49 U.S.C. § 5128

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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.

49 U.S.C. § 5128

Pub. L. 103-272, §1(d), July 5, 1994, 108 Stat. 783, §5127; Pub. L. 103-311, title I, §§103, 119 (4), Aug. 26, 1994, 108 Stat. 1673, 1680; renumbered §5128 and amended Pub. L. 109-59, title VII, §§7123(b)7125,, 71257125,, 119 Stat. 1907, 1908; Pub. L. 110-244, title III, §302(f), June 6, 2008, 122 Stat. 1618; Pub. L. 112-141, div. C, title III, §330173017,, 126 Stat. 841; Pub. L. 113-159, title I, §13011301,, 128 Stat. 1847; Pub. L. 114-21, title I, §13011301,, 129 Stat. 225; Pub. L. 114-41, title I, §13011301,, 129 Stat. 453; Pub. L. 114-73, title I, §13011301,, 129 Stat. 575; Pub. L. 114-87, title I, §13011301,, 129 Stat. 684; Pub. L. 114-94, div. A, title VII, §71017101,, 129 Stat. 1588; Pub. L. 117-58, div. B, title VI, §260016001,, 135 Stat. 881.

HISTORICAL AND REVISION NOTE
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.

EDITORIAL NOTES

AMENDMENTS2021- Pub. L. 117-58 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2016 to 2020. 2015- Pub. L. 114-94 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2013 to 2015.Subsec. (a)(3). Pub. L. 114-41, §1301(a)(2), added par. (3) and struck out former par. (3) which read as follows: "$35,615,474 for the period beginning on October 1, 2014, and ending on July 31, 2015." Pub. L. 114-21, §1301(a), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "$28,468,948 for the period beginning on October 1, 2014, and ending on May 31, 2015." Subsec. (a)(4). Pub. L. 114-87, §1301(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "$5,958,639 for the period beginning on October 1, 2015, and ending on November 20, 2015." Pub. L. 114-73, §1301(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "$3,388,246 for the period beginning on October 1, 2015, and ending on October 29, 2015." Pub. L. 114-41, §1301(a), added par. (4).Subsec. (b)(1). Pub. L. 114-41, §1301(b)(1), substituted "FISCAL YEARS 2013 THROUGH 2015"for "FISCAL YEARS 2013 AND 2014" in heading and "fiscal years 2013 through 2015" for "fiscal years 2013 and 2014" in introductory provisions. Subsec. (b)(2). Pub. L. 114-87, §1301(b), amended par. (2) generally. Prior to amendment, text read as follows: "From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2015, and ending on November 20, 2015-"(A) $26,197 to carry out section 5115; "(B) $3,037,705 to carry out subsections (a) and (b) of section 5116, of which not less than $1,902,049 shall be available to carry out section 5116(b);"(C) $20,902 to carry out section 5116(f); "(D) $87,090 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and"(E) $139,344 to carry out section 5116(j)." Pub. L. 114-73, §1301(b), amended par. (2) generally. Prior to amendment, text read as follows: "From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2015, and ending on October 29, 2015-"(A) $14,896 to carry out section 5115;"(B) $1,727,322 to carry out subsections (a) and (b) of section 5116, of which not less than $1,081,557 shall be available to carry out section 5116(b);"(C) $11,885 to carry out section 5116(f);"(D) $49,522 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and "(E) $79,235 to carry out section 5116(j)." Pub. L. 114-41, §1301(b)(2), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2014, and ending on July 31, 2015-"(A) $156,581 to carry out section 5115; "(B) $18,156,712 to carry out subsections (a) and (b) of section 5116, of which not less than $11,368,767 shall be available to carry out section 5116(b);"(C) $124,932 to carry out section 5116(f);"(D) $520,548 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and "(E) $832,877 to carry out section 5116(j)." Pub. L. 114-21, §1301(b), amended par. (2) generally. Prior to amendment, text read as follows: "From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2014, and ending on May 31, 2015-"(A) $125,162 to carry out section 5115;"(B) $14,513,425 to carry out subsections (a) and (b) of section 5116, of which not less than $9,087,534 shall be available to carry out section 5116(b);"(C) $99,863 to carry out section 5116(f);"(D) $416,096 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and"(E) $665,753 to carry out section 5116(j)." Subsec. (c). Pub. L. 114-87, §1301(c), substituted "and $710,383 for the period beginning on October 1, 2015, and ending on December 4, 2015," for "and $557,377 for the period beginning on October 1, 2015, and ending on November 20, 2015,". Pub. L. 114-73, §1301(c), substituted "and $557,377 for the period beginning on October 1, 2015, and ending on November 20, 2015," for "and $316,940 for the period beginning on October 1, 2015, and ending on October 29, 2015,". Pub. L. 114-41, §1301(c), substituted "each of fiscal years 2013 through 2015 and $316,940 for the period beginning on October 1, 2015, and ending on October 29, 2015," for "each of the fiscal years 2013 and 2014 and $3,331,507 for the period beginning on October 1, 2014, and ending on July 31, 2015,". Pub. L. 114-21, §1301(c), substituted "and $3,331,507 for the period beginning on October 1, 2014, and ending on July 31, 2015," for "and $2,663,014 for the period beginning on October 1, 2014, and ending on May 31, 2015,". 2014-Subsec. (a)(3). Pub. L. 113-159, §1301(a), added par. (3).Subsec. (b). Pub. L. 113-159, §1301(b), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (5) as subpars. (A) to (E), respectively, of par. (1) and realigned margins, and added par. (2).Subsec. (c). Pub. L. 113-159, §1301(c), inserted "and $2,663,014 for the period beginning on October 1, 2014, and ending on May 31, 2015," after "2014". 2012- Pub. L. 112-141 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2005 to 2008.2008- Pub. L. 110-244 substituted "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).

STATUTORY NOTES AND RELATED SUBSIDIARIES

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 AMENDMENTAmendment by Pub. L. 112-141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112-141 set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.