Administrative State
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TheIndependent Offices Appropriations Act (IOAA) of 1952 is a federal law that provided federal agencies with the authority to assess user fees or charges through administrative regulations. Agencies that had not been granted specific statutory authority to assess user fees prior to the law were permitted to assess user fees under the authority of the IOAA. The legislation was signed into law by President Harry Truman (D) on July 6, 1952.^[1][2]

Background

In 1950, the U.S. Senate Committee on Expenditures in the Executive Departments conducted a study on user fees assessed by federal government agencies. The committee operated under the opinion that those who benefited from using certain government services should shoulder the burden of their costs, according to a report by the U.S. General Accounting Office. The committee issued the following conclusion in its report:^[3]

The committee did not recommend a specific course of action following the study, but Congress later approved the Independent Offices Appropriations Act (IOAA) of 1952 in order to provide federal government agencies with the authority to assess user fees through administrative regulations. Agencies that lacked any specific statutory authority to charge user fees were granted the authority to implement user fees under the IOAA. The act aimed to reduce agencies' sole dependence on federal appropriations and taxpayer dollars by garnering financial assistance from the specific beneficiaries of government services rather than the general public. For example, visitors to national parks may be assessed entrance fees, camping fees, or other associated costs.^[3][5][6]

Under the act, user fees must be fair and "based on costs to the government, the value of the service or thing to the recipient, public policy or interest serviced, and other relevant facts," according to theU.S Government Accountability Office (GAO). Moreover, the agency must deposit the fees into theU.S. Treasury's general fund and cannot reserve the fees for specific use by the agency.^[1]

Provisions

The Independent Offices Appropriations Act (IOAA) grants broad authority to federal agencies to assess user fees. The fees must be fair and based on the costs to the government and the value of the service provided, among other considerations. Fees collected are deposited in the general fund of the U.S. Treasury and are not directly available to the agency.^[7]

The IOAA,codified at 31 U.S. Code § 9701, provides the following guidance for agencies:^[8]

Impact

Agency reliance on user fees has increased since the passage of the IOAA, a trend that theCongressional Budget Office attributes to various budget sequestration and reconciliation measures that have motivated agencies to seek out new funding sources. Many federal agencies today depend on user fees to fund services, according to a report by theU.S. Department of Agriculture's (USDA) Economic Research Service. In 2007, a GAO report found that total user fee collections across federal agencies amounted to $233 billion. In a review of 21 federal agencies, the USDA's report found that nine agencies relied on user fees to make up at least 80 percent of agency funding.^[9][10][7]

The following table provides examples of user fees charged by federal agencies:^[9][7]

See also

• Administrative state
• Rulemaking
• United States Code

External links

• Independent Offices Appropriations Act of 1952 (full text)
• Search Google News for this topic

Footnotes

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Gardner •A.L.A. Schechter Poultry Corp. v. United States •Association of Data Processing Service Organizations v. Camp •Auer v. Robbins •Chevron v. Natural Resources Defense Council •Citizens to Preserve Overton Park v. Volpe •Federal Trade Commission (FTC) v. Standard Oil Company of California •Field v. Clark •Food and Drug Administration v. Brown and Williamson Tobacco Corporation •Humphrey's Executor v. United States •Immigration and Naturalization Service (INS) v. Chadha •J.W. Hampton Jr. & Company v. United States •Lucia v. SEC •Marshall v. Barlow's •Massachusetts v. Environmental Protection Agency •Mistretta v. United States •National Federation of Independent Business (NFIB) v. Sebelius •National Labor Relations Board v. Noel Canning Company •National Labor Relations Board v. Sears, Roebuck & Co. •Panama Refining Co. v. Ryan •Securities and Exchange Commission v. Chenery Corporation •Skidmore v. Swift & Co. •United States v. Lopez •United States v. Western Pacific Railroad Co. •Universal Camera Corporation v. National Labor Relations Board •Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council •Wayman v. Southard •Weyerhaeuser Company v. United States Fish and Wildlife Service •Whitman v. American Trucking Associations •Wickard v. Filburn •Wiener v. 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Dresch (2000) "Confronting the Administrative Threat" by Philip Hamburger and Tony Mills (2017) "Constitutionalism after the New Deal" by Cass R. Sunstein (1987) Federalist No. 23 by Alexander Hamilton (1787) "From Administrative State to Constitutional Government" by Joseph Postell (2012) "Interring the Nondelegation Doctrine" by Eric A. Posner and Adrian Vermeule (2002) "Rulemaking as Legislating" by Kathryn Watts (2015) "The Checks & Balances of the Regulatory State" by Paul R. Verkuil (2016) "The Myth of the Nondelegation Doctrine" by Keith E. Whittington and Jason Iuliano (2017) "The Progressive Origins of the Administrative State: Wilson, Goodnow, and Landis" by Ronald J. Pestritto (2007) "The Rise and Rise of the Administrative State" by Gary Lawson (1994) "The Study of Administration" by Woodrow Wilson (1887) "The Threat to Liberty" by Steven F. Hayward (2017) "Why the Modern Administrative State Is Inconsistent with the Rule of Law" by Richard A. Epstein (2008) Agencies Administrative Conference of the United States •United States Civil Service Commission •U.S. Government Accountability Office •U.S. Office of Information and Regulatory Affairs •U.S. Office of Management and Budget