49 U.S.C. § 24104 : Transportation — Rail Programs — General — Passenger Transportation — Authorization Of Appropriations

(a) In General.—

There are authorized to be appropriated to the Secretary of Transportation—

(1) $1,138,000,000 for fiscal year 1998;

(2) $1,058,000,000 for fiscal year 1999;

(3) $1,023,000,000 for fiscal year 2000;

(4) $989,000,000 for fiscal year 2001; and

(5) $955,000,000 for fiscal year 2002,

for the benefit of Amtrak for capital expenditures under chapters 243, 247, and 249 of this title, operating expenses, and payments described in subsection (c)(1)(A) through (C). In fiscal years following the fifth anniversary of the enactment of the Amtrak Reform and Accountability Act of 1997 no funds authorized for Amtrak shall be used for operating expenses other than those prescribed for tax liabilities under section 3221 of the Internal Revenue Code of 1986 that are more than the amount needed for benefits of individuals who retire from Amtrak and for their beneficiaries.

(b) Operating Expenses.—

(1) Not more than $381,000,000 may be appropriated to the Secretary for each of the fiscal years ending September 30, 1993, and September 30, 1994, for the benefit of Amtrak for operating expenses. Not more than 5 percent of the amounts appropriated for each fiscal year shall be used to pay operating expenses under section 24704  of this title for transportation in operation on September 30, 1992.

 See References in Text note below.

(2)

(A)

Not more than the following amounts may be appropriated to the Secretary for the benefit of Amtrak for operating losses under section 24704  ¹ of this title for transportation beginning after September 30, 1992:

(i) $7,500,000 for the fiscal year ending September 30, 1993.

(ii) $9,500,000 for the fiscal year ending September 30, 1994.

(B) The expenditure by Amtrak of an amount appropriated under subparagraph (A) of this paragraph is deemed not to be an operating expense when calculating the revenue-to-operating expense ratio of Amtrak.

(c) Mandatory Payments.—

(1)

Not more than $150,000,000 for the fiscal year ending September 30, 1993, and amounts that may be necessary for the fiscal year ending September 30, 1994, may be appropriated to the Secretary to pay—

(A) tax liabilities under section 3221 of the Internal Revenue Code of 1986 ( 26 U.S.C. 3221) due in those fiscal years that are more than the amount needed for benefits for individuals who retire from Amtrak and for their beneficiaries;

(B) obligations of Amtrak under section 8(a) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 358(a)) due in those fiscal years that are more than obligations of Amtrak calculated on an experience-related basis; and

(2) Amounts appropriated under this subsection are not a United States Government subsidy of Amtrak.

(d) Payment to Amtrak.—

Amounts appropriated under this section shall be paid to Amtrak under the budget request of the Secretary as approved or modified by Congress when the amounts are appropriated. A payment may not be made more frequently than once every 90 days, unless Amtrak, for good cause, requests more frequent payment before a 90-day period ends. In each fiscal year in which amounts are authorized to be appropriated under this section, amounts appropriated shall be paid to Amtrak as follows:

(1) 50 percent on October 1.

(2) 25 percent on January 1.

(3) 25 percent on April 1.

(e) Availability of Amounts and Early Appropriations.—

(1) Amounts appropriated under this section remain available until expended.

(2) Amounts for capital acquisitions and improvements may be appropriated in a fiscal year before the fiscal year in which the amounts will be obligated.

(f) Limitations on Use.— Amounts appropriated under this section may not be used to subsidize operating losses of commuter rail passenger or rail freight transportation.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 902; Pub. L. 105–134, title III, § 301(a), Dec. 2, 1997, 111 Stat. 2585.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
24104(a)	45:601(a).	Oct. 30, 1970, , ; June 22, 1972, , ; Nov. 3, 1973, , ; Oct. 28, 1974, , ; May 26, 1975, , ; Oct. 19, 1976, , (b), ; Oct. 5, 1978, , §§ 2(a), (b)(1), 3, ; Sept. 29, 1979, , (b)(1), ; May 30, 1980, , §§ 208, 211, , 415; Aug. 13, 1981, , §§ 1138, 1139(a), 1185, , 697; Jan. 14, 1983, , ; Apr. 7, 1986, , ; July 6, 1990, , ; restated Oct. 27, 1992, , .
24104(b)	45:601(b).
24104(c)	45:601(c).
24104(d)	45:601(d) (3d, last sentences), (e).
24104(e)(1)	45:601(d) (2d sentence).
24104(e)(2)	45:601(d) (1st sentence).
24104(f)	45:854(b)(1) (related to 45:601).	Feb. 5, 1976, (related to § 601), ; Jan. 14, 1983, , .

In subsection (a)(2), before clause (A), the words “In addition to amounts that may be appropriated under section 24909 of this title” are added for clarity.

In subsection (a)(3)(B) and (C), the words “or States” are omitted because of 1:1. Before each clause (i), the words “Except as provided in clause (ii)” are omitted as surplus.

In subsection (d), before clause (1), the words “by the Secretary” and “for expenditure by it” are omitted as surplus.

In subsection (e)(2), the words “Funds appropriated pursuant to this section shall be made available to the Secretary during the fiscal year for which appropriated” are omitted as surplus.

References in Text

The enactment of the Amtrak Reform and Accountability Act of 1997, referred to in subsec. (a), probably means the date of enactment of Pub. L. 105–134, which was approved Dec. 2, 1997.

Section 3221 of the Internal Revenue Code of 1986, referred to in subsec. (a), is classified to section 3221 of Title 26, Internal Revenue Code.

Section 24704 of this title, referred to in subsec. (b), was repealed by Pub. L. 105–134, title I, § 105(a), Dec. 2, 1997, 111 Stat. 2573.

Amendments

1997—Subsec. (a). Pub. L. 105–134 amended heading and text of subsec. (a) generally. Prior to amendment, subsec. (a) related to capital acquisition and corridor development.

Limitation on Use of Tax Refund

Pub. L. 105–134, title II, § 209, Dec. 2, 1997, 111 Stat. 2584, provided that:

“(a) In General.—
Amtrak may not use any amount received under section 977 of the Taxpayer Relief Act of 1997 [ Pub. L. 105–34, 26 U.S.C. 172 note]—

“(1) for any purpose other than making payments to non-Amtrak States (pursuant to section 977(c) of that Act), or the financing of qualified expenses (as that term is defined in section 977(e)(1) of that Act); or

“(2) to offset other amounts used for any purpose other than the financing of such expenses.

“(b) Report by ARC.— The Amtrak Reform Council shall report quarterly to the Congress on the use of amounts received by Amtrak under section 977 of the Taxpayer Relief Act of 1997.”

Reform Board

Pub. L. 105–134, title IV, § 411(b), Dec. 2, 1997, 111 Stat. 2589, provided that:

“If the Reform Board has not assumed the responsibilities of the Board of Directors of Amtrak before July 1, 1998, all provisions authorizing appropriations under the amendments made by section 301(a) of this Act [amending this section] for a fiscal year after fiscal year 1998 shall cease to be effective. The preceding sentence shall have no effect on funds provided to Amtrak pursuant to section 977 of the Taxpayer Relief Act of 1997 [ Pub. L. 105–34, 26 U.S.C. 172 note].”