§ 9701. — Fees and charges for Government services and things of value.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC9701]
TITLE 31--MONEY AND FINANCE
SUBTITLE VI--MISCELLANEOUS
CHAPTER 97--MISCELLANEOUS
Sec. 9701. Fees and charges for Government services and things
of value
(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.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1051.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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9701................................. 31:483a. Aug. 31, 1951, ch. 376, Sec. 501, 65
Stat. 290.
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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.
Short Title of 1992 Amendment
Pub. L. 102-393, title VI, Sec. 638(a), Oct. 6, 1992, 106 Stat.
1779, provided that: ``This section [enacting section 9703 of this title
and amending sections 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'.''
Section Referred to in Other Sections
This section is referred to in title 7 section 2242a; title 8
section 1455; title 12 section 78n; title 14 section 664; title 16
sections 222, 746a, 1862; title 19 section 58c; title 28 section 1828;
title 33 section 2607; title 42 sections 2201, 2214, 4370c, 7552; title
46 sections 2110, 12505; title 49 sections 13908, 44721, 44940.
