§9701 — Title 31 Money and Finance | U.S. Code

Summary

Agencies should try to make the services or things they provide pay for themselves when possible. That rule does not apply to mixed-ownership government corporations or to people doing official U.S. Government work. Agency heads may set rules and charges for those services. Executive agencies must follow the President’s policies and keep charges as uniform as practical. Charges must be fair and based on government cost, value to the user, public interest, and other relevant facts. This does not change any law that bans charging or that already says how charges must be set; fees can only be adjusted if they stay consistent with those laws.

Title 31, §9701

Money and Finance — Source: USLM XML via OLRC

(a)It is the sense of Congress that each service or thing of value provided by an agency (except a mixed-ownership Government corporation) to a person (except a person on official business of the United States Government) is to be self-sustaining to the extent possible.

(b)The head of each agency (except a mixed-ownership Government corporation) may prescribe regulations establishing the charge for a service or thing of value provided by the agency. Regulations prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as uniform as practicable. Each charge shall be—

(1)fair; and

(2)based on—

(A)the costs to the Government;

(B)the value of the service or thing to the recipient;

(C)public policy or interest served; and

(D)other relevant facts.

(c)This section does not affect a law of the United States—

(1)prohibiting the determination and collection of charges and the disposition of those charges; and

(2)prescribing bases for determining charges, but a charge may be redetermined under this section consistent with the prescribed bases.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 970131:483a.Aug. 31, 1951, ch. 376, § 501, 65 Stat. 290. In the section, the words “agency (except a mixed-ownership Government corporation)” are substituted for “Federal agency (including wholly owned Government corporations as defined in the Government Corporation Control Act of 1945 [31 U.S.C. 841 et seq.]” because of section 101 of the revised title and for consistency. In subsection (a), the words “each service or thing of value provided” are substituted for “any work, service, publication, report, document, benefit, privilege, authority, use, franchise, license, permit, certificate, registration or similar thing of value or utility performed, furnished, provided, granted, prepared, or issued” for consistency and to eliminate unnecessary words. The words “(including groups, associations, organizations, partnerships, corporations, or businesses)” are omitted as being included in “person” under 1:1. In subsection (b), before clause (1), the words “may prescribe

Regulations

establishing the charge for a service or thing of value provided by the agency” are substituted for “is authorized by regulation . . . to prescribe therefor such fee, charge, or price, if any, as he shall determine, in case none exists, or redetermine, in case of any existing one” for consistency, to eliminate unnecessary words, and because of the restatement. In clause (1), the words “and equitable” are omitted as being included in “fair”. In clause (2)(A), the words “direct and indirect” are omitted as surplus. In clause (2)(B), the words “of the service or thing” are added for clarity. In clause (2)(D), the words “and any amount so determined or redetermined shall be collected and paid into the Treasury as miscellaneous receipts” are omitted as unnecessary because of section 3302(a) of this title. Subsection (c) is substituted for 31:483a(provisos) for clarity and to eliminate unnecessary words.

Statutory Notes and Related Subsidiaries

Short Title

of 1992 Amendment Pub. L. 102–393, title VI, § 638(a), Oct. 6, 1992, 106 Stat. 1779, provided that: “This section [enacting section 9703 of this title and amending section 981 and 982 of Title 18, Crimes and Criminal Procedure, section 1509 of Title 21, Food and Drugs, section 524 of Title 28, Judiciary and Judicial Procedure, and section 2003 of Title 39, Postal Service] may be cited as the ‘Treasury Forfeiture Fund Act of 1992’.”

§9701 Fees and charges for Government services and things of value