49 U.S.C. § 20115 — User fees

Page 567 TITLE 49—TRANSPORTATION § 20115 applicable civil penalty for a violation of a rail- road safety regulation prescribed or order issued by the Secretary not later than 60 days after the date of receiving notice from a State authority participating in investigative and surveillance activities under section 20105 of this title, the authority may bring a civil action in a district court of the United States to impose and collect the penalty. This paragraph does not apply if the Secretary makes an affirmative written finding that the violation did not occur. (c) VENUE.—A civil action under this section may be brought in the judicial district in which the violation occurred or the defendant has its principal executive office. However, a State au- thority may not bring an action under this sec- tion outside the State. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 869.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20113(a) ...... 45:436(b)(1) (related to authority to bring actions), (2). Oct. 16, 1970, Pub. L. 91–458, § 207(b), (c), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, § 8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, § 5, 94 Stat. 1812. 45:439(a) (related to actions by States). Oct. 16, 1970, Pub. L. 91–458, § 210(a) (related to actions by States), 84 Stat. 975; Oct. 10, 1980, Pub. L. 96–423, § 9(a), 94 Stat. 1814; Nov. 16, 1990, Pub. L. 101–615, § 28(f), 104 Stat. 3277. 20113(b) ...... 45:436(a)(1) (related to authority to bring actions), (2). Oct. 16, 1970, Pub. L. 91–458, § 207(a), 84 Stat. 974; Nov. 2, 1978, Pub. L. 95–574, § 8, 92 Stat. 2461; restated Oct. 10, 1980, Pub. L. 96–423, § 5, 94 Stat. 1812; Nov. 16, 1990, Pub. L. 101–615, § 28(e), 104 Stat. 3277. 20113(c) ...... 45:436(a)(1) (related to venue), (b)(1) (related to venue), (c). 45:439(c) (related to actions by States). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 210(c) (re- lated to actions by States); added Oct. 10, 1980, Pub. L. 96–423, § 9(b), 94 Stat. 1815. In subsection (a), the language about jurisdiction in 45:439(a) (related to actions by States) is omitted for the reasons explained in the revision note for section 20112(a) of the revised title. In subsection (b), the word ‘‘impose’’ is substituted for ‘‘assess’’ for consistency. The words ‘‘the authority may bring a civil action in an appropriate district court of the United States’’ are substituted for ‘‘agency may apply to the United States district court’’ for con- sistency in the revised title and with other titles of the United States Code. The words ‘‘included in or made applicable to such rule, regulation, order, or standard’’ are omitted as surplus. In subsection (c), the reference to ‘‘section 207(d)’’ in section 210(c) of the Federal Railroad Safety Act of 1970 (Public Law 91–458, 84 Stat. 971), as added by section 9(b) of the Federal Railroad Safety Authorization Act of 1980 (Public Law 96–423, 94 Stat. 1815), is assumed to have been intended as a reference to section 207(c). The Federal Railroad Safety Authorization Act of 1980 was derived from S. 2730, which in turn was derived from H.R. 7104. See 126 Cong. Rec. 26535 (1980). Section 207(d) in an earlier version of H.R. 7104 was redesignated as section 207(c) during the legislative process and no sec- tion 207(d) was enacted. See H.R. Rept. No. 96–1025, 96th Cong., 2d Sess., pp. 14, 15 (1980). § 20114. Judicial procedures (a) CRIMINAL CONTEMPT.—In a trial for crimi- nal contempt for violating an injunction or re- straining order issued under this chapter, the violation of which is also a violation of this chapter, the defendant may demand a jury trial. The defendant shall be tried as provided in rule 42(b) of the Federal Rules of Criminal Procedure (18 App. U.S.C.). (b) SUBPENAS FOR WITNESSES.—A subpena for a witness required to attend a district court of the United States in an action brought under this chapter may be served in any judicial district. (c) REVIEW OF AGENCY ACTION.—Except as pro- vided in section 20104(c) of this title, a pro- ceeding to review a final action of the Secretary of Transportation under this part or, as applica- ble to railroad safety, chapter 51 or 57 of this title shall be brought in the appropriate court of appeals as provided in chapter 158 of title 28. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 870.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20114(a) ...... 45:439(b). Oct. 16, 1970, Pub. L. 91–458, §§ 209(d), 210(b), 84 Stat. 975, 976. 20114(b) ...... 45:438(d). 20114(c) ...... 45:431(f). Oct. 16, 1970, Pub. L. 91–458, § 202(f), 84 Stat. 972; re- stated Sept. 3, 1992, Pub. L. 102–365, § 5(a)(1), 106 Stat. 975. In subsection (a), the words ‘‘the defendant may de- mand a jury trial’’ are substituted for ‘‘trial shall be by the court, or, upon demand of the accused, by a jury’’ to eliminate unnecessary words and for consistency in the revised title. In subsection (b), the words ‘‘may be served in any ju- dicial district’’ are substituted for ‘‘may run into any other district’’ for clarity. In subsection (c), the words ‘‘a final action of the Sec- retary’’ are substituted for ‘‘Any final agency action taken by the Secretary’’ to eliminate unnecessary words. The words ‘‘this part or, as applicable to rail- road safety, chapter 51 or 57 of this title’’ are sub- stituted for ‘‘this subchapter or under any of the other Federal railroad safety laws, as defined in section 441(e) of this title’’ because of the restatement. The words ‘‘is subject to judicial review as provided in chapter 7 of title 5’’ are omitted as unnecessary because 5:ch. 7 ap- plies unless otherwise stated. The words ‘‘by and in the manner prescribed’’ are omitted as surplus. § 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 ap- propriate combination of criteria such as rev- enue 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 depart- Page 568 TITLE 49—TRANSPORTATION § 20116 ment, agency, or instrumentality of the United States Government or of a State or local au- thority 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 activi- ties 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 com- petitive position relative to each competing mode of transportation; and (C) the total cost of Government safety ac- tivities 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 sub- mit 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 indus- try 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 rail- road industry and other competing modes of transportation. (e) EXPIRATION.—This section expires on Sep- tember 30, 1995. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 870.) HISTORICAL AND REVISION NOTES 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 be- cause of 5:553. In subsection (c), the words ‘‘beginning on March 1, 1991’’ are omitted as obsolete. § 20116. Rulemaking process No rule or order issued by the Secretary under this part shall be effective if it incorporates by reference a code, rule, standard, requirement, or practice issued by an association or other entity that is not an agency of the Federal Govern- ment, unless— (1) the date on which the code, rule, stand- ard, requirement, or practice was adopted is specifically cited in the rule or order; or (2) the code, rule, standard, requirement, or practice has been subject to notice and com- ment under a rule or order issued under this part. (Added Pub. L. 110–432, div. A, title I, § 107(a), Oct. 16, 2008, 122 Stat. 4859; amended Pub. L. 114–94, div. A, title XI, § 11316(c), Dec. 4, 2015, 129 Stat. 1676.) Editorial Notes PRIOR PROVISIONS A prior section 20116, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 871; amended Pub. L. 103–440, title II, § 206(a), Nov. 2, 1994, 108 Stat. 4620, related to biennial safety reports prior to repeal by Pub. L. 104–66, title I, § 1121(g)(1), Dec. 21, 1995, 109 Stat. 724. AMENDMENTS 2015—Pub. L. 114–94 substituted ‘‘unless—’’ for ‘‘un- less’’, inserted par. (1) designation before ‘‘the date’’, substituted ‘‘order; or’’ for ‘‘order, or’’ in par. (1), in- serted par. (2) designation before ‘‘the code, rule, stand- ard, requirement, or practice has been subject to notice and comment under a rule or order issued under this part.’’, and realigned margins. 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. § 20117. Authorization of appropriations (a) IN GENERAL.—(1) There are authorized to be appropriated to the Secretary of Transportation to carry out this part and to carry out respon- sibilities under chapter 51 as delegated or au- thorized by the Secretary— (A) $225,000,000 for fiscal year 2009; (B) $245,000,000 for fiscal year 2010; (C) $266,000,000 for fiscal year 2011; (D) $289,000,000 for fiscal year 2012; and (E) $293,000,000 for fiscal year 2013. (2) With amounts appropriated pursuant to paragraph (1), the Secretary shall purchase Gage Restraint Measurement System vehicles and track geometry vehicles or other comparable technology as needed to assess track safety con- sistent with the results of the track inspection study required by section 403 of the Rail Safety Improvement Act of 2008. (3) There are authorized to be appropriated to the Secretary $18,000,000 for the period encom- passing fiscal years 2009 through 2013 to design, develop, and construct the Facility for Under- ground Rail Station and Tunnel at the Trans- portation Technology Center in Pueblo, Colo- rado. The facility shall be used to test and evaluate the vulnerabilities of above-ground and underground rail tunnels to prevent accidents and incidents in such tunnels, to mitigate and remediate the consequences of any such acci-