§24104. Authorization of appropriations

(a) Capital Acquisition and Corridor Development.-(1) Not more than $250,000,000 may be appropriated to the Secretary of Transportation for each of the fiscal years ending September 30, 1993, and September 30, 1994, for the benefit of Amtrak to make capital expenditures under chapters 243–247 of this title.

(2) In addition to amounts that may be appropriated under section 24909 of this title, not more than the following amounts may be appropriated to the Secretary for the benefit of Amtrak to make capital expenditures under chapter 249 of this title:

(A) $220,000,000 for the fiscal year ending September 30, 1993.

(B) $250,000,000 for the fiscal year ending September 30, 1994.

(3)(A) Not more than 15 percent of each of the amounts appropriated under paragraphs (1) and (2) of this subsection is available for transportation described in subparagraphs (B) and (C) of this paragraph.

(B) Amounts made available under subparagraph (A) of this paragraph shall be used to develop new intercity rail passenger transportation on corridors between cities undergoing significant population growth and in which the transportation reasonably can be expected to provide travel times comparable with other surface transportation modes. An amount may be expended for the transportation only if a State requests the transportation and the State and Amtrak agree that-

(i) Amtrak will pay at least 90 percent of the cost of acquiring rolling stock for the transportation; and

(ii) the State will pay at least 90 percent of the cost of improving the right of way, including track structure, signal systems, passenger station facilities, highway and pedestrian grade crossings, and other safety equipment and facilities.

(C) Amounts made available under subparagraph (A) of this paragraph shall be used to begin new long distance intercity rail passenger transportation. An amount may be expended for the transportation only if a State requests the transportation and the State and Amtrak agree that-

(i) Amtrak will pay at least 75 percent of the cost of acquiring rolling stock for the transportation; and

(ii) the State will pay at least 90 percent of the cost of improving the right of way, including track structure, signal systems, passenger station facilities, highway and pedestrian grade crossings, and other safety equipment and facilities.

(D) Section 24704 of this title applies to the operating expenses of transportation described in subparagraphs (B) and (C) of this paragraph.

(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.

(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 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

(C) obligations of Amtrak due under section 3321 of the Code (26 U.S.C. 3321).

(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 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
24104(a)	45:601(a).	Oct. 30, 1970, Pub. L. 91–518, §601, 84 Stat. 1338 ; June 22, 1972, Pub. L. 92–316, §9, 86 Stat. 231 ; Nov. 3, 1973, Pub. L. 93–146, §12, 87 Stat. 553 ; Oct. 28, 1974, Pub. L. 93–496, §8, 88 Stat. 1530 ; May 26, 1975, Pub. L. 94–25, §10, 89 Stat. 92 ; Oct. 19, 1976, Pub. L. 94–555, §102(a), (b), 90 Stat. 2613 ; Oct. 5, 1978, Pub. L. 95–421, §§2(a), (b)(1), 3, 92 Stat. 923 ; Sept. 29, 1979, Pub. L. 96–73, §122(a), (b)(1), 93 Stat. 550 ; May 30, 1980, Pub. L. 96–254, §§208, 211, 94 Stat. 414 , 415; Aug. 13, 1981, Pub. L. 97–35, §§1138, 1139(a), 1185, 95 Stat. 652 , 697; Jan. 14, 1983, Pub. L. 97–468, §302(c), 96 Stat. 2550 ; Apr. 7, 1986, Pub. L. 99–272, §4002, 100 Stat. 106 ; July 6, 1990, Pub. L. 101–322, §2, 104 Stat. 295 ; restated Oct. 27, 1992, Pub. L. 102–533, §7(a), 106 Stat. 3517 .
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, Pub. L. 94–210, §704(b)(1) (related to §601), 90 Stat. 123 ; Jan. 14, 1983, Pub. L. 97–468, §301(4)(A), 96 Stat. 2549 .

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.

Section Referred to in Other Sections

This section is referred to in sections 24304, 24704, 24707 of this title.