§829. Authorization of appropriations; purchases; transfer of funds; restrictions

(a) There is authorized to be appropriated to the Secretary of the Treasury for the purposes of the Fund not to exceed $1,400,000,000 and the Secretary of the Treasury is authorized and directed to purchase, from time to time, prior to September 30, 1985, from the Secretary, out of such moneys in the Treasury as are appropriated under this sentence, Fund anticipation notes in such aggregate principal amounts, subject to the foregoing limitation, as the Secretary may so offer for sale. No money in the Fund, regardless of source, shall be obligated, expended, or otherwise committed to any purpose from the Fund prior to or after September 30, 1985, without prior approval thereof in an annual appropriations Act. The Fund shall not qualify as one of the exceptions provided in section 651(d) of title 2.

(b)(1) Repealed. Pub. L. 99–509, title IV, §4033(c)(4), Oct. 21, 1986, 100 Stat. 1909 .

(2) Not more than 5 percent of the funds received by the Secretary of Transportation from amounts appropriated under subsection (a) of this section (excluding funds transferred under paragraph (1) of this subsection) shall be available for the purchase or rehabilitation of railroad lines acquired under section 10910 of title 49, except that no such funds shall be available for the purchase or rehabilitation of such a railroad line unless such purchase or rehabilitation is consistent with the rail plan (as defined under chapter 221 of title 49) of the State in which such line is located.

(3) Of the funds authorized to be appropriated under this section (other than funds described in paragraphs (1) and (2) of this subsection) not more than $180,000,000 are authorized to be appropriated in fiscal year 1981, and not more than $55,000,000 are authorized to be appropriated for fiscal years 1983, 1984 and 1985.

(4) $40,000,000 of the funds received by the Secretary of the Treasury from amounts appropriated under subsection (a) of this section shall be reserved and made available for meritorious applications regarding that restructuring of rail freight facilities and systems specified in section 825(b)(2)(ii) of this title.

(5) $15,000,000 of the funds appropriated under subsection (a) of this section shall be available for the purchase, or for the refinancing of the purchase, of the rail line of the Chicago, Rock Island and Pacific Railroad Company between Fort Worth and Dallas, Texas, or of interests in such rail line, by a State or one or more political subdivisions thereof. To the extent that funds are made available for such purposes through appropriations for any Administration of the Department of Transportation, other than the Federal Railroad Administration, the amount of funds authorized under this section shall be reduced accordingly.

( Pub. L. 94–210, title V, §509, Feb. 5, 1976, 90 Stat. 76 ; Pub. L. 94–555, title II, §216(d), Oct. 19, 1976, 90 Stat. 2627 ; Pub. L. 95–607, title III, §301(c), Nov. 8, 1978, 92 Stat. 3066 ; Pub. L. 96–73, title IV, §401, Sept. 29, 1979, 93 Stat. 557 ; Pub. L. 96–448, title IV, §§404, 405(a)(2), (b)(1), Oct. 14, 1980, 94 Stat. 1945 ; Pub. L. 97–35, title XI, §1162(e), (f), Aug. 13, 1981, 95 Stat. 684 , 685; Pub. L. 97–468, title IV, §§401, 403(a), Jan. 14, 1983, 96 Stat. 2550 , 2551; Pub. L. 99–509, title IV, §4033(c)(4), Oct. 21, 1986, 100 Stat. 1909 .)

Codification

In subsec. (a), "section 651(d) of title 2" substituted for "section 401(d) of the Congressional Budget and Impoundment Control Act of 1974 (31 U.S.C. 1351(d))" to reflect the transfer of section 1351 of former Title 31, Money and Finance, to section 651 of Title 2, The Congress.

Section 405(c)(3) of Pub. L. 96–448 purported to amend subsec. (a) of this section by inserting "employee or employer-shipper group" after "railroad", "employee or employee-shipper groups" after "railroads", and "employee or employee-shipper group's" after "railroad's" wherever appearing. However, since the words "railroad", "railroads" or "railroad's" do not appear in the text of subsec. (a), this amendment could not be executed.

In subsec. (b)(2), "chapter 221 of title 49" substituted for "section 5 of the Department of Transportation Act" on authority of Pub. L. 103–272, §6(b), July 5, 1994, 108 Stat. 1378 , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Section 405(c)(3) of Pub. L. 96–448 could be read as inserting "employee or employer-shipper group" after "railroad" in subsec. (b)(2), which was added by section 405(b) of Pub. L. 96–448. However, this language is not appropriate in the context of the new subsec. (b)(2).

Amendments

1986-Subsec. (b)(1). Pub. L. 99–509 struck out par. (1) which read as follows: "Not more than $200,000,000 of the funds received by the Secretary of Transportation from amounts appropriated under subsection (a) of this section shall be transferred by the Secretary to the United States Railway Association for use by the Association in accordance with section 726(b)(3) of this title. Such funds shall be transferred immediately upon the finding by the Finance Committee under section 726(b)(3) of this title."

1983-Subsec. (a). Pub. L. 97–468, §401, substituted "1985" for "1982" wherever appearing.

Subsec. (b)(2). Pub. L. 97–468, §403(a)(1), substituted "Not more than" for "Not less than".

Subsec. (b)(3) to (5). Pub. L. 97–468, §403(a)(2)–(5), struck out par. (3) which provided that not more than 50 percent of the funds received by the Secretary from amounts appropriated under subsec. (a) be reserved to provide rehabilitation and improvement assistance for facilities transferred from the Corporation after Aug. 13, 1981, redesignated par. (4) as (3) and substituted "and (2)" for ", (2) and (3)" and inserted provision that not more than $55,000,000 are authorized to be appropriated for fiscal years 1983, 1984, and 1985, and added pars. (4) and (5).

1981-Subsec. (b). Pub. L. 97–35 added par. (3), redesignated former par. (3) as (4) and inserted reference to par. (3).

1980-Pub. L. 96–448 designated existing provision as subsec. (a), substituted "$1,400,000,000" for "$600,000,000" and "1982" for "1980" in two places, and added subsec. (b).

1979-Pub. L. 96–73 substituted "1980" for "1979" in two places.

1978-Pub. L. 95–607 substituted "September 30, 1979" for "March 31, 1979" after "time, prior to" and "prior to or after".

1976-Pub. L. 94–555 substituted "March 31, 1979" for "September 30, 1978" after "time, prior to" and "prior to or after".

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective Aug. 13, 1981, see section 1169 of Pub. L. 97–35, set out as an Effective Date note under section 1101 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of Title 49, Transportation.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–73 effective Oct. 1, 1979, see section 501(a) of Pub. L. 96–73.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–555 effective Oct. 1, 1976, see section 303 of Pub. L. 94–555, set out as a note under section 702 of this title.

Section Referred to in Other Sections

This section is referred to in sections 726, 825 of this title.