162
the extent provided in subsequent appropriation
Acts.
‘‘(4) AVAILABILITY OF FEES.—Fees authorized
under this subsection shall be available for obligation
only to the extent and in the amount provided in ad-
vance in appropriation Acts. Such fees are author-
ized to be appropriated to remain available until ex-
pended for the costs of the activities for which they
were assessed.
‘‘(5) TREATMENT OF FEES FOR PURPOSES OF
COST REPORTS.—An entity may not include a fee as-
sessed pursuant to this subsection as an allowable
item on a cost report under this title or title XIX.
‘‘(6) CERTAIN
ENTITIES
NOT
SUBJECT
TO
FEE.—The Secretary shall not impose fees under
this subsection against entities subject to the re-
quirements of the Clinical Laboratory Improvement
Amendments of 1988 (Public Law 100-578, 42
U.S.C. 263a).’’.
(b) SIMPLER AND MORE FLEXIBLE LEGISLATIVE
AUTHORITY.—
(1) IN GENERAL.—The first two sentences of
section 1864(a) (42 U.S.C. 1395aa(a)) are amended
to read as follows: ‘‘The Secretary may make an
agreement with a State under which the services of
163
a State agency (or local agencies) will be utilized by
the Secretary in determining whether entities that
furnish items or services for which payment may be
made under this title meet requirements under this
title. To the extent that the Secretary finds it appro-
priate, an entity that a State (or local) agency finds
to have met requirements under this title may be
treated by the Secretary as having met those re-
quirements.’’.
(2) POSTING OF FINDINGS.—The fifth sentence
of such section is amended to read as follows:
‘‘Within 90 days after the completion of a survey of
an entity under the first sentence of this subsection,
the Secretary shall make public in readily available
form and place, and require (in the case of skilled
nursing facilities) the posting in a place readily ac-
cessible to patients (and patients’ representatives),
the pertinent findings of the survey as to the compli-
ance of the entity with statutory requirements under
this title and with the major additional conditions
that the Secretary finds necessary in the interest of
health and safety of individuals who are furnished
items or services by the entity.’’.
(3) CLERICAL
AMENDMENT.—The heading of
section 1864 (42 U.S.C. 1395aa) is amended by
164
striking ‘‘WITH CONDITIONS OF PARTICIPATION’’ and
inserting ‘‘AND
OTHER
ENTITIES
WITH
REQUIRE-
MENTS UNDER THIS TITLE’’.
SEC. 735. FEES FOR REGISTRATION OF INDIVIDUALS AND
ENTITIES PROVIDING HEALTH CARE ITEMS
OR SERVICES UNDER MEDICARE.
(a) IN GENERAL.—Section 1866 (42 U.S.C. 1395cc)
is amended by adding at the end the following new sub-
section:
‘‘(j) REGISTRATION PROCEDURES AND FEES.—
‘‘(1) REGISTRATION.—The Secretary shall es-
tablish a procedure for initial registration and peri-
odic renewal of registration of individuals and enti-
ties that furnish items or services for which payment
may be made under this title and that are not other-
wise subject to provisions of this title providing for
such procedures.
‘‘(2) FEES.—
‘‘(A) AUTHORITY TO IMPOSE FEES.—The
Secretary shall impose—
‘‘(i) fees for initial agreements with
providers of services and initial registra-
tions of other entities and individuals that
furnish items or services for which pay-
ment may be made under this title, and
165
‘‘(ii) annual fees to cover the costs of
renewals of agreements and registrations
of such individuals and entities.
‘‘(B) ASSESSMENT OF FEES.—
‘‘(i) TYPES OF FEES.—
‘‘(I) 
INITIAL
FEES.—Fee
amounts assessed pursuant to sub-
paragraph (A)(i) against a member of
a class of individuals or entities shall
not exceed the Secretary’s reasonable
estimate of the average cost of initi-
ating an agreement or performing an
initial registration for an individual or
entity in such class.
‘‘(II) 
RENEWAL
FEES.—Fee
amounts assessed pursuant to sub-
paragraph (A)(ii) against members of
a class of individuals or entities shall
not exceed the amount which the Sec-
retary reasonably estimates will gen-
erate total revenues sufficient to cover
total annual costs of performing such
renewals with respect to such class.
‘‘(ii) REDUCTION
OR
WAIVER
OF
FEES.—The Secretary may reduce or waive
166
the fees under this paragraph in excep-
tional circumstances which the Secretary
determines to be in the public interest.
‘‘(C) COLLECTION
AND
CREDITING
OF
FEES.—
‘‘(i) INITIAL
FEES.—Fees assessed
pursuant to subparagraph (A)(i) against
an individual or entity shall be payable
upon application for billing privileges
under the program under this title (and
shall apply whether or not the Secretary
approves such application) and shall be
credited to the Health Care Financing Ad-
ministration Program Management Ac-
count.
‘‘(ii) RENEWAL FEES.—Fees assessed
pursuant to subparagraph (A)(ii) against
an individual or entity shall be payable an-
nually and may be deducted from amounts
otherwise payable from a Trust Fund
under this title to such individual or entity.
Such fees shall be credited to the Health
Care Financing Administration Program
Management Account.
167
‘‘(iii) OFFSET.—Any amount of fees
collected in a fiscal year under this para-
graph that exceeds the amount of such fees
available for expenditure in such fiscal
year, as specified in appropriation Acts,
shall be credited to the Health Care Fi-
nancing Administration Program Manage-
ment Account, and shall be available for
obligation in subsequent fiscal years to the
extent provided in subsequent appropria-
tion Acts.
‘‘(D) AVAILABILITY
OF
FEES.—Fees au-
thorized under this paragraph shall be available
for obligation only to the extent and in the
amount provided in advance in appropriation
Acts. Such fees are authorized to be appro-
priated to remain available until expended for
necessary expenses related to initiating and re-
newing such agreements and registrations, in-
cluding costs of establishing and maintaining
procedures and records systems; processing ap-
plications; background investigations; renewal
of billing privileges; and reverification of eligi-
bility.
168
‘‘(E) TREATMENT OF FEES FOR PURPOSES
OF COST REPORTS.—An entity may not include
a fee assessed pursuant to this paragraph as an
allowable item on a cost report under this title
or title XIX.’’; and
(b) CLERICAL AMENDMENT.—The heading of section
1866 (42 U.S.C. 1395cc) is amended by inserting ‘‘AND
REGISTRATION OF OTHER PERSONS FURNISHING SERV-
ICES’’ after ‘‘PROVIDERS OF SERVICES’’.
SEC. 736. FEES FOR PROCESSING CLAIMS.
(a) IN GENERAL.—Title XVIII (42 U.S.C. 1395 et
seq.) is amended by adding at the end the following new
section:
‘‘FEES FOR PROCESSING CLAIMS
‘‘SEC. 1897. (a) AUTHORITY TO IMPOSE FEES.—
‘‘(1) IN GENERAL.—Subject to subsection (b),
each claim described in paragraph (2) submitted by
an individual or entity furnishing items or services
for which payment may be made under this title is
subject to a processing fee of $1.
‘‘(2) CLAIMS SUBJECT TO FEE.—A claim under
part A or B of this title is subject to the fee speci-
fied in paragraph (1) if it—
‘‘(A) duplicates, in whole or in part, an-
other claim submitted by the same individual or
entity;
169
‘‘(B) is a claim that cannot be processed
and must, in accordance with the Secretary’s
instructions, be returned by the fiscal inter-
mediary or carrier to the individual or entity for
completion; or
‘‘(C) is not submitted electronically by an
individual or entity or the authorized billing
agent of such individual or entity.
‘‘(b) COLLECTION, CREDITING, AND AVAILABILITY
OF FEES.—
‘‘(1) DEDUCTION
FROM
TRUST
FUND.—The
Secretary shall deduct any fees assessed pursuant to
subsection (a) against an individual or entity from
amounts otherwise payable from a Trust Fund
under this title to such individual or entity, and
shall transfer the amount so deducted from such
Trust Fund to the Health Care Financing Adminis-
tration Program Management Account.
‘‘(2) OFFSET.—Any amount of fees collected in
a fiscal year under this section that exceeds the
amount of such fees available for expenditure in
such fiscal year, as specified in appropriation Acts,
shall be credited to the Health Care Financing Ad-
ministration Program Management Account, and
shall be available for obligation in subsequent fiscal
170
years to the extent provided in subsequent appro-
priation Acts.
‘‘(3) AVAILABILITY.—Fees authorized under
this subsection shall be available for obligation only
to the extent and in the amount provided in advance
in appropriation Acts. Such fees are authorized to be
appropriated to remain available until expended for
the costs of the activities for which they were as-
sessed.
‘‘(c) WAIVER
OF CERTAIN FEES.—The Secretary
may waive fees for claims described in subsection
(a)(2)(C) in cases of such compelling circumstances as the
Secretary may determine.
‘‘(d) TREATMENT OF FEES FOR PURPOSES OF COST
REPORTS.—An entity may not include a fee assessed pur-
suant to this section as an allowable item on a cost report
under this title or title XIX.’’.
(b) CONFORMING AMENDMENT.—Section 1842(c)(4)
(42 U.S.C. 1395u(c)(4)) is amended by striking ‘‘Neither
a carrier’’ and inserting ‘‘Except as provided in section
1897, neither a carrier’’.
(c) EFFECTIVE DATE.—The amendments made by
this section are effective 180 days after the date of enact-
ment of this part.
171
SEC. 737. REPEAL OF PROVISION RELATED TO SELECTION
OF REGIONAL LABORATORY CARRIERS.
Section 4554(a) of the Balanced Budget Act of 1997
(42 U.S.C. 1395u note) is repealed.
SEC. 738. AUTHORITY TO ISSUE INTERIM FINAL REGULA-
TIONS.
The Secretary may issue any regulations needed to
implement amendments made by this subtitle as interim
final regulations.
Subtitle H—Transportation
PART I—FEDERAL AVIATION ADMINISTRATION
COST-BASED USER FEES
SEC. 811. FEDERAL AVIATION ADMINISTRATION COST-
BASED USER FEES.
(a) Chapter 453 of title 49, United States Code, is
amended by adding at the end the following:
‘‘§ 45305. Transitional fees for users of air traffic con-
trol services
‘‘(a) AUTHORITY TO ESTABLISH FEES.—
‘‘(1) IN GENERAL.—The Administrator of the
Federal Aviation Administration shall establish a
schedule of new fees, and a collection process for
such fees, to be paid by operators described in para-
graph (4) for air traffic control services provided by
the the Administration.
172
‘‘(2) DURATION OF EFFECT.—Fees established
under this section shall be effective until the Admin-
istrator adopts a permanent schedule of fees for air
traffic control services.
‘‘(3) AMOUNT
OF
FEES.—Fees authorized
under this section shall reflect, based on cost ac-
counting principles, the full cost of providing air
traffic control services, including costs associated
with research, engineering, development, operation,
maintenance, and depreciation of air traffic control
facilities and infrastructure.
‘‘(4) PERSONS
SUBJECT
TO
FEES.—The fol-
lowing operators shall be subject to fees established
under this section:
‘‘(A) Persons holding certificates under part
119 of title 14, Code of Federal Regulations.
‘‘(B) Persons holding certificates to operate an
aircraft for compensation or hire under part 125 of
title 14, Code of Federal Regulations.
‘‘(C) Foreign air carriers directly providing air
transportation.
‘‘(b) ISSUANCE OF REGULATIONS.—
‘‘(1) INTERIM FINAL RULE.—
‘‘(A) PUBLICATION.—Not later than Sep-
tember 30, 1999, the Administrator shall pub-
173
lish in the Federal Register an interim final
rule establishing an initial schedule of fees au-
thorized under this section and describing the
collection process for such fees.
‘‘(B) CONSULTATION.—Before publishing
a rule under subparagraph (A), the Adminis-
trator shall consult with interested operators
who may be subject to the rule.
‘‘(2) FINAL RULE.—After the Administrator re-
ceives public comment on the interim final rule, the
Administrator shall issue a final rule as early as is
practicable.
‘‘(c) DEPOSIT OF FEES.—Fees collected under this
section shall be deposited in the Airport and Airway Trust
Fund established under section 9502 of the Internal Rev-
enue Code of 1986 (26 U.S.C. 9502).
‘‘(d) REDUCTION
OF TAXES
FOR FISCAL YEAR
2000.—If, prior to October 1, 1999, the sum of estimated
receipts from fees established under this section for fiscal
year 2000 and estimated receipts from excise taxes to be
credited to the Airport and Airway Trust Fund for fiscal
year 2000 is projected to exceed the budgetary require-
ments for the Federal Aviation Administration for fiscal
year 2001 as shown in the Budget of the United States
Government for Fiscal Year 2000, aviation excise taxes
174
that would otherwise be applicable shall be reduced in the
same manner as provided in section 45306.
‘‘(e) AVAILABILITY
OF
FEES.—Fees authorized
under this section shall be available for obligation only to
the extent and in the amount provided in advance in ap-
propriations Acts. Such fees are authorized to be appro-
priated to remain available until expended.
‘‘SEC. 45306. ADJUSTMENT OF CERTAIN AVIATION EXCISE
TAXES.
‘‘(a) IN GENERAL.—On the date on which the Budg-
et of the United States Government is transmitted to Con-
gress in 2000, and on that date on each year thereafter,
if the sum of revenue from fees projected to be collected
under section 45305 and subchapter II of this title in the
upcoming fiscal year and amounts equivalent to excise
taxes projected to be credited to the Airport and Airway
Trust Fund in that fiscal year does not equal the budg-
etary requirements for the Federal Aviation Administra-
tion for the succeeding year, as shown in the Budget of
the United States Government for the upcoming fiscal
year, aviation excise taxes that would otherwise be im-
posed in the upcoming fiscal year shall be adjusted as fol-
lows:
‘‘(1) PASSENGER TICKET TAX.—The rate of tax
imposed under section 4261(a) of the Internal Rev-
175
enue Code of 1986 (26 U.S.C. 4261(a)) is adjusted
pursuant to the calculation made for each fiscal year
under subsection (b) of this section.
‘‘(2) INTERNATIONAL
ARRIVALS
AND
DEPAR-
TURES.—The rate of tax imposed under section
4261(c) of the Internal Revenue Code of 1986 (26
U.S.C. 4261(c)) is adjusted pursuant to the calcula-
tion made for each fiscal year under subsection (b)
of this section.
‘‘(3) AIR
CARGO.—The rate of tax imposed
under section 4271 of the Internal Revenue Code of
1986 (26 U.S.C. 4271) is adjusted pursuant to the
calculation made for each fiscal year under sub-
section (b) of this section.
‘‘(4) DOMESTIC
PASSENGER
FLIGHT
SEG-
MENTS.—The rate of tax imposed under section
4261(b) of the Internal Revenue Code of 1986 (26
U.S.C. 4261(b)) is adjusted pursuant to the calcula-
tion made for each fiscal year under subsection (b)
of this section.
‘‘(5) PASSENGER TICKET TAX FOR RURAL AIR-
PORTS.—The rate of tax imposed under section
4261(e)(1) of the Internal Revenue Code of 1986
(26 U.S.C. 4261(e)(1)) is adjusted pursuant to the
176
calculation made for each fiscal year under sub-
section (b) of this section.
‘‘(6) FREQUENT FLYER TAX.—The rate of tax
imposed under section 4261(e)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 4261(e)(3)) is ad-
justed pursuant to the calculation made for each fis-
cal year under subsection (b) of this section.
‘‘(7) COMMERCIAL AVIATION FUEL TAX.—The
rate of tax not exempted under section 4092(b)(2)
of the Internal Revenue Code of 1986 (26 U.S.C.
4092(b)(2)) is adjusted pursuant to the calculation
made for each fiscal year under subsection (b) of
this section.
‘‘(b) ADJUSTMENTS BY THE SECRETARY OF THE
TREASURY.—On the date on which the Budget of the
United States Government is transmitted to Congress in
2000, and on that date in each year thereafter, the Sec-
retary of the Treasury, in consultation with the Secretary
of Transportation, shall calculate a percent figure for the
upcoming fiscal year as follows:
‘‘(1) ESTIMATE
OF
BUDGETARY
REQUIRE-
MENTS.—The Secretary of the Treasury shall esti-
mate the budgetary requirements for the Federal
Aviation Administration for the upcoming fiscal year
177
based on the budget of the United States Govern-
ment.
‘‘(2) ESTIMATE
OF
FEES.—The Secretary of
the Treasury shall estimate the amount of user fees
imposed under section 45305 to be collected for the
upcoming fiscal year.
‘‘(3) ESTIMATE OF TAX REVENUES.—The Sec-
retary of the Treasury shall estimate the receipts in
the upcoming fiscal year from taxes that, but for
this section, would be imposed under sections
4261(a) (relating to the passenger tickets), 4261(c)
(relating to international arrivals and departures),
4271 (relating to transportation of property),
4261(b) (domestic passenger flight segments),
4261(e)(1) (relating to passenger tickets for rural
airports), and 4261(e)(3) (relating to frequent flyer
programs) of the Internal Revenue Code of 1986.
‘‘(4) CALCULATION OF ACTUAL RESOURCES.—
On the date on which the Budget of the United
States Government is transmitted to Congress in
2002, and on that date in each year thereafter, the
Secretary of Treasury shall calculate the amount
that actual budget resources, in the fiscal year that
is one year earlier than the current year, and user
fee and tax receipts credited to the Airport and Air-
178
way Trust Fund, in the fiscal year that is two years
earlier than the current year, varied from the
amounts projected in the calculation previously made
for the fiscal year that is two years earlier than the
current year under this subsection or section
45305(d). The resulting positive or negative amount
is added to the estimated amount calculated under
paragraph (3).
‘‘(5) CALCULATION
OF
ADJUSTMENTS.—The
Secretary of the Treasury shall subtract the amount
calculated under paragraph (2) from the amount
calculated under paragraph (1) and divide that re-
sult by the amount calculated under paragraph (3),
after any adjustment under paragraph (4). If the re-
sult is less than 1, subtract the resulting percentage
from 100 percent. The percent that taxes are to be
reduced for the upcoming fiscal year under sub-
section (a) is the result of this calculation. If the re-
sult is greater than 1, subtract 1 from the result.
The percent that taxes are to be increased for the
upcoming fiscal year under subsection (a) is the re-
sult of this calculation.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 453 is amended by inserting at the end the fol-
lowing:
179
‘‘45305. Transitional fee for users of air traffic control services.
‘‘45306. Adjustment of certain aviation excise taxes.’’.
PART II—COAST GUARD VESSEL NAVIGATION
ASSISTANCE FEE
SEC. 821. COAST GUARD VESSEL NAVIGATIONAL ASSIST-
ANCE FEE.
(a) IN GENERAL.—Section 2110 of title 46, United
States Code, is amended—
(1) by amending subsection (b) to read as fol-
lows:
‘‘(b)(1) Commencing in fiscal year 2000, the Sec-
retary may establish, adjust, assess, and collect annual
fees or charges to recover a portion of the costs of naviga-
tion services provided to commercial vessels by the Coast
Guard. The fees or charges shall be collected from the
owner or operator of each commercial vessel that is oper-
ated on the navigable waters of the United States.
‘‘(2) Fees authorized under this subsection shall be
available for obligation only to the extent and in the
amount provided in advance in appropriation Acts.
‘‘(3) From amounts collected pursuant to paragraph
(1), there are authorized to be appropriated to the Sec-
retary of the department in which the Coast Guard is op-
erating, to remain available until expended and ascribed
to the Coast Guard, such sums as may be necessary for
fiscal year 2000 and for each fiscal year thereafter.
180
‘‘(4)(A) Fees authorized under this subsection may
vary or be allocated to reflect the costs of navigation serv-
ices provided to different classifications of commercial ves-
sels or vessel owners or operators, taking into account fac-
tors such as the type of navigation services made available;
type, size, and capacity of the vessel; type and amount
of cargo carried; type of port or region; economic effi-
ciency; fair distribution of common costs; and other fac-
tors the Secretary considers appropriate. The total of fees
or charges imposed shall not exceed the total costs of navi-
gation services used or usable by all vessel classifications
combined, including the costs of administering, collecting,
and enforcing the fees.
‘‘(B) Fees authorized under this subsection—
‘‘(i) may be waived or reduced by the Secretary,
if in the public interest; and
‘‘(ii) shall be subject to the limitations pre-
scribed in paragraphs (3) through (5) of subsection
(a) of this section.
‘‘(5) Notwithstanding sections 553(b) and 553(c) of
title 5, the Secretary shall prescribe by interim final rule
an initial schedule of fees and the procedures for payment
and collection, which shall be effective without the neces-
sity for consideration of comments received. However,
181
public comment on the interim final rule shall be sought
and considered before a final rule is promulgated.
‘‘(6) In this subsection—
‘‘(A) ‘commercial vessel’ means a vessel used in
transporting goods or individuals by water for com-
pensation or hire or in the business of the owner,
lessee, or operator of the vessel, but does not include
a public vessel, a vessel deemed to be a public vessel
under section 827 of title 14, a recreational vessel,
a ferry, or a fishing vessel; and
‘‘(B) ‘navigation services’ means activities and
facilities used to make available or provide place-
ment and maintenance of buoys and other short-
range aids to navigation, vessel traffic services, radio
and satellite navigation systems, waterways regula-
tion, or other services that facilitate navigation of
commercial vessels, as determined by the Sec-
retary.’’;
(2) in subsection (e) by inserting after ‘‘viola-
tion’’ the following: ‘‘, except that in the case of a
fee or charge established under subsection (b) of this
section, the civil penalty shall be not less than twice
the amount of the fee or charge due under sub-
section (b)’’;
182
(3) in subsection (h) by inserting after ‘‘sec-
tion’’ the following: ‘‘(except those collected pursu-
ant to subsection (b)(1) of this section)’’; and
(4) in subsection (k) by inserting after the first
sentence the following: ‘‘This subsection does not
apply to a regulation that would promulgate a user
fee specifically authorized by law after November 13,
1998.’’.
(b) EFFECTIVE DATE OF FEES.—No fee shall be col-
lected under the amendments made by subsection (a) until
30 days after the effective date of interim final regulations
promulgated pursuant to those amendments.
PART III—HAZARDOUS MATERIALS
TRANSPORTATION SAFETY FEES
SEC. 831. HAZARDOUS MATERIALS TRANSPORTATION SAFE-
TY FEES.
Section 5108 of title 49, United States Code, is
amended—
(1) by striking subsection (b)(1)(C) and insert-
ing the following:
‘‘(C) each State in which the person car-
ries out any of the activities.’’;
(2) by striking subsection (c) and inserting the
following:
183
‘‘(c) FILING SCHEDULE.—Each person required to
file a registration statement under subsection (a) of this
section shall file that statement in accordance with regula-
tions issued by the Secretary.’’;
(3) in subsection (g)(1), by striking ‘‘may’’ and
inserting ‘‘shall’’;
(4) in subsection (g)(2)(A), by striking ‘‘$250
but not more than $5,000’’ and inserting ‘‘$500’’;
(5) in subsection (g)(2)(A), by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraph (E)’’;
(6) in subsection (g)(2)(A)(viii), by striking
‘‘sections 5108(g)(2), 5115, and 5116’’ and insert-
ing ‘‘chapter 51 (except sections 5109, 5112, and
5119)’’;
(7) by striking subsections (g)(2)(B) and
(g)(2)(C) and inserting the following:
‘‘(B) At the beginning of each fiscal year, the
Secretary shall publish a fee schedule for the fee es-
tablished under this paragraph. The fee schedule
shall be designed to collect the following amounts:
‘‘(i) Amounts authorized for that fiscal
year, from amounts in the account established
under section 5116(i), to carry out sections
5116(a), 5116(i), and 5116(j).
184
‘‘(ii) Amounts appropriated to the Re-
search and Special Programs Administration
(RSPA) for that fiscal year from amounts col-
lected under subsection (g)(2)(B)(ii).
‘‘(iii) Amounts appropriated to RSPA for
that fiscal year, from amounts in the account
established under section 5116(i), to carry out
sections 5107(e) and 5115.
‘‘(iv) Amounts authorized for that fiscal
year, from amounts in the account established
under section 5116(i), for publication and dis-
tribution of the North American Emergency
Response Guidebook.
‘‘(C) The Secretary shall transfer to the Sec-
retary of the Treasury all funds received by the Sec-
retary under this paragraph, except the amounts ap-
propriated to RSPA from amounts collected under
subsection (g)(2)(B)(ii), for deposit in the account
the Secretary of the Treasury established under sec-
tion 5116(i).
‘‘(D) 
Fees 
authorized 
under 
subsection
(g)(2)(B)(ii) shall be available for obligation only to
the extent and in the amount provided in advance in
appropriations Acts. Such fees are authorized to re-
main available until expended.
185
‘‘(E) The Secretary shall adjust the amount col-
lected under subsection (g)(2)(B) to reflect any un-
expended balance in the account established under
section 5116(i). However, the Secretary is not re-
quired to refund any fee collected under this para-
graph.’’; and
(8) in subsection (i)(2)(B), by striking ‘‘State,’’
and inserting ‘‘State, an Indian tribe,’’.
PART IV—COMMERCIAL ACCIDENT
INVESTIGATION FEES
SEC. 841. COMMERCIAL ACCIDENT INVESTIGATION USER
FEES.
(a) IN GENERAL.—Chapter 11 of title 49, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 1120. Commercial accident investigation fees
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY.—A fee for service to offset,
on an annual basis and to the extent provided in this
subsection, the costs of investigation of commercial
transportation accidents and incidents, may be col-
lected by the United States Government as specified
in this section.
‘‘(2) USE AND AVAILABLITY.—Except as pro-
vided under paragraph (4), fees authorized under
186
this section shall be available for obligation, to re-
main available until expended, only to the extent and
in the amount provided in advance in appropriations
Acts for the investigation by the National Transpor-
tation Safety Board of accidents involving air, ocean
and inland waterways, and rail carriers.
‘‘(3) DEPOSIT.—Each fee collected under this
section shall be deposited as an offsetting collection
to the account that is the source of funds used to
pay the costs of accident investigations.
‘‘(4) 
EXCESS
AMOUNTS.—Notwithstanding
paragraphs (2) and (3), amounts collected under
this section that exceed $10,000,000 in any fiscal
year shall be transferred to the emergency fund es-
tablished under section 1118(b), and shall be avail-
able until expended for unforeseen costs attributable
to investigations by the National Transportation
Safety Board of extraordinary accidents involving
air, ocean and inland waterways, and rail carriers.
‘‘(b) AIRCRAFT ACCIDENT INVESTIGATION FEE.—To
the extent that a fee for service is newly imposed on the
operation of a commercial aircraft in United States air-
space (or on a flight segment to or from the United
States) by the Administrator of the Federal Aviation Ad-
ministration after September 30, 1999, the amount of the
187
fee shall, in fiscal year 2000 and each succeeding fiscal
year in which the fee is imposed, be automatically in-
creased under the authority of this section by a pro rata
amount that allocates over the total fees imposed on an
aircraft for the fiscal year, the amount that is equivalent
to the revenue hours of service of the aircraft in United
States airspace (or on a flight segment to or from the
United States) during the fiscal year, multiplied by
$00.60.
‘‘(c) RAILROAD ACCIDENT INVESTIGATION FEE.—To
the extent that a fee for service is newly imposed on the
operation of a rail carrier, as defined in section 10102 of
this title, by the Secretary of Transportation after Sep-
tember 30, 1999, the amount of the fee shall, in fiscal
year 2000 and each succeeding fiscal year in which the
fee is imposed, be automatically increased under the au-
thority of this section by a pro rata amount that allocates
over the total fees imposed on the rail carrier for the fiscal
year, the amount that is equivalent to the number of train
miles of the rail carrier for the fiscal year, multiplied by
$00.00313.
‘‘(d) COMMERCIAL VESSEL ACCIDENT INVESTIGA-
TION FEE.—To the extent that a fee for service is newly
imposed by statute on the use of port facilities at harbors
within the United States by commercial vessels after Sep-
188
tember 30, 1999, the amount of the fee shall, in fiscal
year 2000 and each succeeding fiscal year in which the
fee is imposed, be automatically increased under the au-
thority of this section by a pro rata amount that allocates
over the total fees imposed on the commercial vessel for
the fiscal year, the amount this is equivalent to the num-
ber of vessel movements of the vessel during the fiscal
year, multiplied by $00.09.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter II of chapter 11 of title 49, United States
Code, is amended by inserting at the end the following:
‘‘1120. Commercial accident investigation user fees.’’.
PART V—SURFACE TRANSPORTATION BOARD
USER FEES
SEC. 851. SURFACE TRANSPORTATION BOARD USER FEES.
Section 705 of title 49, United States Code, is
amended—
(1) by inserting ‘‘(a) AUTHORIZATIONS.—’’ be-
fore ‘‘There’’ at the beginning of the section;
(2) by striking ‘‘and’’ at the end of paragraph
(2);
(3) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(4) by adding after paragraph (3) the following:
189
‘‘(4) $17,000,000 for fiscal year 2000, which
shall be derived from fees collected in the fiscal year
by the Board.
‘‘(b) USER FEES AND CHARGES.—
‘‘(1) IN
GENERAL.—Beginning in fiscal year
2000, the Board is authorized to assess and collect
fees and annual charges in each fiscal year in
amounts equal to all of the costs incurred by the
Board in that fiscal year.
‘‘(2) AMOUNT.—The amount of fees and
charges imposed by the Board under this subsection
shall be computed using methods that the Board de-
termines, by rule, to be fair and equitable.
‘‘(3) USE AND AVAILABILITY.—Fees authorized
under this section shall be available for obligation, to
remain available until expended, only to the extent
and in the amount provided in advance in appropria-
tion Acts.’’.
PART VI—RAIL SAFETY USER FEES
SEC. 861. RAIL SAFETY INSPECTION USER FEES.
Section 20115 of title 49, United States Code, is
amended—
(1) in subsection (a)—
(A) by striking ‘‘chapter’’ in the first sen-
tence and inserting ‘‘part’’; and