Page:United States Statutes at Large Volume 119.djvu/1926

 119 STAT. 1908

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PUBLIC LAW 109–59—AUG. 10, 2005

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. ‘‘(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.’’. (c) CONFORMING AMENDMENT.—The analysis for chapter 51 is amended by striking the item relating to section 5127 and inserting the following: ‘‘5127. Judicial review. ‘‘5128. Authorization of appropriations.’’. SEC. 7124. RELATIONSHIP TO OTHER LAWS.

Section 5126(a) is amended— (1) by striking ‘‘or causes to be transported hazardous material,’’ and inserting ‘‘hazardous material, or causes hazardous material to be transported,’’; (2) by striking ‘‘manufactures,’’ and all that follows through ‘‘or sells’’ and inserting ‘‘designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented’’; (3) by striking ‘‘must’’ and inserting ‘‘shall’’; and (4) by striking ‘‘manufacturing,’’ and all that follows through ‘‘testing’’ and inserting ‘‘designing, manufacturing, fabricating, inspecting, marking, maintaining, reconditioning, repairing, or testing’’. SEC. 7125. AUTHORIZATION OF APPROPRIATIONS.

Section 5128 (as redesignated by section 7123(b) of this Act) is amended to read as follows: ‘‘§ 5128. Authorizations of appropriations ‘‘(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:

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