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49 U.S.C. § 5128 — Authorization of appropriations

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5128 — Authorization of appropriations

**(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) $67,000,000 for fiscal year 2022; (2) $68,000,000 for fiscal year 2023; (3) $69,000,000 for fiscal year 2024; (4) $70,000,000 for fiscal year 2025; and (5) $71,000,000 for fiscal year 2026. **(b) Hazardous Materials Emergency Preparedness Fund.—** From the Hazardous Materials Preparedness Fund established under section 5116(h), the Secretary may expend, for each of fiscal years 2022 through 2026— (1) $39,050,000 to carry out section 5116(a); (2) $150,000 to carry out section 5116(e); (3) $625,000 to publish and distribute the Emergency Response Guidebook under section 5116(h)(3); and (4) $2,000,000 to carry out section 5116(i). **(c) Hazardous Materials Training Grants.—** From the Hazardous Materials Emergency Preparedness Fund established pursuant to section 5116(h), the Secretary may expend $5,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(e). **(d) Community Safety Grants.—** Of the amounts made available under subsection (a) to carry out this chapter, the Secretary shall withhold $4,000,000 for each of fiscal years 2022 through 2026 to carry out section 5107(i). **(e) 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, Indian tribe, authority or entity. (2) **Availability of amounts.—** — Amounts made available under this section shall remain available until expended.

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Source location: Title 49, Chapter 51, § 5128; chapter-051-transportation-of-hazardous-material.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5127 — Judicial review

**(a) Filing and Venue.—** Except as provided in section 20114(c), a person adversely affected or aggrieved by a final action of the Secretary under this chapter may petition for review of the final action in the United States Court of Appeals for the District of Columbia or in the court of appeals for the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not more than 60 days after the Secretary’s action becomes final. **(b) Judicial Procedures.—** When a petition is filed under subsection (a), the clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary shall file with the court a record of any proceeding in which the final action was issued, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). **(c) Authority of Court.—** The court has exclusive jurisdiction, as provided in subchapter II of chapter 5 of title 5, to affirm or set aside any part of the Secretary’s final action and may order the Secretary to conduct further proceedings. **(d) Requirement for Prior Objection.—** In reviewing a final action under this section, the court may consider an objection to a final action of the Secretary only if the objection was made in the course of a proceeding or review conducted by the Secretary or if there was a reasonable ground for not making the objection in the proceeding.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 101 — Definitions and declaration of policy

**(a) Definitions.—** In this title, the following definitions apply: (1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws. (2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost. (3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided. (4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 5128 — Authorization of appropriations

Page 231 TITLE 49—TRANSPORTATION § 5128 (2) any matter that is subject to the postal laws and regulations of the United States under this chapter or title 18 or 39. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 783; Pub. L. 103–311, title I, § 117(a)(2), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 109–59, title VII, § 7124, Aug. 10, 2005, 119 Stat. 1908; Pub. L. 110–244, title III, § 302(d), June 6, 2008, 122 Stat. 1618.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5126(a) ........ 49 App.:1818. Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 120; added Nov. 16, 1990, Pub. L. 101–615, § 20, 104 Stat. 3270. 5126(b) ........ 49 App.:1811(f). Jan. 3, 1975, Pub. L. 93–633, § 112(f), 88 Stat. 2161; Nov. 30, 1979, Pub. L. 96–129, § 216(a), 93 Stat. 1015; re- stated Nov. 16, 1990, Pub. L. 101–615, § 13, 104 Stat. 3260. In subsection (a), the word ‘‘manufactures’’ is sub- stituted for ‘‘manufacturers’’ to correct an error in the source provisions. The words ‘‘of the executive, legisla- tive, or judicial branch’’, ‘‘be subject to and’’, ‘‘sub- stantive and procedural’’, and ‘‘this chapter or any other’’ are omitted as surplus. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–244 amended Pub. L. 109–59. See 2005 Amendment note below. 2005—Subsec. (a). Pub. L. 109–59, § 7124(4), substituted ‘‘designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing’’ for ‘‘manufacturing, fabricating, marking, maintenance, reconditioning, repairing, or testing’’. Pub. L. 109–59, § 7124(3), as amended by Pub. L. 110–244, substituted ‘‘shall comply with this chapter’’ for ‘‘must comply with this chapter’’. Pub. L. 109–59, § 7124(1), (2), substituted ‘‘transp

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