Skinner v. Mid-Am. Pipeline Co., 490 U.S. 212 (1989). · Go Syfert
Skinner v. Mid-Am. Pipeline Co., 490 U.S. 212 (1989). Cases Citing This Book View Copy Cite
“appeals from district court judgments finding acts of congress unconstitutional ... must now be taken to the appropriate federal court of appeals, pursuant to 28 u.s.c. 1291 .”
297 citation events (113 in the last 25 years) across 34 distinct courts.
Strongest positive: Debra Walker v. The United States Department of Housing and Urban Development v. The Housing Authority of the City of Dallas (ca5, 1990-09-27) · Strongest negative: Clinton v. City of New York (scotus, 1998-06-25)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 34 distinct citers.
discussed Cited "but see" Clinton v. City of New York (2×) also: Cited as authority (rule)
SCOTUS · 1998 · signal: but cf. · confidence high
But cf. Skinner v. Mid-America Pipeline, supra, at 222-223 (no “different and stricter” nondelegation doctrine in the taxation context).
examined Cited as authority (quoted) Debra Walker v. The United States Department of Housing and Urban Development v. The Housing Authority of the City of Dallas (2×)
5th Cir. · 1990 · quote attribution · 2 verbatim quotes · confidence low
appeals from district court judgments finding acts of congress unconstitutional ... must now be taken to the appropriate federal court of appeals, pursuant to 28 u.s.c. 1291 .
cited Cited as authority (rule) United States v. Pheasant
9th Cir. · 2025 · confidence medium
Pipeline Co., 490 U.S. 212, 223 (1989).
discussed Cited as authority (rule) V.O.S. Selections, Inc. v. Trump
Fed. Cir. · 2025 · confidence medium
Pipeline Co., 490 U.S. 212, 224 (1989) (quoting Fed.
examined Cited as authority (rule) FCC v. Consumers' Research (5×) also: Cited "see"
SCOTUS · 2025 · confidence medium
In Skinner v. Mid-America Pipeline Co., 490 U. S. 212, 220 (1989), another litigant urged that “Congress’ taxing power” can be delegated only “with much stricter guide- lines” than are normally used.
examined Cited as authority (rule) Consumers' Research v. FCC (3×) also: Cited "see"
5th Cir. · 2024 · confidence medium
Pipeline Co., 490 U.S. 212, 223 (1989) (quoting Nat’l Cable, 415 U.S. at 343 ).
cited Cited as authority (rule) Bradford v. U.S. Department of Labor
10th Cir. · 2024 · confidence medium
Pipeline Co., 490 U.S. 212, 218 (1989) (citation omitted).
cited Cited as authority (rule) Allstates Refractory Contractors v. Julie Su
6th Cir. · 2023 · confidence medium
Pipeline Co., 490 U.S. 212, 218 (1989) (quoting Mistretta, 488 U.S. at 379 ) (reaffirming this “longstanding principle”); see Yakus, 321 U.S. at 426 .
cited Cited as authority (rule) NVLSP v. United States
Fed. Cir. · 2020 · confidence medium
Pipeline Co., 490 U.S. 212, 224 (1989) (requiring clear indication of intent to delegate this power).
discussed Cited as authority (rule) Athens School District v. Vermont State Board of Education
Vt. · 2020 · confidence medium
The U.S. Supreme Court has recognized that as long as a legislative body “provides an administrative agency with standards guiding its actions such that a court could ascertain whether the will of [that body] had been obeyed, no delegation of legislative authority trenching on the principle of separation of powers has occurred.” Skinner v. Mid-America Pipeline Co., 490 U.S. 212, 218 (1989) (quotations omitted); see Whitman v. Am.
discussed Cited as authority (rule) National Veterans Legal Services Program v. United States
D.D.C. · 2018 · confidence medium
Pipeline Co., 490 U.S. 212, 224 (1989) (“Congress must indicate clearly its intention to delegate to the Executive the discretionary authority to recover administrative costs not inuring directly to the benefit of regulated parties by imposing additional financial burdens, whether characterized as ‘fees’ or ‘taxes,’ on those parties.”).
discussed Cited as authority (rule) Thomas, William v. Network Solutions
D.C. Cir. · 1999 · confidence medium
In Skinner v. Mid-America Pipeline Co., 490 U.S. 212, 214-15, 222-23 , 109 S.Ct. 1726 , 104 L.Ed.2d 250 (1989), the Court sustained Congress’s delegation of its taxing power in a provision, entitled “Pipeline safety user fees,” directing the Secretary of Transportation to establish a system of “user fees” to cover costs of administering federal pipeline safety programs.
discussed Cited as authority (rule) Loving v. United States (2×)
SCOTUS · 1996 · confidence medium
This power is no less plenary than other Article I powers, Solorio, supra, at 441 , and we discern no reasons why Congress should have less capacity to make measured and appropriate delegations of this power than of any other, see Skinner v. Mid-America Pipeline Co., 490 U. S. 212, 220-221 (1989) (Congress may delegate authority under the taxing power); cf. Lichter v. United States, 334 U. S. 742, 778 (1948) (general rule is that “[a] constitutional power implies a power of delegation of authority under it sufficient to effect its purposes”) (emphasis deleted).
examined Cited as authority (rule) Massieu v. Reno (3×) also: Cited "see, e.g."
D.N.J. · 1996 · confidence medium
Thus, in Skinner v. Mid-America Pipeline Co., 490 U.S. 212 , 109 S.Ct. 1726 , 104 L.Ed.2d 250 (1989), the Court reaffirmed the emphasis on judicial review by stating that “so long as Congress provides an administrative agency with standards guiding its actions stick that a court could ‘ascertain whether the will of Congress has been obeyed,’ no delegation of legislative authority trenching on the principle of separation of powers has occurred.” Id. at 218 , 109 S.Ct. at 1731 (emphasis added) (quoting Mistretta v. United States, 488 U.S. 361, 379 , 109 S.Ct. 647, 658 , 102 L.Ed.2d 714 (…
discussed Cited as authority (rule) Western Waste Indus. v. Commissioner
Tax Ct. · 1995 · confidence medium
In evaluation of the regulation, we are mindful of the Supreme Court’s admonition: “The choice among reasonable interpretations of the Internal Revenue Code is for the Commissioner, not the courts.” Skinner v. Mid-America Pipeline Co., 490 U.S. 212, 222 (1989) (quoting National Muffler Dealers Association, Inc. v. United States, supra at 488).
discussed Cited as authority (rule) Dupont v. Com. IRS
3rd Cir. · 1994 · confidence medium
Reg. § 1.58-9 , we are mindful of the Supreme Court's admonition: "The choice among reasonable interpretations [of the Internal Revenue Code] is for the Commissioner, not the courts." Skinner v. Mid-America Pipeline, 490 U.S. 212, 222 (1989) (quoting National Muffler Dealers Ass'n v. United States, 440 U.S. 472, 488 (1979)).
discussed Cited as authority (rule) Touby v. United States (2×) also: Cited "see, e.g."
SCOTUS · 1991 · confidence medium
They explain that the purpose of requiring an "intelligible principle" is to permit a court to "`ascertain whether the will of Congress has been obeyed.'" Skinner v. Mid-America Pipeline Co., 490 U. S. 212, 218 (1989), quoting Yakus, supra, at 426 .
discussed Cited as authority (rule) Touby v. United States (2×) also: Cited "see, e.g."
SCOTUS · 1991 · confidence medium
They explain that the purpose of requiring an “intelligible principle” is to permit a court to “‘ascertain whether the will of Congress has been obeyed.’” Skinner v. Mid-America Pipeline Co., 490 U. S. 212, 218 (1989), quoting Yakus, supra, at 426 .
discussed Cited as authority (rule) Touby v. United States (2×) also: Cited "see, e.g."
SCOTUS · 1991 · confidence medium
They explain that the purpose of requiring an “intelligible principle” is to permit a court to “‘ascertain whether the will of Congress has been obeyed.’” Skinner v. Mid-America Pipeline Co., 490 U. S. 212, 218 (1989), quoting Yakus, supra, at 426 .
discussed Cited "see" Unum Life Insurance Company of America v. District of Columbia
D.C. · 2020 · signal: see · confidence high
See Skinner, 490 U.S. at 219 (affirming delegation by Congress to Secretary of Transportation to set user fees according to specific criteria where the fee schedule must “bear a reasonable 24 relationship to these criteria” (internal quotation marks omitted)).
examined Cited "see" Retfalvi v. United States (7×)
E.D.N.C. · 2018 · signal: see · confidence high
See id.
examined Cited "see" United States v. E.I. DuPont De Nemours & Co. (7×) also: Cited "see, e.g."
3rd Cir. · 2005 · signal: see · confidence high
National Cable addressed the imposition of user fees by the Federal Communications Commission on parties it was authorized to regulate. 415 U.S. at 337-38 , 94 S.Ct. 1146 ; see Skinner, 490 U.S. at 224 , 109 S.Ct. 1726 (explaining National Cable struck down “agencies’ efforts to receive from regulated parties costs for benefits inuring to the public generally”).
cited Cited "see" M.G. Maher & Co. Ex Rel. Van Zyverden, Inc. v. United States
Ct. Intl. Trade · 2002 · signal: see · confidence high
See Skinner v. Mid America Pipeline Co., 490 U.S. 212, 223 (1989).
cited Cited "see" Nagahi v. Immigration & Naturalization Service
10th Cir. · 2000 · signal: see · confidence high
See id.
examined Cited "see" United States v. L. Robert Frame, Sr. And Vintage Sales Stables, Inc. (6×)
3rd Cir. · 1989 · signal: see · confidence high
See Skinner v. Mid-America Pipeline, --- U.S. ----, 109 S.Ct. 1726, 1729 , 104 L.Ed.2d 250 (1989) (characterizing Section 7005 of Consolidated Omnibus Budget Act of 1985, codified at 42 U.S.C.App.
examined Cited "see, e.g." Gundy v. United States (3×)
unknown court · 2019 · signal: see, e.g. · confidence low
See, e.g. , Skinner v. Mid-America Pipeline Co. , 490 U.S. 212 , 215, 219-220, 109 S.Ct. 1726 , 104 L.Ed.2d 250 (1989) (statute directing Secretary of Transportation to establish pipeline safety user fees " 'sufficient to meet the costs of [specified] activities' " but not " 'exceed[ing] 105 percent of the aggregate of appropriations made for such fiscal year for activities to be funded by such fees' "). 500 U.S. 160 , 166, 111 S.Ct. 1752 , 114 L.Ed.2d 219 (1991).
discussed Cited "see, e.g." American Council of Life Insurers v. District of Columbia Health Benefit Exchange Authority (2×)
D.D.C. · 2014 · signal: see, e.g. · confidence low
See, e.g., Skinner, 490 U.S. at 215 , 109 S.Ct. 1726 (finding no fault with Congress granting power to the Department of Transportation to levy natural gas pipeline user fees in an amount “sufficient to meet the costs of [administrative] activities [related to the Pipeline Safety Acts] ... but at no time shall the aggregate of fees received for any fiscal year ... exceed 105 percent of the aggregate of appropriations made for such fiscal year for activities to be funded by such fees.” (quoting the Consolidated Omnibus Budget Reconciliation Act of 1995 § 7005(d), 49 U.S.C. § 1682a (1982))…
examined Cited "see, e.g." Mayo Foundation for Medical Education & Research v. United States (3×)
SCOTUS · 2011 · signal: see, e.g. · confidence low
See, e.g., Skinner v. Mid-America Pipeline Co., 490 U.S. 212, 222-223 , 109 S. Ct. 1726 , 104 L.
discussed Cited "see, e.g." Mayo Foundation for Medical Education & Research v. United States
SCOTUS · 2011 · signal: see, e.g. · confidence medium
See, e. g., Skinner v. Mid-America Pipeline Co., 490 U. S. 212, 222-223 (1989) (declining to apply “a different and stricter nondelegation doctrine in cases where Congress delegates discretionary authority to the Executive under its taxing power”).
examined Cited "see, e.g." Boumediene, Lakhdar v. Bush, George (6×)
D.C. Cir. · 2007 · signal: see also · confidence low
The Supreme Court has found similar meaning in the placement of constitutional clauses ever since McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 419-21 , 4 L.Ed. 579 (1819) (Necessary and Proper Clause); see also, e.g., Skinner v. Mid-America Pipeline Co., 490 U.S. 212, 220-21 , 109 S.Ct. 1726 , 104 L.Ed.2d 250 (1989) (Taxing Clause). 57 The court also alludes to the idea that the Suspension Clause cannot apply to foreign military conflicts because the exception extends only to cases of "Rebellion or Invasion." Op. at 992 n. 11.
examined Cited "see, e.g." Byrd v. Raines (3×)
D.D.C. · 1997 · signal: see, e.g. · confidence low
See, e.g., Skinner v. Mid-America Pipeline Co., 490 U.S. 212, 219 , 109 S.Ct. 1726, 1731 , 104 L.Ed.2d 250 (1989) (upholding delegation of authority to establish and collect pipeline safety fees); Lichter v. United States, 334 U.S. 742, 778 , 68 S.Ct. 1294, 1313 , 92 L.Ed. 1694 (1948) (upholding grant of power to recover excessive wartime profits); and Yakus v. United States, 321 U.S. 414, 424 , 64 S.Ct. 660, 667 , 88 L.Ed. 834 (1944) (upholding broad delegation of price-fixing authority). 13 .
examined Cited "see, e.g." Seafarers International Union of North America, Appellants/cross-Appellees v. United States Coast Guard, Appellees/cross-Appellants (3×)
D.C. Cir. · 1996 · signal: see also · confidence low
See National Cable Television Ass’n, Inc. v. United States, 415 U.S. 336, 342 , 94 S.Ct. 1146, 1149-50 , 39 L.Ed.2d 370 (1974) (NCTAI); Federal Power Comm’n v. New England Power Co., 415 U.S. 345, 351 , 94 S.Ct. 1151, 1155 , 39 L.Ed.2d 383 (1974); see also Skinner v. Mid-America Pipeline Co., 490 U.S. 212, 224 , 109 S.Ct. 1726, 1733-34 , 104 L.Ed.2d 250 (1989).
examined Cited "see, e.g." Tommy Land, Cross-Appellee v. Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Health and Welfare Fund (3×)
7th Cir. · 1994 · signal: see, e.g. · confidence low
See, e.g., Skinner v. Mid-America Pipeline Co., 490 U.S. 212 , 109 S.Ct. 1726 , 104 L.Ed.2d 250 (1989) (delegation of authority to Secretary of Transportation to develop a system of user fees to cover the cost of administering federal pipeline safety programs); Mistretta v. United States, 488 U.S. 361 , 109 S.Ct. 647 , 102 L.Ed.2d 714 (1989) (delegation of power to promulgate sentencing guidelines to independent Sentencing Commission); Lichter v. United States, 334 U.S. 742 , 68 S.Ct. 1294 , 92 L.Ed. 1694 (1948) (delegation of authority to War Department to recover excessive profits on militar…
discussed Cited "see, e.g." National Railroad Passenger Corporation v. The City of New York (2×)
2d Cir. · 1989 · signal: see also · confidence low
National Cable, 415 U.S. at 340 , 94 S.Ct. at 1149 ; see also Skinner v. Mid-America Pipeline Co., — U.S. -, -, 109 S.Ct. 1726, 1731-35 , 104 L.Ed.2d 250 (1989); Spiers v. Ohio Dep’t of Natural Resources (In re Jenny Lynn Mining Co.), 780 F.2d 585, 588-89 (6th Cir.), cert. denied, 477 U.S. 905 , 106 S.Ct. 3276 , 91 L.Ed.2d 566 (1986); County Sanitation Dist.
Skinner, Secretary of Transportation
v.
Mid-America Pipeline Co.
87-2098.
Supreme Court of the United States.
Apr 25, 1989.
490 U.S. 212
Deputy Solicitor General Merrill argued the cause for appellant. With him on the briefs were former Solicitor General Fried, Acting Assistant Solicitor General Bryson, Assistant Attorney General Bolton, Brian J. Martin, and Bruce G. Forrest., Richard McMillan, Jr., argued the cause for appellee. With him on the brief were Clifton S. Elgarten, Luther Zeigler, and Kristen E. Cook.*
O'Connor.
Cited by 94 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: Fifth Circuit (2)
Justice O’Connor

delivered the opinion of the Court.

We decide today whether § 7005 of the Consolidated Omnibus Budget Reconciliation Act of 1985, which directs the Secretary of Transportation to establish a system of user fees to cover the costs of administering certain federal pipeline safety programs, is an unconstitutional delegation of the taxing power by Congress to the Executive Branch. We hold that it is not.

I

A

In 1986, Congress enacted the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), Pub. L. 99-272, 100 Stat. 82. Section 7005 of COBRA, codified at 49 U. S. C. App. § 1682a (1982 ed., Supp. IV), and entitled “Pipeline safety user fees,” directs the Secretary of Transportation (Secretary) to “establish a schedule of fees based on the usage, in reasonable relationship to volume-miles, miles, revenues, or an appropriate combination thereof, of natural gas and hazardous liquid pipelines.” § 7005(a)(1). These fees are to be collected annually, § 7005(b), from “persons operating — (A) all pipeline facilities subject to the Hazardous Liquid Pipeline Safety Act of 1979 (49 U. S. C. App. 2001 et seq.); and (B) all pipeline transmission facilities and all liqui[*215] fied natural gas facilities subject to the jurisdiction of the Natural Gas Pipeline Safety Act of 1968 (49 U. S. C. App. 1671 et seq.).” § 7005(a)(3). The Hazardous Liquid Pipeline Safety Act (HLPSA) regulates interstate and intrastate pipelines carrying petroleum, petroleum products, or anhydrous ammonia. See 49 CFR pt. 195 (1987). The Natural Gas Pipeline Safety Act of 1968 (NGPSA), in turn, regulates certain liquified natural gas (LNG) facilities, see 49 CFR pt. 193 (1987), as well as interstate and intrastate pipelines carrying natural gas, flammable gas, or gas that is toxic or corrosive, see 49 CFR pts. 191, 192 (1987).

The fees collected under §7005 of COBRA are to be used “to the extent provided for in advance in appropriation Acts, only—

“(1) in the case of natural gas pipeline safety fees, for activities authorized under the Natural Gas Pipeline Safety Act of 1968 . . . ; and
“(2) in the case of hazardous liquid pipeline safety fees, for activities authorized under the Hazardous Liquid Pipeline Safety Act of 1979 . . . .” § 7005(c).

These “activities” include Department of Transportation expenses incurred in administering the Pipeline Safety Acts, such as salaries, travel, printing, communication, and supplies, as well as “regulatory, enforcement, training and research costs, and State grants-in-aid.” 51 Fed. Reg. 25783 (1986). The fees assessed and collected are to be “sufficient to meet the costs of [these] activities . . . but at no time shall the aggregate of fees received for any fiscal year . . . exceed 105 percent of the aggregate of appropriations made for such fiscal year for activities to be funded by such fees.” § 7005(d). Section 7005 of COBRA is one of a number of recent congressional enactments designed to make various federal regulatory programs partially or entirely self-financing. E. g., §3401 of the Omnibus Budget Reconciliation Act of 1986, 100 Stat. 1890, codified at 42 U. S. C. §7178 (1982 ed., Supp. IV) (entire regulatory budget of the Federal Energy[*216] Regulatory Commission); COBRA §7601, codified at 42 U. S. C. §2213 (1982 ed., Supp. IV) (33 percent of regulatory budget of the Nuclear Regulatory Commission; 45 percent in fiscal years 1988 and 1989).

Pursuant to the mandate of § 7005, the Secretary published fee schedules for fiscal year (FY) 1986 on July 16, 1986. 51 Fed. Reg. 25782 (1986). Prior to publication, the Secretary consulted the pipeline industry’s major trade associations for assistance in determining the appropriate basis for assessing fees within the range of options permitted by § 7005(a)(1). The consensus of these trade associations — the American Petroleum Institute, the American Gas Association, the Interstate Natural Gas Association of America, and the Association of Oil Pipe Lines —was that pipeline mileage (referred to simply as “miles” in § 7005) would provide “the most reasonable basis for determining fees . . . .” 51 Fed. Reg. 25782 (1986). The Secretary agreed with this consensus for purposes of the FY 1986 fee schedules. In comments submitted to the Secretary for consideration of possible changes to be made in the fee schedules for FY 1987, about one-third of those commenting objected to pipeline mileage as the basis for assessing fees, arguing that volume-miles would provide a more accurate indicator of the term “usage” in §7005 and that mileage alone did not fairly reflect the Department of Transportation’s enforcement expenditures. The Secretary decided to continue assessing § 7005 fees based on mileage because of the ease of administering such a system and because “long pipelines of small diameter require just as much if not more enforcement effort than shorter pipelines of large diameter.” Id., at 46978.

The Secretary also determined that the total pipeline safety program costs, excluding State grants-in-aid, should be allocated at 80 percent for persons regulated by the NGPSA and 20 percent for persons regulated by the HLPSA. The costs of grants were to be allocated at 95 percent for persons regulated by the NGPSA and 5 percent for[*217] persons regulated by the HLPSA. Five percent of the total gas program costs were to be borne by LNG facility operators allocated as a function of storage capacity and number of LNG plants. Id., at 25783, 46976. Finally, the Secretary estimated that the administrative costs of assessing fees on the 23 percent of the Nation’s gas operators with less than 10 miles of gas pipeline and the 17 percent of the Nation’s hazardous liquid operators with less than 30 miles of hazardous liquid pipeline would exceed the value of the fees assessed. Accordingly, the Secretary exempted these small mileage operators from assessment of § 7005 fees. Ibid.

On the basis of this fee schedule framework, the Secretary set fees of $23.99 per mile for gas pipelines and $6.41 per mile for hazardous liquid pipelines in FY 1986. Operators of LNG facilities were assessed lump sums ranging from $1,250 to $7,500 per plant. Id., at 25783. The total costs for both pipeline safety programs were $7,773 million, $8,523 million, and $8,550 million for FY’s 1986, 1987, and 1988 respectively. Brief for Appellant 4, n. 2. Expenses for FY 1989 are estimated at $9.3 million. See Department of Transportation and Related Agencies Appropriations Act, 1989, Pub. L. 100-457, 102 Stat. 2143-2144.

B

Appellee Mid-America Pipeline Company, based in Tulsa, Oklahoma, owns and operates pipelines that transport hazardous liquids and is, therefore, subject to the regulatory strictures of the HLPSA. On July 28, 1986, pursuant to its recently published fee schedule, the Secretary assessed Mid-America $53,023.52 as its share of the cost of federal administration of the HLPSA. Mid-America paid that sum under protest and filed suit against the Secretary in the United States District Court for the Northern District of Oklahoma seeking declaratory and injunctive relief. On cross-motions for summary judgment, the United States Magistrate assigned to the case recommended that §7005 of COBRA be[*218] struck down as an unconstitutional delegation to the Department of Transportation of Congress’ taxing power. Relying primarily on our decisions in National Cable Television Assn., Inc. v. United States, 415 U. S. 336 (1974), and FPC v. New England Power Co., 415 U. S. 345 (1974), the Magistrate concluded that the assessments made under § 7005 are taxes rather than fees. The Magistrate then determined in light of J. W. Hampton, Jr., & Co. v. United States, 276 U. S. 394 (1928), and American Power & Light Co. v. SEC, 329 U. S. 90 (1946), that, in enacting §7005, Congress did not give the kind of guidance to the Secretary necessary to avoid the conclusion that Congress had unconstitutionally delegated its taxing power to the Executive Branch.

The District Court adopted these conclusions and entered judgment for Mid-America on February 9, 1988. Invoking this Court’s appellate jurisdiction under 28 U. S. C. § 1252, the Secretary appealed the decision of the District Court directly to this Court and we noted probable jurisdiction. Sub nom. Burnley v. Mid-America Pipeline Co., 488 U. S. 814 (1988). Because the District Court entered its judgment before September 25, 1988, the repeal of 28 U. S. C. § 1252 by Public Law 100-352, §1, 102 Stat. 662, does not affect our jurisdiction in this case. Appeals from district court judgments finding Acts of Congress unconstitutional and entered after the repealer’s effective date, however, must now be taken to the appropriate federal court of appeals, pursuant to 28 U. S. C. § 1291.

II

Earlier this Term, in Mistretta v. United States, 488 U. S. 361 (1989), we revisited the nondelegation doctrine and reaffirmed our longstanding principle that so long as Congress provides an administrative agency with standards guiding its actions such that a court could “ ‘ascertain whether the will of Congress has been obeyed,”’ no delegation of legislative authority trenching on the principle of separation of powers has occurred. Id., at 379, quoting Yakus v. United States, 321[*219] U. S. 414, 426 (1944). See American Power & Light Co. v. SEC, supra, at 105 (It is “constitutionally sufficient if Congress clearly delineates the general policy, the public agency which is to apply it, and the boundaries of this delegated authority. Private rights are protected by access to the courts to test the application of the policy in the light of these legislative declarations”).

Appellee Mid-America does not seriously contend that the guidelines provided by Congress to the Secretary in § 7005 do not meet the normal requirements of the nondelegation doctrine as we have applied it. Nor could Mid-America support any such contention. In enacting § 7005, Congress delimited the scope of the Secretary’s discretion with much greater specificity than in delegations that we have upheld in the past. Cf. Lichter v. United States, 334 U. S. 742, 778-786 (1948) (upholding delegation of authority to War Department to recover “excessive profits” earned on military contracts); Yakus, supra, at 420, 426-427 (upholding delegation of authority to the Price Administrator to fix prices of commodities that “will be generally fair and equitable and will effectuate the purposes” of the congressional enactment); FPC v. Hope Natural Gas Co., 320 U. S. 591, 600-601 (1944) (upholding delegation to Federal Power Commission to determine just and reasonable rates); National Broadcasting Co. v. United States, 319 U. S. 190, 194, 225-226 (1943) (upholding delegation to the Federal Communications Commission to regulate broadcast licensing as “public interest, convenience, or necessity” require).

Under § 7005, the Secretary may not collect fees from firms not subject to either of the two Pipeline Safety Acts, § 7005(a)(3); he may not use the funds for purposes other than administering the two Acts, § 7005(c); he may not set fees on a case-by-case basis, § 7005(a); in setting fees, he may not apply any criteria other than volume-miles, miles, or revenues, § 7005(a); he may not establish a fee schedule that does not bear a “reasonable relationship” to these criteria,[*220] § 7005(a). Furthermore, the Secretary has no discretion whatsoever to expand the budget for administering the Pipeline Safety Acts because the ceiling on aggregate fees that may be collected in any fiscal year is set at 105 percent of the aggregate appropriations made by Congress for that fiscal year. § 7005(d). We have no doubt that these multiple restrictions Congress has placed on the Secretary’s discretion to assess pipeline safety user fees satisfy the constitutional requirements of the nondelegation doctrine as we have previously articulated them.

Mid-America contends — and the District Court agreed— that, notwithstanding the constitutional soundness of § 7005 under ordinary nondelegation analysis, the assessment of these pipeline safety user fees must be scrutinized under a more exacting nondelegation lens. When so scrutinized, Mid-America argues, §7005 is revealed to be constitutionally inadequate. In Mid-America’s view, the assessments permitted by §7005, although labeled “user fees,” are actually tax assessments levied by the Secretary on firms regulated by the HLPSA or the NGPSA. Congress’ taxing power, Mid-America further contends, unlike any of Congress’ other enumerated powers, if delegable at all, must be delegated with much stricter guidelines than is required for other congressional delegations of authority. Mid-America purports to derive this two-tiered theory of nondelegation from the text and history of the Constitution, from past congressional practice, and from the decisions of this Court.

Article I, § 8, of the Constitution enumerates the powers of Congress. First in place among these enumerated powers is the “Power To lay and collect Taxes, Duties, Imposts and Excises . . . .” We discern nothing in this placement of the Taxing Clause that would distinguish Congress’ power to tax from its other enumerated powers — such as its commerce powers, its power to “raise and support Armies,” its power to borrow money, or its power to “make Rules for the Government” — in terms of the scope and degree of discretionary au[*221] thority that Congress may delegate to the Executive in order that the President may “take Care that the Laws be faithfully executed.” Art. II, §3. See J. W. Hampton, Jr., & Co., 276 U. S. 394 (1928) (upholding broad delegation of authority to the President under the Taxing Clause and the Commerce Clause to impose duties on foreign imports). It is, of course, true that “[a]ll Bills for raising Revenue [must] originate in the House of Representatives . . . .” Art. I, §7. But the Origination Clause, while embodying the Framers’ concern that persons elected directly by the people have initial responsibility over taxation (until the ratification of the Seventeenth Amendment in 1913, Senators were chosen by state legislatures, see Art. I, §3), implies nothing about the scope of Congress’ power to delegate discretionary authority under its taxing power once a tax bill has been properly enacted. Mid-America does not contend that § 7005 failed to originate in the House. The House Committee on Energy and Commerce drafted the provision, which was included in H. R. 3500, 99th Cong., 1st Sess. See H. R. Rep. No. 99-300, p. 492 (1985).

From its earliest days to the present, Congress, when enacting tax legislation, has varied the degree of specificity and the consequent degree of discretionary authority delegated to the Executive in such enactments. See, e. g., Act of Mar. 3, 1791, ch. 15, §43, 1 Stat. 209 (in the case of fines assessed for nonpayment of liquor taxes, “the secretary of the treasury of the United States [has]. . . power to mitigate or remit such penalty or forfeiture . . . upon such terms and conditions as shall appear to him reasonable”) (First Congress); Act of July 6, 1797, ch. 11, §2, 1 Stat. 528 (in lieu of collecting stamp duty enacted by Congress, the Secretary of the Treasury may “agree to an annual composition for the amount of such stamp duty, with any of the said banks, of one per centum on the amount of the annual dividend made by such banks”) (Fifth Congress). See generally Field v. Clark, 143 U. S. 649, 683-689 (1892) (longstanding practice of Congress[*222] delegating authority to the President under the Taxing Clause “is entitled to great weight”).

Even when Congress legislates with remarkable specificity, as it has done in the Internal Revenue Code, it has delegated to the Executive the authority to “prescribe all needful rules and regulations for the enforcement of [the Code], including all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue” and the authority to determine “the extent, if any, to which any ruling or regulation, relating to the internal revenue laws, shall be applied without retroactive effect.” 26 U. S. C. §§ 7805(a), (b). Such rules and regulations, which undoubtedly affect individual taxpayer liability, are equally without doubt the result of entirely appropriate delegations of discretionary authority by Congress. As we observed in Bob Jones University v. United States, 461 U. S. 574 (1983):

“In an area as complex as the tax system, the agency Congress vests with administrative responsibility must be able to exercise its authority to meet changing conditions and new problems. . . .
“Congress, the source of IRS authority, can modify IRS rulings it considers improper; and courts exercise review over IRS actions. In the first instance, however, the responsibility for construing the [Internal Revenue] Code falls to the IRS. Since Congress cannot be expected to anticipate every conceivable problem that can arise or to carry out day-to-day oversight, it relies on the administrators and on the courts to implement the legislative will.” Id., at 596-597.

See also National Muffler Dealers Assn., Inc. v. United States, 440 U. S. 472, 488 (1979) (“The choice among reasonable interpretations [of the Internal Revenue Code] is for the Commissioner, not the courts”).

We find no support, then, for Mid-America’s contention that the text of the Constitution or the practices of Congress require the application of a different and stricter non-[*223] delegation doctrine in cases where Congress delegates discretionary authority to the Executive under its taxing power. In light of this conclusion, we need not concern ourselves with the threshold question that so exercised the District Court whether the pipeline safety users “fees” created by §7005 are more properly thought of as a form of taxation because some of the administrative costs paid by the regulated parties actually inure to the benefit of the public rather than directly to the benefit of those parties. Even if the user fees are a form of taxation, we hold that the delegation of discretionary authority under Congress’ taxing power is subject to no constitutional scrutiny greater than that we have applied to other nondelegation challenges. Congress may wisely choose to be more circumspect in delegating authority under the Taxing Clause than under other of its enumerated powers, but this is not a heightened degree of prudence required by the Constitution.

Our decisions in National Cable Television Assn., Inc. v. United States, 415 U. S. 336 (1974), and FPC v. New England Power Co., 415 U. S. 345 (1974), are not to the contrary. In these cases we considered the provision of the Independent Offices Appropriation Act (IOAA), 1952, 65 Stat. 290, re-codified at 31 U. S. C. §9701, that allows agencies to collect fees 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.” 31 U. S. C. § 9701(b)(2). The Federal Communications Commission and the Federal Power Commission respectively sought to recoup all of their costs in regulating community antenna television systems and in administering the Federal Power Act and the Natural Gas Act by assessing fees on the regulated parties. Recognizing that some of the administrative costs at issue “inured to the benefit of the public,” 415 U. S., at 343, rather than directly to the regulated parties, we expressed doubt whether Congress had clearly intended in the IOAA to delegate authority to Executive agencies to recover the costs of[*224] benefits conferred on the public by assessing fees on regulated parties. We observed that, because such fees do not “bestofw] a benefit on the [regulated party], not shared by other members of society,” they might better be thought of as taxes rather than fees. Given at least the possibility of a constitutional difficulty arising from that delegation under the Taxing Clause, we chose to interpret the IOAA “narrowly to avoid constitutional problems.” Id., at 342. Accordingly, we struck down the agencies’ efforts to recover from regulated parties costs for benefits inuring to the public generally.

In FEA v. Algonquin SNG, Inc., 426 U. S. 548 (1976), we considered a nondelegation challenge to the Trade Expansion Act of 1962, 76 Stat. 872, which permitted the President to raise license “fees” on imports when necessary to protect the national security. In rejecting the challenge, we made clear that National Cable Television and New England Power stand only for the proposition that Congress must indicate clearly its intention to delegate to the Executive the discretionary authority to recover administrative costs not inuring directly to the benefit of regulated parties by imposing additional financial burdens, whether characterized as “fees” or “taxes,” on those parties. 426 .U. S., at 560, n. 10. Of course, any such delegation must also meet the normal requirements of the nondelegation doctrine. As we have indicated, § 7005 explicitly reflects Congress’ intention that the total costs of administering the HLPSA and the NGPSA be recovered through the assessment of charges on those regulated by the Acts and provides intelligible guidelines for these assessments. Finding no unconstitutional delegation of authority, we reverse the decision of the District Court.

It is so ordered.