SHARE OF COSTS.—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. 
‘‘(e) MONITORING AND TECHNICAL ASSISTANCE.—In 
coordination with the Secretaries of Transportation and 
Energy, the Administrator of the Environmental Protec-
tion 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 haz-
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ardous material and shall coordinate the assistance using 
the existing coordinating mechanisms of the National Re-
sponse Team and, for radioactive material, the Federal 
Radiological Preparedness Coordinating Committee. 
‘‘(f) DELEGATION OF AUTHORITY.—To minimize ad-
ministrative costs and to coordinate Federal financial as-
sistance 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, Admin-
istrator of the Environmental Protection Agency, and Sec-
retaries of Labor and Energy any of the following: 
‘‘(1) Authority to receive applications for grants 
under this section. 
‘‘(2) Authority to review applications for tech-
nical compliance with this section. 
‘‘(3) Authority to review applications to rec-
ommend approval or disapproval. 
‘‘(4) Any other ministerial duty associated with 
grants under this section. 
‘‘(g) MINIMIZING DUPLICATION OF EFFORT AND EX-
PENSES.—The Secretaries of Transportation, Labor, and 
Energy, the Administrator of the Federal Emergency 
Management Agency, the Director of the National Insti-
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tute of Environmental Health Sciences, the Chairman of 
the Nuclear Regulatory Commission, and the Adminis-
trator of the Environmental Protection Agency shall re-
view periodically, with the head of each department, agen-
cy, or instrumentality of the Government, all emergency 
response and preparedness training programs of that de-
partment, agency, or instrumentality to minimize duplica-
tion of effort and expense of the department, agency, or 
instrumentality in carrying out the programs and shall 
take necessary action to minimize duplication. 
‘‘(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 Sec-
retary of Transportation transfers to the Secretary of the 
Treasury under section 5108(g)(2)(C) of this title. With-
out further appropriation, amounts in the account are 
available— 
‘‘(1) to make grants under this section; 
‘‘(2) to monitor and provide technical assistance 
under subsection (e) of this section; 
‘‘(3) to publish and distribute an emergency re-
sponse guide; and 
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‘‘(4) 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. 
‘‘(i) INSTRUCTOR TRAINING GRANTS
FOR EMER-
GENCY RESPONDERS AND HAZARDOUS MATERIALS EM-
PLOYEES.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
grants under this subsection— 
‘‘(A) for training instructors to conduct 
hazardous materials response training programs 
for individuals with statutory responsibility to 
respond to hazardous materials accidents and 
incidents; 
‘‘(B) for training instructors to train 
hazmat employees; and 
‘‘(C) to the extent determined appropriate 
by the Secretary, for such instructors to train 
hazmat employees. 
‘‘(2) ELIGIBILITY FOR EMERGENCY RESPONDER 
TRAINING GRANTS.—A grant under (1)(A) of this 
subsection shall be made through a competitive proc-
ess to a nonprofit organization that— 
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‘‘(A) demonstrates expertise in conducting 
a training program for hazmat emergency re-
sponders; 
‘‘(B) has the ability to reach and involve in 
a training program a target population of 
hazmat emergency responders; 
‘‘(C) agrees to use a course or courses de-
veloped or identified under section 5115 of this 
title or otherwise approved by the Secretary; 
‘‘(D) provides training courses that comply 
with Federal regulations and national consensus 
standards for hazardous materials response and 
are offered on a nondiscriminatory basis; and 
‘‘(E) 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 acci-
dents or incidents involving the transportation 
of hazardous material in accordance with exist-
ing regulations or National Fire Protection As-
sociation standards for competence of respond-
ers to accidents and incidents involving haz-
ardous materials. 
‘‘(3) ELIGIBILITY FOR HAZARDOUS MATERIALS 
EMPLOYEE
TRAINING
GRANTS.—A grant under 
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(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 haz-
ardous materials employees. 
‘‘(4) TRAINING OF CERTAIN EMPLOYEES.—The 
Secretary shall ensure that maintenance-of-way em-
ployees and railroad signalmen receive general 
awareness and familiarization training and safety 
training pursuant to section 172.704 of title 49, 
Code of Federal Regulations. 
‘‘(5) EXISTING EFFORT.—No grant under this 
subsection shall supplant or replace existing em-
ployer-provided hazardous materials training efforts 
or obligations. 
‘‘(6) USE OF FUNDS.—Funds granted to an or-
ganization under this subsection shall only be 
used— 
‘‘(A) to provide training, including portable 
training, for instructors to conduct hazardous 
materials and hazardous materials response 
training programs; 
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‘‘(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. 
‘‘(7) PORTABLE TRAINING.—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 de-
livery model, instructors travel to locations conven-
ient to students and utilize local facilities and re-
sources. 
‘‘(8) TERMS AND CONDITIONS.—The Secretary 
may impose such additional terms and conditions on 
grants to be made under this subsection as the Sec-
retary determines are necessary to protect the inter-
ests of the United States and to carry out the objec-
tives of this subsection. 
‘‘(j) REPORTS.—The Secretary shall make an annual 
report available to the public (in an electronically acces-
sible format). The report submitted under this subsection 
shall include information on the allocation and uses of the 
planning and training grants allocated under subsection 
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