Sec. 5. Review and publication of user fees
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/bill/116/hr/8235/eh/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Judicial Conference of the United States shall review any schedule of fees prescribed under this Act 3 years after such schedule becomes effective and every 3 years thereafter to ensure that the schedule meets the requirement of this Act. If a fee schedule does not meet such requirements, the Judicial Conference shall prescribe a new schedule of fees pursuant to this section and submit the new schedule of fees to Congress pursuant to this section. The Judicial Conference of the United States shall publish any schedule of new fees or fee adjustments, as authorized under this Act, in the Federal Register and on the website of the United States Courts.
The Judicial Conference shall accept public comment on the proposed fees for a period of not less than 60 days. After the period specified in paragraph (2), the final schedule of new fees or fee adjustments shall be published in the Federal Register and on the website of the United States Courts along with an explanation of any changes from the proposed schedule of new fees or fee adjustments. A schedule of fees set or adjusted under paragraph
(3)may not become effective— before the end of the 90-day period beginning on the day after the date on which the Judicial Conference publishes the schedule of new fees or fee adjustments under paragraph (3); or if a law is enacted disapproving such fee. The Judicial Conference of the United States shall periodically study the system described in sections 2 and 3 of this Act in accordance with this section. The study shall examine— the relative extent to which specific functions and usage of the system are supported, directly or indirectly, by fees, appropriations, and other sources of revenue; and whether, and to what extent, there are additional fees of any kind that could be more appropriately imposed to support the operations and maintenance of the system and whether or not any such fees should or must be imposed by statute or by judiciary regulation; whether, and to what extent, there are additional appropriations that should be pursued that should be provided to support the system in lieu of fees; and whether, and to what extent, there are other sources of revenue that should be provided to support the system. In determining the appropriateness of any fees, the Judicial Conference of the United States shall consider the extent to which any such fees would— negatively or positively affect the administration of justice; impose inappropriate burdens on access to justice by litigants; relate to the relative impact of activities on system costs; improve fairness to users; otherwise be fair or unfair to the public; be feasible to implement effectively; and generate meaningful revenue. Not later than 1 year after the date of enactment of this Act, the Judicial Conference of the United States shall submit to the Committees on the Judiciary of the House of Representative and the Senate a report on the conclusions of the study described under this section. If the Judicial Conference of the United States determines, pursuant to subsection (a), that additional fees are reasonable and necessary to fund the system described in sections 2 and 3, it may promulgate such fees pursuant to section 2(f)(3)(A). Not less frequently than every 3 years, the Judicial Conference shall review the matters described in this subsection and report any new findings to Congress as described in this subsection. Any fees may be adjusted pursuant to section 2(f)(3)(A).