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

Page 589 TITLE 31—MONEY AND FINANCE § 9701 ‘‘(2) PARTICIPATING INDIVIDUALS.—If the claim for a reward is brought by an individual who the Secretary has a reasonable basis to believe knowingly planned, initiated, directly participated in, or facilitated the actions that led to assets of a foreign state or govern- mental entity being stolen, misappropriated, or ille- gally diverted or to the payment of bribes or other foreign governmental corruption, the Secretary shall appropriately reduce, and may deny, such award. If such individual is convicted of criminal conduct aris- ing from the role described in the preceding sentence, the Secretary shall deny or may seek to recover any reward, as the case may be. ‘‘(g) REPORT.— ‘‘(1) IN GENERAL.—Within 180 days of the enactment of this section [Jan. 1, 2021], and annually thereafter for 3 years, the Secretary shall issue a report to the appropriate committees of the Congress— ‘‘(A) detailing to the greatest extent possible the amount, location, and ownership or beneficial own- ership of any stolen assets that, on or after the date of the enactment of this section, come within the United States or that come within the possession or control of any United States person; ‘‘(B) discussing efforts being undertaken to iden- tify more such stolen assets and their owners or beneficial owners; and ‘‘(C) including a discussion of the interactions of the Department of the Treasury with the inter- national financial institutions (as defined in sec- tion 1701(c)(2) of the International Financial Insti- tutions Act [22 U.S.C. 262r(c)(2)]) to identify the amount, location, and ownership, or beneficial own- ership, of stolen assets held in financial institu- tions outside the United States. ‘‘(2) EXCEPTION.—The report issued under paragraph (1) shall not include information related to ongoing investigations or information related to closed inves- tigations that would reveal identities of individuals not charged with a criminal offense, would reveal identities of investigative sources or methods, would reveal identities of witnesses, would compromise sub- sequent investigations, or the disclosure of which is otherwise prohibited by law, the Federal Rules of Criminal Procedure, regulation, or court order. ‘‘(h) REPORT ON DISPOSITION OF RECOVERED ASSETS.— Within 360 days of the enactment of this Act [Jan. 1, 2021], the Secretary of the Treasury, with the concur- rence of the Secretary of State and the Attorney Gen- eral, shall issue a report to the appropriate committees of Congress describing policy choices and recommenda- tions for disposition of stolen assets recovered pursuant to this section. ‘‘(i) SUNSET OF PILOT PROGRAM.—The authorities under this section, as well as the program established pursuant to this section, shall terminate three years after the date of the enactment of this Act. ‘‘(j) DEFINITIONS.—For purposes of this section: ‘‘(1) APPROPRIATE COMMITTEES OF THE CONGRESS.— The term ‘appropriate committees of the Congress’ means the Committee on Financial Services of the House of Representatives, the Committee on Bank- ing, Housing, and Urban Affairs of the Senate, the Committee on the Judiciary of the House of Rep- resentatives, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on For- eign Relations of the Senate. ‘‘(2) FINANCIAL ASSET.—The term ‘financial asset’ means any funds, investments, or ownership inter- ests, as defined by the Secretary, that on or after the date of the enactment of this section come within the United States or that come within the possession or control of any United States person. ‘‘(3) FOREIGN GOVERNMENT CORRUPTION.—The term ‘foreign government corruption’ means corruption, as defined by the United Nations Convention Against Corruption. ‘‘(4) FOREIGN PUBLIC OFFICIAL.—The term ‘foreign public official’ includes any person who occupies a public office by virtue of having been elected, ap- pointed, or employed, including any military, civil- ian, special, honorary, temporary, or uncompensated official. ‘‘(5) IMMEDIATE FAMILY MEMBER.—The term ‘imme- diate family member’, with respect to an individual, has the meaning given the term ‘member of the im- mediate family’ under section 36(k) of the State De- partment Basic Authorities Act of 1956 (22 U.S.C. 2708(k)). ‘‘(6) REWARDS PROGRAM.—The term ‘rewards pro- gram’ means the program established in subsection (a)(1) of this section. ‘‘(7) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury. ‘‘(8) STOLEN ASSETS.—The term ‘stolen assets’ means financial assets within the jurisdiction of the United States, constituting, derived from, or trace- able to, any proceeds obtained directly or indirectly from foreign government corruption.’’ § 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-sus- taining to the extent possible. (b) The head of each agency (except a mixed- ownership Government corporation) may pre- scribe 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 collec- tion 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 pre- scribed 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 Govern- ment corporations as defined in the Government Cor- poration Control Act of 1945 [31 U.S.C. 841 et seq.]’’ be- cause of section 101 of the revised title and for consist- ency. In subsection (a), the words ‘‘each service or thing of value provided’’ are substituted for ‘‘any work, service, publication, report, document, benefit, privilege, au- thority, use, franchise, license, permit, certificate, reg- istration or similar thing of value or utility performed, furnished, provided, granted, prepared, or issued’’ for 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 Fund Act of 1992’.’’ § 9702. Investment of trust funds Except as required by a treaty of the United States, amounts held in trust by the United States Government (including annual interest earned on the amounts)— (1) shall be invested in Government obliga- tions; and (2) shall earn interest at an annual rate of at least 5 percent. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1052.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 9702 ......... 31:547a. R.S. § 3659. The section is substituted for 31:547a for clarity and consistency in the revised title. § 9703. Managerial accountability and flexibility (a) Beginning with fiscal year 1999, the per- formance plans required under section 1115 may include proposals to waive administrative proce- dural requirements and controls, including spec- ification of personnel staffing levels, limitations on compensation or remuneration, and prohibi- tions or restrictions on funding transfers among budget object classification 20 and subclassifica- tions 11, 12, 31, and 32 of each annual budget sub- mitted 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),1 the Director of the Office of Manage- ment 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 per- formance resulting from greater managerial or organizational flexibility, discretion, and au- thority, and shall quantify the expected im- provements 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 com- pensation or remuneration shall precisely ex- press the monetary change in compensation or remuneration amounts, such as bonuses or awards, that shall result from meeting, exceed- ing, or failing to meet performance goals. (d) Any proposed waiver of procedural require- ments or controls imposed by an agency (other than the proposing agency or the Office of Man- agement and Budget) may not be included in a performance plan unless it is endorsed by the agency that established the requirement, and the endorsement included in the proposing agen- cy’s performance plan. (e) A waiver shall be in effect for one or two years as specified by the Director of the Office of Management and Budget in approving the waiv- er. A waiver may be renewed for a subsequent year. After a waiver has been in effect for three consecutive years, the performance plan pre- pared under section 1115 may propose that a waiver, other than a waiver of limitations on compensation or remuneration, be made perma- nent. (f) For purposes of this section, the definitions under section 1115(f) 1 shall apply. (Added Pub. L. 103–62, § 5(a), Aug. 3, 1993, 107 Stat. 289.) Editorial Notes REFERENCES IN TEXT Section 1105(a)(29), referred to in subsec. (a), was re- designated section 1105(a)(28) of this title by Pub. L. 104–287, § 4(1), Oct. 11, 1996, 110 Stat. 3388. Section 1115, referred to in subsec. (f), was repealed, and a new section 1115 enacted, by Pub. L. 111–352, § 3, Jan. 4, 2011, 124 Stat. 3867. As reenacted, definitions in former section 1115(f) are now contained in section 1115(h) of this title. CODIFICATION Another section 9703 was renumbered section 9705 of this title. Statutory Notes and Related Subsidiaries CONSTRUCTION No provision or amendment made by Pub. L. 103–62 to be construed as creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person not an officer or employee of the United States acting in such capacity to have standing to file any civil action in any court of the United States to enforce any provision or amendment made by Pub. L. 103–62, or to be construed as superseding any statutory requirement, see section 10 of Pub. L. 103–62, set out as a Construction of 1993 Amendment note under section 1101 of this title.