2012 US Code
Title 49 - Transportation
Subtitle V - RAIL PROGRAMS (§§ 20101 - 28505)
Part A - SAFETY (§§ 20101 - 21311)
Chapter 201 - GENERAL (§§ 20101 - 20167)
Subchapter I - GENERAL (§§ 20101 - 20120)
Section 20115 - User fees
Publication Title | United States Code, 2012 Edition, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART A - SAFETY CHAPTER 201 - GENERAL SUBCHAPTER I - GENERAL Sec. 20115 - User fees |
Contains | section 20115 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 870. |
Statutes at Large References | 84 Stat. 971 104 Stat. 1388-399 108 Stat. 870 |
Public Law References | Public Law 91-458, Public Law 101-508, Public Law 103-272 |
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(a)
(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)
(c)
(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)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 870.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20115(a) | 45:447(a)(1), (3). | Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, §216; added Nov. 5, 1990, Pub. L. 101–508, §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). |
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.
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