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 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. Page 591 TITLE 31—MONEY AND FINANCE § 9705 1 See References in Text note below. § 9704. Pilot projects for managerial account- ability and flexibility (a) The Director of the Office of Management and Budget shall designate not less than five agencies as pilot projects in managerial ac- countability and flexibility for fiscal years 1995 and 1996. Such agencies shall be selected from those designated as pilot projects under section 1118 and shall reflect a representative range of Government functions and capabilities in meas- uring and reporting program performance. (b) Pilot projects in the designated agencies shall include proposed waivers in accordance with section 9703 for one or more of the major functions and operations of the agency. (c) For purposes of this section the definitions under section 1115(f) 1 shall apply. (Added Pub. L. 103–62, § 6(b), Aug. 3, 1993, 107 Stat. 290; amended Pub. L. 118–190, § 6(b), Dec. 23, 2024, 138 Stat. 2656.) Editorial Notes REFERENCES IN TEXT Section 1115, referred to in subsec. (c), 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. AMENDMENTS 2024—Subsecs. (c), (d). Pub. L. 118–190 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: ‘‘The Director of the Office of Management and Budget shall include in the report to the President and to the Congress required under sec- tion 1118(c)— ‘‘(1) an assessment of the benefits, costs, and useful- ness of increasing managerial and organizational flexibility, discretion, and authority in exchange for improved performance through a waiver; and ‘‘(2) an identification of any significant difficulties experienced by the pilot agencies in preparing pro- posed waivers.’’ 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. § 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 For- feiture Fund’’ (referred to in this section as the ‘‘Fund’’). The Fund shall be available to the Sec- retary, without fiscal year limitation, with re- spect to seizures and forfeitures made pursuant to any law (other than section 7301 or 7302 of the Internal Revenue Code of 1986) enforced or ad- ministered by the Department of the Treasury or the United States Coast Guard for the fol- lowing law enforcement purposes: (1)(A) Payment of all proper expenses of sei- zure (including investigative costs incurred by a Department of the Treasury law enforce- ment 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 pro- vide 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 sub- paragraph. (C) Awards of compensation to informers under section 619 of the Tariff Act of 1930 (19 U.S.C. 1619). (D) Satisfaction of— (i) liens for freight, charges, and contribu- tions in general average, notice of which has been filed with the appropriate Customs offi- cer according to law; and (ii) subject to the discretion of the Sec- retary, other valid liens and mortgages against property that has been forfeited pur- suant to any law enforced or administered by a Department of the Treasury law en- forcement organization. To determine the validity of any such lien or mortgage, the amount of payment to be made, and to carry out the functions described in this subpara- graph, the Secretary may employ and com- pensate attorneys and other personnel skilled in State real estate law. (E) Payment of amounts authorized by law with respect to remission and mitigation. (F) Payment of claims of parties in interest to property disposed of under section 612(b) of the Tariff Act of 1930 (19 U.S.C. 1612(b)), in the amounts applicable to such claims at the time of seizure. (G) Equitable sharing payments made to other Federal agencies, State and local law en- forcement agencies, and foreign countries pur- suant to section 616(c) of the Tariff Act of 1930 (19 U.S.C. 1616a(c)), section 981 of title 18, or subsection (h) of this section, and all costs re- lated thereto. (H) Payment for services of experts and con- sultants needed by a Department of the Treas- ury law enforcement organization to carry out the organization’s duties relating to seizure and forfeiture. (I) Payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State or local law enforcement offi- cers that are incurred in joint law enforce- ment operations with a Department of the Treasury law enforcement organization.