49 USC § 5128 - Authorization of appropriations | Title 49 - Transportation | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) In General.— There are authorized to be appropriated to the Secretary to carry out this chapter (except sections 5107 (e), 5108 (g)(2), 5113, 5115, 5116, and 5119)—

(1) $42,338,000 for fiscal year 2013; and

(2) $42,762,000 for fiscal year 2014.

(b) Hazardous Materials Emergency Preparedness Fund.— From the Hazardous Materials Emergency Preparedness Fund established under section 5116 (i), the Secretary may expend, during each of fiscal years 2013 and 2014—

(1) $188,000 to carry out section 5115;

(2) $21,800,000 to carry out subsections (a) and (b) ofsection 5116, of which not less than $13,650,000 shall be available to carry out section 5116 (b);

(3) $150,000 to carry out section 5116 (f);

(4) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116 (i)(3); and

(5) $1,000,000 to carry out section 5116 (j).

(c) Hazardous Materials Training Grants.— From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116 (i), the Secretary may expend $4,000,000 for each of the fiscal years 2013 and 2014 to carry out section 5107 (e).

(d) Credits to Appropriations.—

(1) Expenses.— In addition to amounts otherwise made available to carry out this chapter, the Secretary may credit amounts received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, authority, or entity.

(2) Availability of amounts.— Amounts made available under this section shall remain available until expended.

prev | next

(a) In General.— In order to carry out this chapter (except sections 5107 (e), 5108 (g)(2), 5113, 5115, 5116, and 5119), the following amounts are authorized to be appropriated to the Secretary:

(1) For fiscal year 2005, $24,940,000.

(2) For fiscal year 2006, $29,000,000.

(3) For fiscal year 2007, $30,000,000.

(4) For fiscal year 2008, $30,000,000.

(b) Hazardous Materials Emergency Preparedness Fund.— There shall be available to the Secretary, from the account established pursuant to section 5116 (i), for each of fiscal years 2005 through 2008 the following:

(1) To carry out section 5115, $200,000.

(2) To carry out sections 5116 (a) and (b), $21,800,000 to be allocated as follows:

(A) $5,000,000 to carry out section 5116 (a).

(B) $7,800,000 to carry out section 5116 (b).

(C) Of the amount provided for by this paragraph for a fiscal year in excess of the suballocations in subparagraphs (A) and (B)—

(i) 35 percent shall be used to carry out section 5116 (a); and

(ii) 65 percent shall be used to carry out section 5116 (b),

except that the Secretary may increase the proportion to carry out section 5116 (b) and decrease the proportion to carry out section 5116 (a) if the Secretary determines that such reallocation is appropriate to carry out the intended uses of these funds as described in the applications submitted by States and Indian tribes.

(3) To carry out section 5116 (f), $150,000.

(4) To publish and distribute the Emergency Response Guidebook under section 5116 (i)(3), $625,000.

(5) To carry out section 5116 (j), $1,000,000.

(c) Hazmat Training Grants.— There shall be available to the Secretary, from the account established pursuant to section 5116 (i), to carry out section 5107 (e) $4,000,000 for each of fiscal years 2005 through 2008.

(d) Issuance of Hazmat Licenses.— There are authorized to be appropriated for the Department of Transportation such amounts as may be necessary to carry out section 5103a.

(e) Credits to Appropriations.— The Secretary may credit to any appropriation to carry out this chapter an amount received from a State, Indian tribe, or other public authority or private entity for expenses the Secretary incurs in providing training to the State, authority, or entity.

(f) Availability of Amounts.— Amounts made available by or under this section remain available until expended.

Source

(Pub. L. 103–272, § 1(d),July 5, 1994, 108 Stat. 783, § 5127; Pub. L. 103–311, title I, §§ 103, 119(b), (c)(4),Aug. 26, 1994, 108 Stat. 1673, 1680; renumbered § 5128 and amended Pub. L. 109–59, title VII, §§ 7123(b), 7125,Aug. 10, 2005, 119 Stat. 1907, 1908; Pub. L. 110–244, title III, § 302(f),June 6, 2008, 122 Stat. 1618.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5127(a)	49 App.:1812(a).	Jan. 3, 1975, Pub. L. 93–633, § 115, 88 Stat. 2164; July 19, 1975, Pub. L. 94–56, § 4, 89 Stat. 264; Oct. 11, 1976, Pub. L. 94–474, § 3, 90 Stat. 2068; Sept. 30, 1978, Pub. L. 95–403, 92 Stat. 863; Oct. 30, 1984, Pub. L. 98–559, § 2, 98 Stat. 2907; restated Nov. 16, 1990, Pub. L. 101–615, § 14, 104 Stat. 3260; Oct. 24, 1992, Pub. L. 102–508, § 504, 106 Stat. 3311.
5127(b)	49 App.:1816(d).	Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 118(d); added Nov. 16, 1990, Pub. L. 101–615, § 18, 104 Stat. 3269; Oct. 24, 1992, Pub. L. 102–508, § 506, 106 Stat. 3312.
5127(c)	49 App.:1815(i)(3).	Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117A(i); added Nov. 16, 1990, Pub. L. 101–615, § 17, 104 Stat. 3268.
5127(d)	49 App.:1815(i)(1), (2), (4).
5127(e)	49 App.:1819(h) (1st sentence).	Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 121(h); added Nov. 16, 1990, Pub. L. 101–615, § 22, 104 Stat. 3272.
5127(f)	49 App.:1812(b).
5127(g)	49 App.:1815(i)(5).
	49 App.:1819(h) (last sentence).

In the section, references to fiscal years 1991 and 1992 are omitted as obsolete.

In subsections (b), (c)(1), and (d), the words “amounts in” are omitted as surplus.

In subsection (c), the text of 49 App.:1815(i)(3)(A) is omitted as obsolete.

In subsection (c)(2), the words “relating to dissemination of the curriculum” are omitted as surplus.

Amendments

2008—Pub. L. 110–244substituted “Authorization” for “Authorizations” in section catchline.

2005—Pub. L. 109–59, § 7125, substituted “Authorizations” for “Authorization” in section catchline and amended text generally, substituting provisions relating to authorization of appropriations for fiscal years 2005 to 2008, consisting of subsecs. (a) to (f), for provisions relating to authorization of appropriations for fiscal years 1993 to 1998, consisting of subsecs. (a) to (g).

Pub. L. 109–59, § 7123(b), renumbered section 5127 of this title as this section.

1994—Subsec. (a). Pub. L. 103–311, § 103, substituted “fiscal year 1993, $18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 1995, $19,100,000 for fiscal year 1996, and $19,670,000 for fiscal year 1997” for “the fiscal year ending September 30, 1993,”.

Subsec. (b). Pub. L. 103–311, § 119(c)(4), amended subsec. (b)(1) generally. Prior to amendment, subsec. (b)(1) read as follows:

“(b) Hazmat Employee Training.—(1) Not more than $250,000 is available to the Director of the National Institute of Environmental Health Sciences from the account established under section 5116 (i) of this title for each of the fiscal years ending September 30, 1993–1998, to carry out section 5107 (e) of this title.”

Pub. L. 103–311, § 119(b), designated existing provisions as par. (1) and added par. (2).

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

top

General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

49 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 5128	gen amd	2012	112-141 [Sec.] 33017	126 Stat. 841

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

14 CFR - Title 14—Aeronautics and Space

14 CFR Part 13 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

49 CFR - Title 49—Transportation

49 CFR Part 105 - HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES

49 CFR Part 106 - RULEMAKING PROCEDURES

49 CFR Part 107 - HAZARDOUS MATERIALS PROGRAM PROCEDURES

49 CFR Part 110 - HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING GRANTS

49 CFR Part 171 - GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

49 CFR Part 172 - HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS

49 CFR Part 173 - SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS

49 CFR Part 174 - CARRIAGE BY RAIL

49 CFR Part 175 - CARRIAGE BY AIRCRAFT

49 CFR Part 176 - CARRIAGE BY VESSEL

49 CFR Part 178 - SPECIFICATIONS FOR PACKAGINGS

49 CFR Part 179 - SPECIFICATIONS FOR TANK CARS

49 CFR Part 180 - CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

49 CFR Part 386 - RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS

49 USC § 5128 - Authorization of appropriations

U.S. Code Toolbox

Law about... Articles from Wex

Get Involved

Find a Lawyer