31 U.S.C. § 9701

Fees and charges for Government services and things of value

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(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
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
9701	31:483a.	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 SubsidiariesShort 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 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’.”

Notes of Decisions

Cited in 76 cases (17 in the last 5 years), 1983–2026 · leading case: Steele v. United States, 200 F. Supp. 3d 217 (D.D.C. 2016).

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Steele v. United States, 200 F. Supp. 3d 217 (D.D.C. 2016). · cites it 6× “¶39, their second claim alternatively argues that even “if the IRS has legal authority to charge a fee for the issuance- or -renewal of a PTIN, the fees charges exceed the amount that can be charged under 31 U.S.C. § 9701 .” Id. at ¶ 46 . 5 In pressing these separate,…”

United States v. Danik Shiv Kumar, 750 F.3d 563 (6th Cir. 2014). · cites it 6× “The objective of the policy, consistent with 31 U.S.C. § 9701 (a), is to “ensure that each service, No.”

Steele v. United States, 159 F. Supp. 3d 73 (D.D.C. 2016). · cites it 6× “Specifically, the government relies on 31 U.S.C. § 9701 , which permits agencies to issue regulations to establish a charge for a “service or thing of value” the agency provides.”

Thomas, William v. Network Solutions, 176 F.3d 500 (D.C. Cir. 1999). · cites it 4× “Government agencies cannot escape responsibility for failing to perform their statutory duties by hiring private parties to perform those duties.”

Silver Buckle Mines, Inc. v. United States, 117 Fed. Cl. 786 (Fed. Cl. 2014). · cites it 5× “§ 28f; unpatented mining claim maintenance fee; statutory interpretation; plain meaning; not ambiguous; no absurd result; IOAA, 31 U.S.C. § 9701 (b); voluntary payment as affirmative defense MEMORANDUM ORDER AND OPINION WOLSKI, Judge.”

Goethel v. U.S. Dep't of Com., 854 F.3d 106 (1st Cir. 2017). · cites it 4× “§ 3302 , and also constituted the imposition of improper user fees in violation of the Independent Offices Appropriations Act (IOAA)6, 31 U.S.C. § 9701 . He also alleged that the industry funding requirement violated the interstate commerce clause, U.”

Steele v. United States, 260 F. Supp. 3d 52 (D.D.C. 2017). · cites it 4× “” 31 U.S.C. § 9701 (b). The IRS stated that a PTIN is a “service or thing of value” because without a PTIN “a tax return preparer could not receive compensation for preparing all or substantially all of a federal tax return or claim for refund,” and “[b]ecause only attorneys,…”

Raton Gas Transmission Co. v. Fed. Energy Regulatory Comm'n, 852 F.2d 612 (D.C. Cir. 1988). · cites it 4× “31 U.S.C. § 9701 (1982). 6 . 49 Fed.Reg. 5083 (Feb.”

Seafarers Int'l Union of North Am., Appellants/cross-Appellees v. United States Coast Guard, Appellees/cross-Appellants, 81 F.3d 179 (D.C. Cir. 1996). · cites it 5× “collect “user” fees, so long as any such fees were collected in accordance with the Independent Offices Appropriations Act (“IOAA”), 31 U.S.C. § 9701 (1988). 1 A coalition of unions now challenges the fee schedule, arguing that the Coast Guard has no statutory authorization to…”

Brittany Montrois v. United States, 916 F.3d 1056 (D.C. Cir. 2019). · cites it 2× “31 U.S.C. § 9701 . A group of tax-return preparers filed a class action lawsuit challenging the PTIN fee.”

Skinner v. Mid-Am. Pipeline Co., 490 U.S. 212 (1989). · cites it 2× “§ 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…”

United States v. Sperry Corp., 493 U.S. 52 (1989). “4 Title 31 was recodified in 1982, and IOAA is now to be found at 31 U. S. C. § 9701 (1982 ed.). 5 Section 1252 permitted a direct appeal to this Court from “an interlocutory or final judgment, decree or order of any court of the United States .”

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— 31 U.S.C. § 9701(b) — 1 case

Yanofsky v. Dep't of Com. (D.D.C. 2018).

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