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31 U.S.C. § 9703 — Managerial accountability and flexibility

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9703 — Managerial accountability and flexibility

**(a)** Beginning with fiscal year 1999, the performance plans required under section 1115 may include proposals to waive administrative procedural requirements and controls, including specification of personnel staffing levels, limitations on compensation or remuneration, and prohibitions or restrictions on funding transfers among budget object classification 20 and subclassifications 11, 12, 31, and 32 of each annual budget submitted under section 1105, in return for specific individual or organization accountability to achieve a performance goal. In preparing and submitting the performance plan under section 1105(a)(29),11 See References in Text note below. the Director of the Office of Management and Budget shall review and may approve any proposed waivers. A waiver shall take effect at the beginning of the fiscal year for which the waiver is approved. **(b)** Any such proposal under subsection (a) shall describe the anticipated effects on performance resulting from greater managerial or organizational flexibility, discretion, and authority, and shall quantify the expected improvements in performance resulting from any waiver. The expected improvements shall be compared to current actual performance, and to the projected level of performance that would be achieved independent of any waiver. **(c)** Any proposal waiving limitations on compensation or remuneration shall precisely express the monetary change in compensation or remuneration amounts, such as bonuses or awards, that shall result from meeting, exceeding, or failing to meet performance goals. **(d)** Any proposed waiver of procedural requirements or controls imposed by an agency (other than the proposing agency or the Office of Management and Budget) may not be included in a performance plan unless it is

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Source location: Title 31, Chapter 97, § 9703; chapter-097-miscellaneous.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9705 — Department of the Treasury Forfeiture Fund

**(a) In General.—** There is established in the Treasury of the United States a fund to be known as the “Department of the Treasury Forfeiture Fund” (referred to in this section as the “Fund”). The Fund shall be available to the Secretary, without fiscal year limitation, with respect to seizures and forfeitures made pursuant to any law (other than section 7301 or 7302 of the Internal Revenue Code of 1986) enforced or administered by a Department of the Treasury law enforcement organization for the following law enforcement purposes: (1) (A) Payment of all proper expenses of seizure (including investigative costs incurred by a Department of the Treasury law enforcement organization leading to seizure) or the proceedings of forfeiture and sale, including the expenses of detention, inventory, security, maintenance, advertisement, or disposal of the property, and if condemned by a court and a bond for such costs was not given, the costs as taxed by the court. (B) Payment for— (i) contract services; (ii) the employment of outside contractors to operate and manage properties or to provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties; and (iii) reimbursing any Federal, State, or local agency for any expenditures made to perform the functions described in this subparagraph. (C) Awards of compensation to informers under section 619 of the Tariff Act of 1930 ([19 U.S.C. 1619](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1619&num=0&edition=prelim)). (D) Satisfaction of— (i) liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate Customs officer according to law; and (ii) su

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31 U.S.C. § 1101 — Definitions

In this chapter— (1) “agency” includes the District of Columbia government but does not include the legislative branch or the Supreme Court. (2) “appropriations” means appropriated amounts and includes, in appropriate context— (A) funds; (B) authority to make obligations by contract before appropriations; and (C) other authority making amounts available for obligation or expenditure.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1116 — Agency performance reporting

**(a)** The head of each agency shall make available on a public website of the agency and to the Office of Management and Budget an update on agency performance. **(b)** (1) Each update shall compare actual performance achieved with the performance goals established in the agency performance plan under section 1115(b) and shall occur not later than 150 days after the end of each fiscal year, with more frequent updates of actual performance on indicators that provide data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden. (2) If performance goals are specified in an alternative form under section 1115(c), the results shall be described in relation to such specifications, including whether the performance failed to meet the criteria of a minimally effective or successful program. **(c)** Each update shall— (1) review the success of achieving the performance goals and include actual results for the 5 preceding fiscal years; (2) evaluate the performance plan for the current fiscal year relative to the performance achieved toward the performance goals during the period covered by the update; (3) explain and describe where a performance goal has not been met (including when a program activity’s performance is determined not to have met the criteria of a successful program activity under section 1115(c)(1)(A)(ii) or a corresponding level of achievement if another alternative form is used)— (A) why the goal was not met; (B) those plans and schedules for achieving the established performance goal; and (C) if the performance goal is impractical or infeasible, why that is the case and what action is recommended; (4) describe the use and assess the effectiveness in achieving performance goals of an

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9701 — Fees and charges for Government services and things of value

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 9703 — Managerial accountability and flexibility

Page 590 TITLE 31—MONEY AND FINANCE § 9702 1 See References in Text note below. 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 serv- ice or thing of value provided by the agency’’ are sub- stituted for ‘‘is authorized by regulation . . . to pre- scribe 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 ‘‘di- rect 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 omit- ted 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 Subsidiaries SHORT 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 For- feiture Fu

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