49 U.S.C. § 5116 — Planning and training grants, monitoring,

Page 213 TITLE 49—TRANSPORTATION § 5116 tion 301 of the Emergency Planning and Com- munity Right-To-Know Act of 1986 (42 U.S.C. 11001); and (2) the Secretary may publish and distribute a list of programs and courses maintained and updated under this section and of any pro- grams utilizing such courses. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772; Pub. L. 103–429, § 6(5), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, §§ 7113, 7126, Aug. 10, 2005, 119 Stat. 1899, 1909; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 112–141, div. C, title III, § 33004(a), July 6, 2012, 126 Stat. 832; Pub. L. 114–94, div. A, title VI, § 6013, Dec. 4, 2015, 129 Stat. 1570.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 5115(a) ........ 49 App.:1815(g)(1), (5). Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117A (g)(1)–(6), (8); added Nov. 16, 1990, Pub. L. 101–615, § 17, 104 Stat. 3265, 3267. 5115(b) ........ 49 App.:1815(g)(2), (3). 5115(c) ........ 49 App.:1815(g)(4). 5115(d)(1) .... 49 App.:1815(g)(6). 5115(d)(2) .... 49 App.:1815(g)(8). In subsection (c)(3), the words ‘‘including standards 471 and 472’’ are omitted as surplus. In subsection (d)(1), the word ‘‘updates’’ is sub- stituted for ‘‘amendments’’ for clarity. PUB. L. 103–429 This amends 49:5115(b)(1)(C) to make a cross-reference more precise. Editorial Notes AMENDMENTS 2015—Subsec. (a). Pub. L. 114–94 inserted ‘‘, including online curriculum as appropriate,’’ after ‘‘a current curriculum of courses’’. 2012—Subsecs. (b)(1)(B), (2), (c). Pub. L. 112–141 struck out ‘‘basic’’ after ‘‘recommended’’. 2005—Subsec. (a). Pub. L. 109–59, § 7113(a), inserted heading and first sentence and struck out former head- ing and first sentence. Text read as follows: ‘‘Not later than November 16, 1992, in coordination with the Direc- tor of the Federal Emergency Management Agency, Chairman of the Nuclear Regulatory Commission, Ad- ministrator of the Environmental Protection Agency, Secretaries of Labor, Energy, and Health and Human Services, and Director of the National Institute of En- vironmental Health Sciences, and using the existing coordinating mechanisms of the national response team and, for radioactive material, the Federal Radio- logical Preparedness Coordinating Committee, the Sec- retary of Transportation shall develop and update peri- odically a curriculum consisting of a list of courses necessary to train public sector emergency response and preparedness teams.’’ Subsec. (b). Pub. L. 109–59, § 7113(b)(1), substituted ‘‘maintained and updated’’ for ‘‘developed’’ in introduc- tory provisions. Subsec. (b)(1)(C). Pub. L. 109–59, § 7113(b)(2), sub- stituted ‘‘with Federal financial assistance, including programs’’ for ‘‘under other United States Government grant programs, including those’’. Subsec. (c)(3). Pub. L. 109–59, § 7113(c), inserted ‘‘and such other voluntary consensus standard-setting orga- nizations as the Secretary of Transportation deter- mines appropriate’’ before period at end. Subsec. (d). Pub. L. 109–59, § 7113(d)(1), substituted ‘‘National Response Team’’ for ‘‘national response team’’ in introductory provisions. Subsec. (d)(1). Pub. L. 109–59, § 7113(d)(2), substituted ‘‘Secretary’’ for ‘‘Director of the Federal Emergency Management Agency’’. Subsec. (d)(2). Pub. L. 109–59, § 7126, substituted ‘‘Sec- retary’’ for ‘‘Secretary of Transportation’’. Pub. L. 109–59, § 7113(d)(3), inserted ‘‘and distribute’’ after ‘‘publish’’ and substituted ‘‘list of programs and courses maintained and updated under this section and of any programs utilizing such courses’’ for ‘‘list of pro- grams that uses a course developed under this section for training public sector employees to respond to an accident or incident involving the transportation of hazardous material’’. 1994—Subsec. (b)(1)(C). Pub. L. 103–429 substituted ‘‘126(g)’’ for ‘‘126’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in subsec. (a) on au- thority 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 Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 5116. Planning and training grants, monitoring, and review (a) PLANNING AND TRAINING GRANTS.—(1) The Secretary shall make grants to States and In- dian 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 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; (B) to decide on the need for regional haz- ardous material emergency response teams; and (C) to train public sector employees to re- spond to accidents and incidents involving hazardous material. (2) To the extent that a grant is used to train emergency responders under paragraph (1)(C), the State or Indian tribe shall provide written certification to the Secretary that the emer- gency responders who receive training under the Page 214 TITLE 49—TRANSPORTATION § 5116 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 accord- ance with existing regulations or National Fire Protection Association standards for com- petence of responders to accidents and incidents involving hazardous materials. (3) The Secretary may make a grant to a State or Indian tribe under paragraph (1) of this sub- section only if— (A) the State or Indian tribe certifies that the total amount the State or Indian tribe ex- pends (except amounts of the Federal Govern- ment) for the purpose of the grant will at least equal the average level of expenditure for the last 5 years; and (B) any emergency response training pro- vided under the grant shall consist of— (i) a course developed or identified under section 5115 of this title; or (ii) any other course the Secretary deter- mines is consistent with the objectives of this section. (4) 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. (5) A training grant under paragraph (1)(C) may be used— (A) to pay— (i) the tuition costs of public sector em- ployees being trained; (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 subdivision of a State or Indian tribe, or a local jurisdiction), subject to approval by the Secretary, to provide the training if— (i) the agreement allows the Secretary and the State or Indian tribe to conduct random examinations, inspections, and audits of the training without prior notice; (ii) the person agrees to have an auditable accounting system; and (iii) the State or Indian tribe conducts at least one on-site observation of the training each year. (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 Sec- retary shall consider— (A) the number of hazardous material facili- ties in the State or on land under the jurisdic- tion of the Indian tribe; (B) the types and amounts of hazardous ma- terial transported in the State or on such land; (C) whether the State or Indian tribe im- poses and collects a fee for transporting haz- ardous material; (D) whether such fee is used only to carry out a purpose related to transporting haz- ardous material; (E) the past record of the State or Indian tribe in effectively managing planning and training grants; and (F) any other factors the Secretary deter- mines are appropriate to carry out this sub- section. (b) COMPLIANCE WITH CERTAIN LAW.—The Sec- retary may make a grant to a State under this section in a fiscal year 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). (c) APPLICATIONS.—A State or Indian tribe in- terested 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. (d) GOVERNMENT’S SHARE OF COSTS.—A grant under this section is for 80 percent of the cost the State or Indian tribe incurs in the fiscal year to carry out the activity for which the grant is made. Amounts of the State or tribe under subsection (a)(3)(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 Trans- portation and Energy, Administrator of the En- vironmental Protection Agency, and 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, Administra- tors, and Director each shall provide technical assistance to a State, political subdivision of a State, or Indian tribe for carrying out emer- gency response training and planning for an ac- cident or incident involving hazardous material and shall coordinate the assistance using the ex- isting coordinating mechanisms of the National Response Team and, for radioactive material, the Federal Radiological Preparedness Coordi- nating Committee. (f) DELEGATION OF AUTHORITY.—To minimize administrative costs and to coordinate Federal financial assistance for emergency response training and planning, the Secretary may dele- gate to the Administrator of the Federal Emer- gency Management Agency, Director of the Na- tional Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, Administrator of the Environ- mental Protection Agency, and Secretaries 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. Page 215 TITLE 49—TRANSPORTATION § 5116 (g) MINIMIZING DUPLICATION OF EFFORT AND EXPENSES.—The Secretaries of Transportation, Labor, and Energy, Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environmental Health Sciences, Chairman of the Nuclear Regulatory Commission, and Administrator of the Environ- mental Protection Agency shall review periodi- cally, with the head of each department, agency, or instrumentality of the Government, all emer- gency response and preparedness training pro- grams of that department, agency, or instru- mentality to minimize duplication of effort and expense of the department, agency, or instru- mentality in carrying out the programs and shall take necessary action to minimize duplica- tion. (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 Sec- retary of the Treasury under section 5108(g)(2)(C) of this title. Without further appro- priation, amounts in the account are available— (1) to make grants under this section and section 5107(e); (2) to monitor and provide technical assist- ance under subsection (e) of this section; (3) to publish and distribute an emergency response guide; and (4) to pay administrative costs of carrying out this section and sections 5107(e) and 5108(g)(2) of this title, except that not more than 2 percent of the amounts made available from the account in a fiscal year may be used to pay those costs. (i) SUPPLEMENTAL TRAINING GRANTS.— (1) In order to further the purposes of sub- section (a), the Secretary shall, subject to the availability of funds and through a competi- tive process, make a grant or make grants to national nonprofit fire service organizations for the purpose of training instructors to con- duct hazardous materials response training programs for individuals with statutory re- sponsibility to respond to hazardous materials accidents and incidents. (2) For the purposes of this subsection the Secretary, after consultation with interested organizations, shall— (A) identify regions or locations in which fire departments or other organizations which provide emergency response to haz- ardous materials transportation accidents and incidents are in need of hazardous mate- rials training; and (B) prioritize such needs and develop a means for identifying additional specific training needs. (3) Funds granted to an organization under this subsection shall only be used— (A) to provide training, including portable training, for instructors to conduct haz- ardous materials response training pro- grams; (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. (4) The Secretary may only make a grant to an organization under this subsection in a fis- cal year if the organization enters into an agreement with the Secretary to provide training, including portable training, for in- structors to conduct hazardous materials re- sponse training programs in such fiscal year that will use— (A) a course or courses developed or identi- fied under section 5115 of this title; or (B) other courses which the Secretary de- termines are consistent with the objectives of this subsection; for training individuals with statutory respon- sibility to respond to accidents and incidents involving hazardous materials. Such agree- ment also shall provide that training courses shall comply with Federal regulations and na- tional consensus standards for hazardous ma- terials response and be open to all such indi- viduals on a nondiscriminatory basis. (5) The Secretary may not award a grant to an organization under this subsection unless the organization ensures that emergency re- sponders who receive training under the grant will have the ability to protect nearby per- sons, property, and the environment from the effects of accidents or incidents involving the transportation of hazardous material in ac- cordance with existing regulations or National Fire Protection Association standards for competence of responders to accidents and in- cidents involving hazardous materials. (6) Notwithstanding paragraphs (1) and (3), to the extent determined appropriate by the Secretary, a grant awarded by the Secretary to an organization under this subsection to conduct hazardous material response training programs may be used to train individuals with responsibility to respond to accidents and incidents involving hazardous material. (7) For the purposes of this subsection, the term ‘‘portable training’’ means live, instruc- tor-led training provided by certified fire serv- ice instructors that can be offered in any suit- able setting, rather than specific designated facilities. Under this training delivery model, instructors travel to locations convenient to students and utilize local facilities and re- sources. (8) The Secretary may impose such addi- tional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the inter- ests of the United States and to carry out the objectives of this subsection. (j) ALERT GRANT PROGRAM.— (1) ASSISTANCE FOR LOCAL EMERGENCY RE- SPONSE TRAINING.—The Secretary shall estab- lish a grant program to make grants to eligi- ble entities described in paragraph (2)— (A) to develop a hazardous materials re- sponse training curriculum for emergency responders, including response activities for the transportation of crude oil, ethanol, and other flammable liquids by rail, consistent with the standards of the National Fire Pro- tection Association; and Page 216 TITLE 49—TRANSPORTATION § 5116 (B) to make the training described in sub- paragraph (A) available in an electronic for- mat. (2) ELIGIBLE ENTITIES.—An eligible entity re- ferred to in paragraph (1) is a nonprofit orga- nization that— (A) represents first responders or public of- ficials responsible for coordinating disaster response; and (B) is able to provide direct or web-based training to individuals responsible for re- sponding to accidents and incidents involv- ing hazardous materials. (3) FUNDING.— (A) IN GENERAL.—To carry out the grant program under paragraph (1), the Secretary may use, for each fiscal year, any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year. (B) OTHER HAZARDOUS MATERIAL TRAINING ACTIVITIES.—For each fiscal year, after pro- viding grants under paragraph (1), if funds remain available, the Secretary may use the amounts described in subparagraph (A)— (i) to make grants under— (I) subsection (a)(1)(C); (II) subsection (i); and (III) section 5107(e); (ii) to conduct monitoring and provide technical assistance under subsection (e); (iii) to publish and distribute the emer- gency response guide referred to in sub- section (h)(3); and (iv) to pay administrative costs in ac- cordance with subsection (h)(4). (C) OBLIGATION LIMITATION.—Notwith- standing any other provision of law, for each fiscal year, amounts described in subpara- graph (A) shall not be included in the obliga- tion limitation for the Hazardous Materials Emergency Preparedness grant program for that fiscal year. (k) REPORTS.—The Secretary shall submit an annual report to the Committee on Transpor- tation and Infrastructure of the House of Rep- resentatives and the Committee on Commerce, Science, and Transportation of the Senate and make available the report to the public. The re- port submitted under this subsection shall in- clude information on the allocation and uses of the planning and training grants under sub- section (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 re- cipients of such grants and include— (1) a detailed accounting and description of each grant expenditure by each grant recipi- ent, including the amount of, and purpose for, each expenditure; (2) the number of persons trained under the grant program, by training level; (3) an evaluation of the efficacy of such plan- ning and training programs; and (4) any recommendations the Secretary may have for improving such grant programs. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 773; Pub. L. 103–311, title I, §§ 105, 119(a), (d)(2), (3), Aug. 26, 1994, 108 Stat. 1673, 1679, 1680; Pub. L. 103–429, § 7(c), Oct. 31, 1994, 108 Stat. 4389; Pub. L. 104–287, §§ 5(8), 6(b), Oct. 11, 1996, 110 Stat. 3389, 3398; Pub. L. 109–59, title VII, §§ 7114(a)–(d)(2), (e), 7126, Aug. 10, 2005, 119 Stat. 1900, 1909; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 112–141, div. C, title III, § 33004(b), July 6, 2012, 126 Stat. 832; Pub. L. 114–94, div. A, title VII, § 7203(a), (b)(2), Dec. 4, 2015, 129 Stat. 1589, 1591; Pub. L. 117–58, div. B, title VI, § 26002, Nov. 15, 2021, 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 unneces- sary words. In subsection (a)(2)(B), the words ‘‘by the State emer- gency 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 inci- dents involving the transportation of hazardous mate- rials’’ are omitted as surplus. In subsection (d), the word ‘‘section’’ is substituted for ‘‘subsection’’ for clarity because there are no objec- tives in the subsection being restated. In subsection (e), the words ‘‘A grant under this sec- tion is for’’ are substituted for ‘‘By a grant under this section, the Secretary shall reimburse any State or In- dian tribe an amount not to exceed’’ to eliminate un- necessary 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 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, Oct. 17, 1986, 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. AMENDMENTS 2021—Subsec. (j). Pub. L. 117–58, § 26002(3), added sub- sec. (j). Former subsec. (j) redesignated (k). Page 217 TITLE 49—TRANSPORTATION § 5116 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 re- lated to planning grants. Subsecs. (b), (c). Pub. L. 114–94, § 7203(a)(1), (2), redes- ignated 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), redes- ignated 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), redesig- nated 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), sub- stituted ‘‘subsection (e)’’ for ‘‘subsection (f)’’. Subsec. (h)(4). Pub. L. 114–94, § 7203(b)(2)(B)(iii), sub- stituted ‘‘5107(e) and 5108(g)(2)’’ for ‘‘5108(g)(2) and 5115’’. Subsec. (i). Pub. L. 114–94, § 7203(a)(1), (b)(2)(C), redes- ignated 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 sub- section (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), in- serted 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 ef- fects of accidents or incidents involving the transpor- tation of hazardous material in accordance with exist- ing 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), sub- stituted ‘‘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), sub- stituted ‘‘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 mate- rials 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, sub- stituted ‘‘. 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 eval- uation of the efficacy of training programs carried out.’’, and added pars. (A) to (D). 2005—Subsec. (a)(1), (2). Pub. L. 109–59, § 7126, sub- stituted ‘‘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 ‘‘Sec- retary’’ for ‘‘Secretary of Transportation’’. Subsec. (b)(2). Pub. L. 109–59, § 7126, substituted ‘‘Sec- retary’’ for ‘‘Secretary of Transportation’’ in introduc- tory 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 in- troductory 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 sub- sec. (c) and ‘‘Secretary.’’ for ‘‘Secretary of Transpor- tation.’’ in subsec. (d). Subsec. (f). Pub. L. 109–59, § 7114(b), substituted ‘‘Na- tional Response Team’’ for ‘‘national response team’’. Subsec. (g). Pub. L. 109–59, § 7126, substituted ‘‘Sec- retary’’ for ‘‘Secretary of Transportation’’ in introduc- tory provisions. Pub. L. 109–59, § 7114(c), substituted ‘‘Federal financial assistance’’ for ‘‘Government grant programs’’ in intro- ductory provisions. Subsec. (i). Pub. L. 109–59, § 7114(d)(1), (2), in introduc- tory provisions, inserted ‘‘(to be known as the ‘Haz- ardous 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 Rep- resentatives 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 September 30, 1997, 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 au- thorized under subsection (j) and section 5107 for fiscal years 1995 and 1996’’ and ‘‘The report’’ for ‘‘Such re- port’’. 1996—Subsec. (a)(2). Pub. L. 104–287, § 6(b), made tech- nical 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 intro- ductory 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 In- dian 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. Page 218 TITLE 49—TRANSPORTATION § 5117 1 See References in Text note below. Subsec. (a)(2)(A). Pub. L. 103–311, § 105(b)(1), (3), in- serted ‘‘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 sub- secs. (j) and (k). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’, ‘‘Administrators, and Director’’, and ‘‘Administrator of the Federal Emergency Management Agency, Director of the National Institute of Environ- mental Health Sciences’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’, ‘‘Ad- ministrator, and Directors’’, and ‘‘Directors of the Fed- eral Emergency Management Agency and National In- stitute of Environmental Health Sciences’’, respec- tively, 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 Agen- cy until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–287, § 6(b), Oct. 11, 1996, 110 Stat. 3398, pro- vided that the amendment made by section 6(b) is effec- tive Aug. 26, 1994. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–429, § 7(c), Oct. 31, 1994, 108 Stat. 4389, pro- vided that the amendment made by section 7(c) is effec- tive Aug. 26, 1994. SAVINGS CLAUSE Pub. L. 114–94, div. A, title VII, § 7203(c), Dec. 4, 2015, 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 Trans- portation] from recovering and deobligating funds from grants that are not managed or expended in compliance with a grant agreement.’’ § 5117. Special permits and exclusions (a) AUTHORITY TO ISSUE SPECIAL PERMITS.—(1) As provided under procedures prescribed by reg- ulation, the Secretary may issue, modify, or ter- minate a special permit authorizing a variance from this chapter or a regulation prescribed under section 5103(b), 5104, 5110, or 5112 of this title to a person performing a function regulated by the Secretary under section 5103(b)(1) in a way that achieves a safety level— (A) at least equal to the safety level required under this chapter; or (B) consistent with the public interest and this chapter, if a required safety level does not exist. (2) A special permit issued under this section shall be effective for an initial period of not more than 2 years and may be renewed by the Secretary upon application for successive peri- ods of not more than 4 years each or, in the case of a special permit relating to section 5112, for an additional period of not more than 2 years. (b) APPLICATIONS.—When applying for a special permit or renewal of a special permit under this section, the person must provide a safety anal- ysis prescribed by the Secretary that justifies the special permit. The Secretary shall publish in the Federal Register notice that an applica- tion for a new special permit or a modification to an existing special permit has been filed and shall give the public an opportunity to inspect the safety analysis and comment on the applica- tion. The Secretary shall make available to the public on the Department of Transportation’s Internet Web site any special permit other than a new special permit or a modification to an ex- isting special permit and shall give the public an opportunity to inspect the safety analysis and comment on the application for a period of not more than 15 days. This subsection does not re- quire the release of information protected by law from public disclosure. (c) APPLICATIONS TO BE DEALT WITH PROMPT- LY.—The Secretary shall issue or renew a special permit or approval for which an application was filed or deny such issuance or renewal within 120 days after the first day of the month following the date of the filing of such application, or the Secretary shall make available to the public a statement of the reason why the Secretary’s de- cision on a special permit or approval is delayed, along with an estimate of the additional time necessary before the decision is made. (d) EXCLUSIONS.—(1) The Secretary shall ex- clude, in any part, from this chapter and regula- tions prescribed under this chapter— (A) a public vessel (as defined in section 2101 of title 46); (B) a vessel exempted under section 3702 of title 46 from chapter 37 of title 46; and (C) a vessel to the extent it is regulated under the Ports and Waterways Safety Act of 1972 1 (33 U.S.C. 1221 et seq.). (2) This chapter and regulations prescribed under this chapter do not prohibit— (A) or regulate transportation of a firearm (as defined in section 232 of title 18), or ammu- nition for a firearm, by an individual for per- sonal use; or (B) transportation of a firearm or ammuni- tion in commerce. (e) LIMITATION ON AUTHORITY.—Unless the Sec- retary decides that an emergency exists, a spe- cial permit or renewal granted under this sec- tion is the only way a person subject to this chapter may be granted a variance from this chapter. (f) INCORPORATION INTO REGULATIONS.—