49 U.S.C. § 20117 — Authorization of appropriations

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- Page 569 TITLE 49—TRANSPORTATION § 20119 dents or incidents, and to provide a realistic sce- nario for training emergency responders. (4) Such sums as may be necessary from the amount appropriated pursuant to paragraph (1) for each of the fiscal years 2009 through 2013 shall be made available to the Secretary for per- sonnel in regional offices and in Washington, D.C., whose duties primarily involve rail secu- rity. (b) GRADE CROSSING SAFETY.—Not more than $1,000,000 may be appropriated to the Secretary for improvements in grade crossing safety, ex- cept demonstration projects under section 20134(c) of this title. Amounts appropriated under this subsection remain available until ex- pended. (c) RESEARCH AND DEVELOPMENT, AUTOMATED TRACK INSPECTION, AND STATE PARTICIPATION GRANTS.—Amounts appropriated under this sec- tion for research and development, automated track inspection, and grants under section 20105(e) of this title remain available until ex- pended. (d) MINIMUM AVAILABLE FOR CERTAIN PUR- POSES.—At least 50 percent of the amounts ap- propriated to the Secretary for a fiscal year to carry out railroad research and development programs under this chapter or another law shall be available for safety research, improved track inspection and information acquisition technology, improved railroad freight transpor- tation, and improved railroad passenger sys- tems. (e) OPERATION LIFESAVER.—In addition to amounts otherwise authorized by law, there are authorized to be appropriated for railroad re- search and development $300,000 for fiscal year 1995, $500,000 for fiscal year 1996, and $750,000 for fiscal year 1997, to support Operation Lifesaver, Inc. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 872; Pub. L. 103–440, title II, §§ 202, 218, Nov. 2, 1994, 108 Stat. 4619, 4625; Pub. L. 110–432, div. A, § 3, Oct. 16, 2008, 122 Stat. 4850.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 20117(a)(1) .. 45:444(a) (1st sen- tence). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 214(a) (1st sentence); added Oct. 10, 1980, Pub. L. 96–423, § 2, 94 Stat. 1811; Aug. 13, 1981, Pub. L. 97–35, § 1195, 95 Stat. 702; Jan. 14, 1983, Pub. L. 97–468, § 703, 96 Stat. 2580; restated June 22, 1988, Pub. L. 100–342, § 2, 102 Stat. 624; Nov. 5, 1990, Pub. L. 101–508, § 10501(b), 104 Stat. 1388–400; restated Sept. 3, 1992, Pub. L. 102–365, § 12, 106 Stat. 980. 20117(a)(2) .. 45:435(h). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 206(h); Nov. 16, 1990, Pub. L. 101–615, § 28(d), 104 Stat. 3277. 20117(b) ...... 45:445(c). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 215(c); added June 22, 1988, Pub. L. 100–342, § 20, 102 Stat. 638. 20117(c) ...... 45:444(b). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 214(b); added Oct. 10, 1980, Pub. L. 96–423, § 2, 94 Stat. 1811; Jan. 14, 1983, Pub. L. 97–468, § 703, 96 Stat. 2580; restated June 22, 1988, Pub. L. 100–342, § 2, 102 Stat. 624. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 20117(d) ...... 45:442. Nov. 2, 1978, Pub. L. 95–574, § 3, 92 Stat. 2459. In subsection (a), references to fiscal years prior to 1993 are omitted as obsolete. Editorial Notes REFERENCES IN TEXT Section 403 of the Rail Safety Improvement Act of 2008, referred to in subsec. (a)(2), is section 403 of Pub. L. 110–432, which is set out as a note under section 20142 of this title. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–432 amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations for fiscal years 1993 through 1998. 1994—Subsec. (a)(1)(C) to (F). Pub. L. 103–440, § 202, added subpars. (C) to (F). Subsec. (e). Pub. L. 103–440, § 218, added subsec. (e). § 20118. Prohibition on public disclosure of rail- road safety analysis records (a) IN GENERAL.—Except as necessary for the Secretary of Transportation or another Federal agency to enforce or carry out any provision of Federal law, any part of any record (including, but not limited to, a railroad carrier’s analysis of its safety risks and its statement of the miti- gation measures it has identified with which to address those risks) that the Secretary has ob- tained pursuant to a provision of, or regulation or order under, this chapter related to the estab- lishment, implementation, or modification of a railroad safety risk reduction program or pilot program is exempt from the requirements of sec- tion 552 of title 5 if the record is— (1) supplied to the Secretary pursuant to that safety risk reduction program or pilot program; or (2) made available for inspection and copy- ing by an officer, employee, or agent of the Secretary pursuant to that safety risk reduc- tion program or pilot program. (b) EXCEPTION.—Notwithstanding subsection (a), the Secretary may disclose any part of any record comprised of facts otherwise available to the public if, in the Secretary’s sole discretion, the Secretary determines that disclosure would be consistent with the confidentiality needed for that safety risk reduction program or pilot pro- gram. (c) DISCRETIONARY PROHIBITION OF DISCLO- SURE.—The Secretary may prohibit the public disclosure of risk analyses or risk mitigation analyses that the Secretary has obtained under other provisions of, or regulations or orders under, this chapter if the Secretary determines that the prohibition of public disclosure is nec- essary to promote railroad safety. (Added Pub. L. 110–432, div. A, title I, § 109(a), Oct. 16, 2008, 122 Stat. 4866.) § 20119. Study on use of certain reports and sur- veys (a) STUDY.—The Federal Railroad Administra- tion shall complete a study to evaluate whether