2012 US Code
Title 49 - Transportation
Subtitle V - RAIL PROGRAMS (§§ 20101 - 28505)
Part C - PASSENGER TRANSPORTATION (§§ 24101 - 24910)
Chapter 241 - GENERAL (§§ 24101 - 24105)
Section 24104 - Authorization of appropriations
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART C - PASSENGER TRANSPORTATION CHAPTER 241 - GENERAL Sec. 24104 - Authorization of appropriations |
Contains | section 24104 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 84 Stat. 1338 86 Stat. 231 87 Stat. 553 88 Stat. 1530 89 Stat. 92 90 Stat. 123, 2613 92 Stat. 923 93 Stat. 550 94 Stat. 414 95 Stat. 652 96 Stat. 2549, 2550 100 Stat. 106 104 Stat. 295 106 Stat. 3517 108 Stat. 902 111 Stat. 2585, 2573, 2584, 2589 |
Public Law References | Public Law 91-518, Public Law 92-316, Public Law 93-146, Public Law 93-496, Public Law 94-25, Public Law 94-210, Public Law 94-555, Public Law 95-421, Public Law 96-73, Public Law 96-254, Public Law 97-35, Public Law 97-468, Public Law 99-272, Public Law 101-322, Public Law 102-533, Public Law 103-272, Public Law 105-34, Public Law 105-134 |
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(a)
(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)
(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)
(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)
(1) 50 percent on October 1.
(2) 25 percent on January 1.
(3) 25 percent on April 1.
(e)
(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)
(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.)
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.
References in TextThe 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.
Amendments1997—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 RefundPub. L. 105–134, title II, §209, Dec. 2, 1997, 111 Stat. 2584, provided that:
“(a)
“(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)
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].”
1 See References in Text note below.
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