U.S. Code > Title 49 Transportation > SUBTITLE V—RAIL PROGRAMS (§§ 20101—28505) > PART C—PASSENGER TRANSPORTATION (§§ 24101—24910) > CHAPTER 241—GENERAL (§§ 24101—24105) > § 24104. Authorization of appropriations

§ 24104. 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 [1] 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 [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
(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.

[1] See References in Text note below.