General authority
section 156(a) of this titleThe Commission shall assess and collect regulatory fees to recover the costs of carrying out the activities described in only to the extent, and in the total amounts, provided for in Appropriations Acts.
Establishment of schedule
The Commission shall assess and collect regulatory fees at such rates as the Commission shall establish in a schedule of regulatory fees that will result in the collection, in each fiscal year, of an amount that can reasonably be expected to equal the amounts described in subsection (a) with respect to such fiscal year.
Adjustment of schedule
In general
Rounding
In making adjustments under this subsection, the Commission may round fees to the nearest $5 increment.
Amendments to schedule
In addition to the adjustments required by subsection (c), the Commission shall by rule amend the schedule of regulatory fees established under this section if the Commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the Commission, adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the Commission’s activities. In making an amendment under this subsection, the Commission may not change the total amount of regulatory fees required by subsection (b) to be collected in a fiscal year.
Exceptions
Parties to which fees are not applicable
Cost of collection
If, in the judgment of the Commission, the cost of collecting a regulatory fee established under this section from a party would exceed the amount collected from such party, the Commission may exempt such party from paying such fee.
Deposit of collections
In general
section 156(a) of this titleAmounts received from fees authorized by this section shall be deposited as an offsetting collection in, and credited to, the account through which funds are made available to carry out the activities described in .
Deposit of excess collections
Any regulatory fees collected in excess of the total amount of fees provided for in Appropriations Acts for a fiscal year shall be deposited in the general fund of the Treasury of the United States for the sole purpose of deficit reduction.
June 19, 1934, ch. 652Pub. L. 103–66, title VI, § 6003(a)(1)107 Stat. 397Pub. L. 103–121, title I107 Stat. 1167Pub. L. 103–414, title III, § 303(a)(5)108 Stat. 4294Pub. L. 115–141, div. P, title I, § 102(b)132 Stat. 1083(, title I, § 9, as added , , ; amended , , ; , (6), , ; , , .)
Editorial Notes
Amendments
Pub. L. 115–1412018— amended section generally. Prior to amendment, section related to regulatory fees.
Pub. L. 103–414, § 303(a)(5)1994—Subsec. (f). , designated second sentence of par. (1) as par. (2) and inserted par. (2) heading.
Pub. L. 103–414, § 303(a)(6)Subsec. (g). , inserted “95” after “(47 C.F.R. Part” in item pertaining to Interactive Video Data Service under Private Radio Bureau in Schedule of Regulatory Fees.
Pub. L. 103–1211993—Subsec. (a). designated existing provisions as par. (1), inserted heading, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–141section 103 of div. P of Pub. L. 115–141section 156 of this titleAmendment by effective , see , set out as a note under .
Continued Applicability of Regulatory Fees
Pub. L. 115–141, div. P, title I, § 102(d)(2)132 Stat. 1086
Rulemaking To Amend Schedule of Regulatory Fees
Pub. L. 115–141, div. P, title I, § 102(e)(1)132 Stat. 1086