49 U.S.C. § 24909 — Authorization of appropriations

Page 726 TITLE 49—TRANSPORTATION § 24908 1 See References in Text note below. Transportation gets only notes and mortgage agree- ments under the source provisions restated in sub- section (a) of this section. In subsection (b), the words ‘‘obtained by the Sec- retary’’ and ‘‘the provisions of subtitle IV of title 49, the Securities Act of 1933 (15 U.S.C. 77a et seq.), and . . . other’’ are omitted as surplus. The words ‘‘has the same’’ are substituted for ‘‘shall enjoy all of the’’ for clarity. The words ‘‘conveyance or’’ are omitted, and the word ‘‘transfer’’ is substituted for ‘‘conveyances’’, for consistency in this subtitle. The words ‘‘(including section 303(e) thereof [45 U.S.C. 743(e)])’’ are omitted as surplus. The words ‘‘section 303(b)’’ are substituted for ‘‘section 306(b)’’ to correct a mistake in section 217(c) of the Rail Transportation Improvement Act (Public Law 94–555, 90 Stat. 2628). In subsection (c), the words ‘‘to any party for any damages, or in any other matter’’ are omitted as sur- plus. The word ‘‘because’’ is substituted for ‘by reason of the fact that’’ to eliminate unnecessary words. The words ‘‘related to the note or agreement’’ are sub- stituted for ‘‘in connection with’’ for clarity. The words ‘‘all’’ and ‘‘(including fees of accountants, experts, and attorneys)’’ are omitted as surplus. The words ‘‘a civil action’’ are substituted for ‘‘any litigation’’ for consist- ency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words ‘‘legal’’ and ‘‘given, issued, or entered into’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT The Regional Rail Reorganization Act of 1973, re- ferred to in subsecs. (a) and (b), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For com- plete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Ta- bles. AMENDMENTS 2015—Subsec. (a). Pub. L. 114–94 substituted ‘‘section 24903’’ for ‘‘section 24904 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGA- NIZATION ACT OF 1973, AND TRANSFER OF FUNCTIONS Special court abolished and all jurisdiction and func- tions transferred to United States District Court for District of Columbia, see section 719(b)(2) of Title 45, Railroads. § 24908. Transfer taxes and levies and recording charges A transfer of an interest in rail property under this chapter is exempt from a tax or levy related to the transfer that is imposed by the United States Government, a State, or a political sub- division of a State. On payment of the appro- priate and generally applicable charge for the service performed, a transferee or transferor may record an instrument and, consistent with the final system plan, the release or removal of a pre-existing lien or encumbrance of record re- lated to the interest transferred. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 937.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24908 .......... 45:743(e) (words ‘‘title VII of the Railroad Revital- ization and Regu- latory Reform Act of 1976 [45 U.S.C. 851 et seq.] or of’’). Jan. 2, 1974, Pub. L. 93–236, 87 Stat. 985, § 303(e) (words ‘‘title VII of the Railroad Revitalization and Regu- latory Reform Act of 1976 or of’’); added Feb. 5, 1976, Pub. L. 94–210, § 601(d), 90 Stat. 84; Sept. 30, 1976, Pub. L. 94–436, § 5 (related to title VII), 90 Stat. 1399. The words ‘‘or conveyances’’, ‘‘(whether real, per- sonal, or mixed)’’, ‘‘which are made at any time’’, ‘‘the purposes of’’, ‘‘imposts’’, ‘‘or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such trans- fers or conveyances, whether imposed on the transferor or on the transferee’’, ‘‘now or hereafter’’, ‘‘to com- pensate . . . the cost of’’, ‘‘such deeds, bills of sale, liens, encumbrances, or other’’, and ‘‘the designations and applicable principles in’’ are omitted as surplus. § 24909. Authorization of appropriations (a) GENERAL.—(1) Not more than $2,313,000,000 may be appropriated to the Secretary of Trans- portation to achieve the goals of section 24902(a)(1) 1 of this title. From this amount, the following amounts shall be expended by Amtrak: (A) at least $27,000,000 for equipment modi- fication and replacement that a State or a local or regional transportation authority must bear because of the electrification con- version system of the Northeast Corridor under this chapter. (B) $30,000,000— (i) to improve the main line track between the Northeast Corridor main line and Atlan- tic City, New Jersey, to ensure that the track, consistent with a plan New Jersey de- veloped in consultation with Amtrak to pro- vide rail passenger transportation between the Northeast Corridor main line and Atlan- tic City, New Jersey, would be of sufficient quality to allow safe rail passenger transpor- tation at a minimum of 79 miles an hour not later than September 30, 1985; and (ii) to promote rail passenger use of the track. (C) necessary amounts to— (i) develop Union Station in the District of Columbia; (ii) install 189 track-miles, and renew 133 track-miles, of concrete ties with continu- ously welded rail between the District of Co- lumbia and New York, New York; (iii) install reverse signaling between Philadelphia, Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3 track; (iv) restore ditch drainage in concrete tie locations between the District of Columbia and New York, New York; (v) undercut 83 track-miles between the District of Columbia and New York, New York; (vi) rehabilitate bridges between the Dis- trict of Columbia and New York, New York (including Hi line); (vii) develop a maintenance of way equip- ment repair facility between the District of Page 727 TITLE 49—TRANSPORTATION § 24909 Columbia and New York, New York, and build maintenance of way bases at Philadel- phia, Pennsylvania, Sunnyside, New York, and Cedar Hill, Connecticut; (viii) stabilize the roadbed between the District of Columbia and New York, New York; (ix) automate the Bush River Drawbridge at milepost 72.14; (x) improve the New York Service Facility to develop rolling stock repair capability; (xi) install a rail car washer facility at Philadelphia, Pennsylvania; (xii) restore storage tracks and buildings at the Washington Service Facility; (xiii) install centralized traffic control from Landlith, Delaware, to Philadelphia, Pennsylvania; (xiv) improve track, including high speed surfacing, ballast cleaning, and associated equipment repair and material distribution; (xv) rehabilitate interlockings between the District of Columbia and New York, New York; (xvi) paint the Connecticut River, Groton, and Pelham Bay bridges; (xvii) provide additional catenary renewal and power supply upgrading between the District of Columbia and New York, New York; (xviii) rehabilitate structural, electrical, and mechanical systems at the William H. Gray III 30th Street Station in Philadelphia, Pennsylvania; (xix) install evacuation and fire protection facilities in tunnels in New York, New York; (xx) improve the communication and sig- nal systems between Wilmington, Delaware, and Boston, Massachusetts, on the North- east Corridor main line, and between Phila- delphia, Pennsylvania, and Harrisburg, Pennsylvania, on the Harrisburg Line; (xxi) improve the electric traction systems between Wilmington, Delaware, and Newark, New Jersey; (xxii) install baggage rack restraints, seat back guards, and seat lock devices on 348 passenger cars operating in the Northeast Corridor; (xxiii) install 44 event recorders and 10 electronic warning devices on locomotives operating within the Northeast Corridor; and (xxiv) acquire cab signal test boxes and in- stall 9 wayside loop code transmitters for use within the Northeast Corridor. (2) The following additional amounts may be appropriated to the Secretary for expenditure by Amtrak: (A) not more than $150,000,000 to achieve the goal of section 24902(a)(3) 1 of this title. (B) not more than $120,000,000 to acquire in- terests in property in the Northeast Corridor. (C) not more than $650,000 to develop and use mobile radio frequencies for passenger radio mobile telephone service on high-speed rail passenger transportation. (D) not more than $20,000,000 to acquire and improve interests in rail property designated under section 206(c)(1)(D) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)). (E) not more than $37,000,000 to carry out section 24902(a)(7) and (j) 1 of this title. (b) EMERGENCY MAINTENANCE.—Not more than $25,000,000 of the amount appropriated under the Act of February 28, 1975 (Public Law 94–6, 89 Stat. 11), may be used by Amtrak for emergency maintenance on rail property designated under section 206(c)(1)(C) of the Regional Rail Reorga- nization Act of 1973 (45 U.S.C. 716(c)(1)(C)). (c) PRIORITY IN USING CERTAIN AMOUNTS.— Amounts appropriated under subsection (a)(2)(B) and (D) of this section shall be used first to repay, with interest, obligations guaranteed under section 602 of the Rail Passenger Service Act, if the proceeds of those obligations were used to pay the expenses of acquiring interests in property referred to in subsection (a)(2)(B) and (D). (d) PROHIBITION ON SUBSIDIZING COMMUTER AND FREIGHT OPERATING LOSSES.—Amounts appro- priated under this section may not be used to subsidize operating losses of commuter rail or rail freight transportation. (e) SUBSTITUTING AND DEFERRING CERTAIN IM- PROVEMENTS.—(1) A project for which amounts are authorized under subsection (a)(1)(C) of this section is a part of the Northeast Corridor im- provement program and is not a substitute for improvements specified in the document ‘‘Cor- ridor Master Plan II, NECIP Restructured Pro- gram’’ of January, 1982. However, Amtrak may defer the project to carry out the improvement and rehabilitation for which amounts are au- thorized under subsection (a)(1)(B) of this sec- tion. The total cost of the project that Amtrak defers may not be substantially more than the amount Amtrak is required to expend or reserve under subsection (a)(1)(B). (2) Section 24902 of this title is deemed not to be fulfilled until the projects under subsection (a)(1)(C) of this section are completed. (f) AVAILABILITY OF AMOUNTS.—Amounts ap- propriated under subsection (a)(1) and (2)(A) and (C)–(E) of this section remain available until ex- pended. (g) AUTHORIZATIONS INCREASED BY PRIOR YEAR DEFICIENCIES.—An amount greater than that au- thorized for a fiscal year may be appropriated to the extent that the amount appropriated for any prior fiscal year is less than the amount author- ized for that year. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 937; Pub. L. 113–158, § 2, Aug. 8, 2014, 128 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24909(a)(1) .. 45:854(a) (1st sen- tence). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 704(a) (1st sentence); added Aug. 13, 1981, Pub. L. 97–35, § 1193(1), 95 Stat. 701. 45:854(a) (2d sen- tence cl. (1) (less availability)). Feb. 5, 1976, Pub. L. 94–210, § 704(a) (2d sentence), 90 Stat. 122; Oct. 19, 1976, Pub. L. 94–555, § 217(a), (b), 90 Stat. 2627; Oct. 5, 1978, Pub. L. 95–421, § 9, 92 Stat. 928; May 30, 1980, Pub. L. 96–254, § 204(a), 94 Stat. 411; Jan. 14, 1983, Pub. L. 97–468, § 301(2), 96 Stat. 2548; June 22, 1988, Pub. L. 100–342, § 6, 102 Stat. 627. Page 728 TITLE 49—TRANSPORTATION § 24910 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 45:855(b). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 705(b); added May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97–468, § 301(5)(B), 96 Stat. 2550. 24909(a) (2)(A). 45:854(a) (2d sen- tence cl. (2) (less availability)). 45:855(b). 24909(a) (2)(B)–(E). 45:854(a) (2d sen- tence cls. (3)(A)–(D) (1st sen- tence), (4)) (as 2d sentence cls. (3)(A)–(D) (1st sen- tence), (4) relate to other than availability). 45:855(b). 24909(b) ...... 45:854(d). Feb. 5, 1976, Pub. L. 94–210, § 704(d), 90 Stat. 123. 45:855(b). 24909(c) ...... 45:854(a) (2d sen- tence cl. (3)(D) (last sentence)). 24909(d) ...... 45:854(b)(1) (related to 854). Feb. 5, 1976, Pub. L. 94–210, § 704(b)(1) (related to § 704), 90 Stat. 123; Jan. 14, 1983, Pub. L. 97–468, § 301(4)(A), 96 Stat. 2549. 24909(e) ...... 45:854(b)(2). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 704(b)(2); added Jan. 14, 1983, Pub. L. 97–468, § 301(4)(B), 96 Stat. 2549. 45:855(b). 24909(f) ....... 45:854(a) (2d sen- tence cls. (1)–(3)(D) (1st sen- tence), (4)) (as 2d sentence cls. (1)–(3)(D) (1st sen- tence), (4) relate to availability). 24909(g) ...... 45:854(a) (3d sen- tence). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 704(a) (3d sen- tence); added Aug. 13, 1981, Pub. L. 97–35, § 1193(2), 95 Stat. 702. 45:854(a) (4th–last sentences). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 704(a) (4th–last sentences); added Jan. 14, 1983, Pub. L. 97–468, § 301(3), 96 Stat. 2549. In subsections (a) and (f), the text of 45:854(a) (2d sen- tence cl. (3)(A)) is omitted as executed. In subsection (a)(1), before clause (A), the text of 45:854(a) (1st sentence) is omitted as surplus because of section 24902(a) of the revised title. In clause (B)(i), the words ‘‘if the National Railroad Passenger Corporation receives notification on or before June 1, 1983, from . . . that such State has approved’’ and ‘‘and if such Cor- poration determines that such plan is feasible’’ are omitted as executed. The words ‘‘rehabilitation and other . . . (including upgrading track and the signal system, ensuring safety at public and private highway and pedestrian crossings by improving signals or elimi- nating such crossings, and the improvement of oper- ational portions of stations related to intercity rail passenger service)’’ are omitted as surplus. In clause (C), before subclause (i), the words ‘‘with respect to the main line of the Northeast Corridor’’ are omitted as surplus. In subclauses (i), (ii), (iv)–(viii), (xv), and (xvii), the word ‘‘Washington’’ is omitted as surplus. In sub- clause (xx), the words ‘‘at locations’’ are omitted as surplus. In subsection (a)(2)(C), the words ‘‘passenger radio mobile telephone service on high-speed rail passenger transportation’’ are substituted for ‘‘high-speed rail passenger rail telephone service’’ for consistency in this chapter. In subsection (a)(2)(D), the word ‘‘rail’’ is added for consistency in the revised title. In subsection (b), the words ‘‘After the conveyance of rail properties, pursuant to section 303(b) of the Re- gional Rail Reorganization Act of 1973 (45 U.S.C. 743(b)) and section 851(b) of this title’’ are omitted as exe- cuted. The words ‘‘remain available to’’ and ‘‘the pur- pose of performing’’ are omitted as surplus. In subsection (c), the words ‘‘that portion of . . . issued by the National Railroad Passenger Corporation and’’ are omitted as surplus. In subsection (e)(1), the words ‘‘to be appropriated’’, ‘‘undertaken or viewed as’’, ‘‘entitled’’, and ‘‘prepared for the United States Department of Transportation, Federal Railroad Administration, Northeast Corridor Improvement Project, in cooperation with the Federal Railroad Administration and the National Railroad Passenger Corporation (Amtrak), by Deleuw, Cather/ Parsons, NECIP architect/engineer’’ are omitted as sur- plus. The words ‘‘for which amounts are authorized under’’ are substituted for ‘‘described in’’ for clarity. The words ‘‘for expenditure’’ are omitted as surplus. In subsection (g), the text of 45:854(a) (3d, 5th, and last sentences) is omitted as executed. The words ‘‘An amount greater than that authorized for a fiscal year’’ are substituted for ‘‘Funds . . . in excess of limitations imposed under the preceding sentence with respect to a fiscal year, or for fiscal years after the fiscal year end- ing September 30, 1983’’ to eliminate unnecessary and obsolete words. The words ‘‘under this section’’ are omitted as surplus. The words ‘‘amount authorized’’ are substituted for ‘‘limitation under such sentence’’ for consistency. Editorial Notes REFERENCES IN TEXT Section 24902 of this title, referred to in subsecs. (a)(1), (2)(A), (E), was amended by Pub. L. 105–134, title IV, § 405(b)(1), Dec. 2, 1997, 111 Stat. 2586, and, as so amended, subsec. (a) of that section was repealed and subsecs. (b), (j), and (m) were redesignated (a), (g), and (j), respectively. Act of February 28, 1975 (Public Law 94–6, 89 Stat. 11), referred to in subsec. (b), provided appropriations for interim operating assistance for Federal Railroad Ad- ministration of Department of Transportation in chap- ter II which is not classified to the Code. Section 602 of the Rail Passenger Service Act, re- ferred to in subsec. (c), was classified to section 602 of Title 45, Railroads, prior to repeal by Pub. L. 102–533, § 7(c), Oct. 27, 1992, 106 Stat. 3519. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘William H. Gray III 30th Street Station’’ substituted for ‘‘30th Street Station’’ in subsec. (a)(1)(C)(xviii) pur- suant to section 2 of Pub. L. 113–158, set out below. Pub. L. 113–158, Aug. 8, 2014, 128 Stat. 1838, provided that: ‘‘SECTION 1. REDESIGNATION. ‘‘The railroad station located at 2955 Market Street in Philadelphia, Pennsylvania, commonly known as ‘30th Street Station’, shall be known and designated as the ‘William H. Gray III 30th Street Station’. ‘‘SEC. 2. REFERENCES. ‘‘Any reference in a law, map, regulation, document, paper, or other record of the United States to the rail- road station referred to in section 1 shall be deemed to be a reference to the ‘William H. Gray III 30th Street Station’.’’ § 24910. Rail cooperative research program (a) IN GENERAL.—The Secretary shall establish and carry out a rail cooperative research pro- gram. The program shall— (1) address, among other matters, intercity rail passenger and freight rail services, includ- ing existing rail passenger and freight tech- nologies and speeds, incrementally enhanced