
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20115]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
                          SUBCHAPTER I--GENERAL
 
Sec. 20115. User fees

    (a) Schedule of Fees.--The Secretary of Transportation shall 
prescribe by regulation a schedule of fees for railroad carriers subject 
to this chapter. The fees--
        (1) shall cover the costs of carrying out this chapter (except 
    section 20108(a));
        (2) shall be imposed fairly on the railroad carriers, in 
    reasonable relationship to an appropriate combination of criteria 
    such as revenue ton-miles, track miles, passenger miles, or other 
    relevant factors; and
        (3) may not be based on that part of industry revenues 
    attributable to a railroad carrier or class of railroad carriers.

    (b) Collection Procedures.--The Secretary shall prescribe procedures 
to collect the fees. The Secretary may use the services of a department, 
agency, or instrumentality of the United States Government or of a State 
or local authority to collect the fees, and may reimburse the 
department, agency, or instrumentality a reasonable amount for its 
services.
    (c) Collection, Deposit, and Use.--(1) The Secretary shall impose 
and collect fees under this section for each fiscal year before the end 
of the fiscal year.
    (2) Fees collected under this section shall be deposited in the 
general fund of the Treasury as offsetting receipts. The fees may be 
used, to the extent provided in advance in an appropriation law, only to 
carry out this chapter.
    (3) Fees prescribed under this section shall be imposed in an amount 
sufficient to pay for the costs of activities under this chapter. 
However, the total fees received for a fiscal year may not be more than 
105 percent of the total amount of the appropriations for the fiscal 
year for activities to be financed by the fees.
    (d) Annual Report.--(1) Not later than 90 days after the end of each 
fiscal year in which fees are collected under this section, the 
Secretary shall report to Congress on--
        (A) the amount of fees collected during that fiscal year;
        (B) the impact of the fees on the financial health of the 
    railroad industry and its competitive position relative to each 
    competing mode of transportation; and
        (C) the total cost of Government safety activities for each 
    other competing mode of transportation, including any part of that 
    total cost defrayed by Government user fees.

    (2) Not later than 90 days after submitting a report for a fiscal 
year, the Secretary shall submit to Congress recommendations for 
corrective legislation if the report includes a finding that--
        (A) there has been an impact from the fees on the financial 
    health of the railroad industry or its competitive position relative 
    to each competing mode of transportation; or
        (B) there is a significant difference in the burden of 
    Government user fees on the railroad industry and other competing 
    modes of transportation.

    (e) Expiration.--This section expires on September 30, 1995.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 870.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
20115(a)..............................  45:447(a)(1), (3).               Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  216; added Nov. 5, 1990,
                                                                          Pub. 
L. 101-508, Sec.  10501(a), 104
                                                                          Stat.
 1388-399.
20115(b)..............................  45:447(a)(2).
20115(c)..............................  45:447(b)-(d).
20115(d)..............................  45:447(e).
20115(e)..............................  45:447(f).
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---------------------------------

    In subsection (a), before clause (1), the words ``after notice and 
comment'' are omitted as unnecessary because of 5:553.
    In subsection (c), the words ``beginning on March 1, 1991'' are 
omitted as obsolete.
