Sec. 201 Vehicle safety user fee
“30108. Vehicle safety user fee
“(a) Establishment of fund—There is established in the Treasury of the United States a separate account for the deposit of fees under this section to be known as the Vehicle Safety Fund.
“(b) Assessment and collection of vehicle safety fees—Beginning 1 year after the date of enactment of the Motor Vehicle Safety Act of 2014, the Secretary shall assess and collect, in accordance with this section, a vehicle safety user fee from the manufacturer for each motor vehicle that is certified as compliant with applicable motor vehicle safety standards under section 30115.
“(c) Deposit—The Secretary shall deposit any fees collected under subsection (b) into the Vehicle Safety Fund established by subsection (a).
“(d) Use—Amounts in the Vehicle Safety Fund shall be available to the Secretary, as provided in subsection (i), for making expenditures to meet the obligations of the United States to carry out vehicle safety programs of the National Highway Traffic Safety Administration.
“(e) Vehicle safety user fee
“(1) First, second, and third year fees—The fee assessed under this section for the first 3 years shall be as follows:
“(A) $3 for each motor vehicle certified during the first year in which such fees are assessed.
“(B) $6 for each motor vehicle certified during the second year in which such fees are assessed.
“(C) $9 for each motor vehicle certified during the third year in which such fees are assessed.
“(2) Subsequent years—The fee assessed under this section for each motor vehicle certified after the third year in which such fees are assessed shall be adjusted by the Secretary by notice published in the Federal Register to reflect the total percentage change that occurred in the Consumer Price Index for all Urban Consumers for the 12-month period ending June 30 preceding the fiscal year for which fees are being established.
“(3) Payment—The Secretary shall require payment of fees under this section on a quarterly basis and not later than one quarter after the date on which the fee was assessed.
“(f) Rulemaking—Not later than 9 months after the date of enactment of the Motor Vehicle Safety Act of 2014, the Secretary shall promulgate rules governing the collection and payment of fees under this section.
“(g) Limitations
“(1) In general—Fees under this section shall not be collected for a fiscal year unless appropriations for vehicle safety programs of the National Highway Traffic Safety Administration for that fiscal year (excluding the amount of fees appropriated for that fiscal year) are equal to or greater than the amount of appropriations for vehicle safety programs of the National Highway Traffic Safety Administration for fiscal year 2014.
“(2) Authority—If the Secretary does not assess fees under this section during any portion of a fiscal year because of paragraph (1), the Secretary may assess and collect the fees, without any modification in the rate, at a later date in that fiscal year notwithstanding subsection (e)(3).
“(h) Collection of unpaid fees—If the Secretary does not receive payment of a fee assessed under this section within 30 days after it is due, the fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31.
“(i) Authorization of appropriations—In addition to funds authorized to be appropriated under section 30104, there is authorized to be appropriated from the Vehicle Safety Fund to the Secretary for the National Highway Traffic Safety Administration for each fiscal year in which fees are collected under subsection (b) an amount equal to the total amount collected during the previous fiscal year from fees assessed under this section. Such amounts are authorized to remain available until expended.
“(j) Crediting and Availability of Fees—Fees authorized under subsection (b) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts.”