PUBLIC LAW 98-78 —AUG. 15, 1983 97 STAT. 463 expended all funds granted to it in the fiscal years prior to the beginning of fiscal year 1979, other than funds not expended due to pending litigation: Provided further. That a State denied funding by reason of the immediately preceding proviso may still apply for and receive funds for planning purposes: Provided further, That, not- withstanding any other provision of law, of the funds available under section 5(h)(2), $2,500,000 shall be made available for use 49 USC app. under sections 5(h)(3)(B)(ii) and 5(h)(3)(C) of the Department of i^^^- Transportation Act, as amended, notwithstanding the limitations set forth in section 5(h)(3)(B)(ii). CoNRAiL LABOR PROTECTION (INCLUDING TRANSFER OF FUNDS) For labor protection as authorized by section 713 of the Regional Rail Reorganization Act of 1973 as added by section 1143 of the 45 USC 797Z. Northeast Rail Service Act of 1981, $20,000,000, to remain available until expended, of which $4,000,000 shall be derived from the unobli- gated balances of "Rail labor assistance": Provided, That such sum shall be considered to have been appropriated to the Secretary under said section 713 for transfer to the Railroad Retirement Board for the payment of benefits under section 701 of the Regional Rail Reorganization Act of 1973, as amended: Provided further, That, for 45 USC 797. the purposes of section 710 of the Regional Rail Reorganization Act of 1973, as added by section 1143 of the Northeast Rail Service Act of 45 USC 797i. 1981, such sum shall be considered to have been appropriated under section 713 of the Regional Rail Reorganization Act of 1973 and counted against the limitation on the total liability of the United States: Provided further. That such sums as may be necessary shall be made available for necessary expenses of administration of sec- tion 701 of the Regional Rail Reorganization Act of 1973 by the Railroad Retirement Board. ROCK ISLAND LABOR PROTECTION For employee protection as authorized by the Rock Island Rail- road Transition and Employee Assistance Act, as amended (45 U.S.C. 1001 et seq.), $35,000,000. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM For necessary expenses related to Northeast Corridor improve- ments authorized by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended (45 U.S.C. 851 et seq.), $100,000,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, the provisions of Public 45 USC 851 note. Law 85-804 shall apply to the Northeast Corridor Improvement 50 USC 1431. Program: Provided further. That the Secretary may waive the provi- sions of 23 U.S.C. 322 (c) and (d) if such action would serve a public purpose: Provided further. That all public at grade-level crossings remaining along the Northeast Corridor upon completion of the project shall be equipped with protective devices including gates and lights.
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