
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC24909]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
           CHAPTER 249--NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
 
Sec. 24909. Authorization of appropriations

    (a) General.--(1) Not more than $2,313,000,000 may be appropriated 
to the Secretary of Transportation to achieve the goals of section 
24902(a)(1) \1\ of this title. From this amount, the following amounts 
shall be expended by Amtrak:
---------------------------------------------------------------------------
    \1\ See References in Text note below.
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        (A) at least $27,000,000 for equipment modification and 
    replacement that a State or a local or regional transportation 
    authority must bear because of the electrification conversion 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 Atlantic City, New Jersey, to ensure that 
        the track, consistent with a plan New Jersey developed in 
        consultation with Amtrak to provide rail passenger 
        transportation between the Northeast Corridor main line and 
        Atlantic City, New Jersey, would be of sufficient quality to 
        allow safe rail passenger transportation 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 continuously welded rail between the District 
        of Columbia 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 District of Columbia 
        and New York, New York (including Hi line);
            (vii) develop a maintenance of way equipment repair facility 
        between the District of Columbia and New York, New York, and 
        build maintenance of way bases at Philadelphia, 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 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 signal systems between 
        Wilmington, Delaware, and Boston, Massachusetts, on the 
        Northeast Corridor main line, and between Philadelphia, 
        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 install 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 interests 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 
Reorganization 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 appropriated under this section may not be used to 
subsidize operating losses of commuter rail or rail freight 
transportation.
    (e) Substituting and Deferring Certain Improvements.--(1) A project 
for which amounts are authorized under subsection (a)(1)(C) of this 
section is a part of the Northeast Corridor improvement program and is 
not a substitute for improvements specified in the document ``Corridor 
Master Plan II, NECIP Restructured Program'' of January, 1982. However, 
Amtrak may defer the project to carry out the improvement and 
rehabilitation for which amounts are authorized under subsection 
(a)(1)(B) of this section. 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 appropriated under subsection 
(a)(1) and (2)(A) and (C)-(E) of this section remain available until 
expended.
    (g) Authorizations Increased by Prior Year Deficiencies.--An amount 
greater than that authorized for a fiscal year may be appropriated to 
the extent that the amount appropriated for any prior fiscal year is 
less than the amount authorized for that year.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 937.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24909(a)(1)...........................  45:854(a) (1st sentence).        Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  704(a) (1st sentence); added
                                                                          Aug. 
13, 1981, Pub. L. 97-35, Sec.
                                                                          1193(
1), 95 Stat. 701.
                                        45:854(a) (2d sentence cl. (1)   Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                         (less availability)).            704(a
) (2d sentence), 90 Stat. 122;
                                                                          Oct. 
19, 1976, Pub. L. 94-555, Sec.
                                                                          217(a
), (b), 90 Stat. 2627; Oct. 5,
                                                                          1978,
 Pub. L. 95-421, Sec.  9, 92
                                                                          Stat.
 928; May 30, 1980, Pub. L. 96-
                                                                          254, 
Sec.  204(a), 94 Stat. 411; Jan.
                                                                          14, 1
983, Pub. L. 97-468, Sec.
                                                                          301(2
), 96 Stat. 2548; June 22, 1988,
                                                                          Pub. 
L. 100-342, Sec.  6, 102 Stat.
                                                                          627.
                                        45:855(b).                       Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  705(b); added May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  206(a), 94 Stat.
                                                                          413; 
Jan. 14, 1983, Pub. L. 97-468,
                                                                          Sec. 
 301(5)(B), 96 Stat. 2550.
24909(a) (2)(A).......................  45:854(a) (2d sentence cl. (2)
                                         (less availability)).
                                        45:855(b).
24909(a) (2)(B)-(E)...................  45:854(a) (2d sentence cls.
                                         (3)(A)-(D) (1st sentence),
                                         (4)) (as 2d sentence cls.
                                         (3)(A)-(D) (1st sentence), (4)
                                         relate to other than
                                         availability).
                                        45:855(b).
24909(b)..............................  45:854(d).                       Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          704(d
), 90 Stat. 123.
                                        45:855(b).
24909(c)..............................  45:854(a) (2d sentence cl.
                                         (3)(D) (last sentence)).
24909(d)..............................  45:854(b)(1) (related to 854).   Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          704(b
)(1) (related to Sec.  704), 90
                                                                          Stat.
 123; Jan. 14, 1983, Pub. L. 97-
                                                                          468, 
Sec.  301(4)(A), 96 Stat. 2549.
24909(e)..............................  45:854(b)(2).                    Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  704(b)(2); added Jan. 14,
                                                                          1983,
 Pub. L. 97-468, Sec.  301(4)(B),
                                                                          96 St
at. 2549.
                                        45:855(b).
24909(f)..............................  45:854(a) (2d sentence cls. (1)-
                                         (3)(D) (1st sentence), (4))
                                         (as 2d sentence cls. (1)-
                                         (3)(D) (1st sentence), (4)
                                         relate to availability).
24909(g)..............................  45:854(a) (3d sentence).         Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  704(a) (3d sentence); added
                                                                          Aug. 
13, 1981, Pub. L. 97-35, Sec.
                                                                          1193(
2), 95 Stat. 702.
                                        45:854(a) (4th-last sentences).  Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  704(a) (4th-last sentences);
                                                                          added
 Jan. 14, 1983, Pub. L. 97-468,
                                                                          Sec. 
 301(3), 96 Stat. 2549.
-------------------------------------------------------------------------------
---------------------------------

    In subsections (a) and (f), the text of 45:854(a) (2d sentence 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 Corporation 
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 eliminating such crossings, 
and the improvement of operational 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 subclause (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 Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 743(b)) and section 851(b) of this 
title'' are omitted as executed. The words ``remain available to'' and 
``the purpose 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 
surplus. 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 ending 
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.

                       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, Sec. 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 Administration of Department of Transportation in 
chapter II which is not classified to the Code.
    Section 602 of the Rail Passenger Service Act, referred to in 
subsec. (c), was classified to section 602 of Title 45, Railroads, prior 
to repeal by Pub. L. 102-533, Sec. 7(c), Oct. 27, 1992, 106 Stat. 3519.

                  Section Referred to in Other Sections

    This section is referred to in title 40 section 819.
