31 Usc 9701

Page 463

§ 9701

TITLE 31—MONEY AND FINANCE

EX. ORD. NO. 12177. DELEGATION OF FUNCTIONS TO DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET AND SECRETARY OF THE TREASURY
Ex. Ord. No. 12177, Dec. 10, 1979, 44 F.R. 71805, provided:
By the authority vested in me as President of the
United States of America by Section 121(a)(1) of the
Budget and Accounting Procedures Act of 1950, as
amended (92 Stat. 2541, Public Law 95–595, 31 U.S.C. 68a)
[31 U.S.C. 9503] and Section 301 of Title 3 of the United
States Code, and in order to provide consistency among
the financial and actuarial statements of Federal Government pension plans, it is hereby ordered as follows:
1–101. All the functions vested in the President by
Section 121(a) of the Budget and Accounting Procedures
Act of 1950, as amended (31 U.S.C. 68a) [31 U.S.C. 9503],
are delegated to the Director of the Office of Management and Budget. The Director may, from time to
time, designate other officers or agencies of the Federal Government to perform any or all of the functions
hereby delegated to the Director, subject to such instructions, limitations, and directions as the Director
deems appropriate.
1–102. The head of an Executive agency responsible
for the administration of any Federal Government pension plan within the meaning of Section 123(a) of the
Budget and Accounting Procedures Act of 1950, as
amended (31 U.S.C. 68c) [31 U.S.C. 9502(1)], except subsections (a)(9) and (b), shall ensure that the administrators of those plans comply with the form, manner, and
time of filing as required by the Director of the Office
of Management and Budget.
1–103. Subject to the provisions of Section 1–101 of
this Order, and in the absence of any contrary delegation or direction by the Director, the Secretary of the
Treasury, with respect to the development of the form
and content of the annual reports, shall perform the
functions set forth in Section 121(a) of the Budget and
Accounting Procedures Act of 1950, as amended (31
U.S.C. 68a) [31 U.S.C. 9503]. In performing this function,
the Secretary shall also be responsible for consulting
with the Comptroller General.
JIMMY CARTER.

§ 9504. Review and recommendations
When necessary or when requested by either
House of Congress or a committee of Congress,
the Comptroller General shall—
(1) review financial and actuarial statements
provided under section 9503 of this title to decide whether the reporting requirements of
section 9503 are adequate to carry out section
9501 of this title; and
(2) submit to Congress recommendations for
legislation necessary to carry out section 9501
of this title.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1051.)

Sec.

9702.
9703.1
9704.

Investment of trust funds.
Managerial accountability and flexibility.
Pilot projects for managerial accountability
and flexibility.
Department of the Treasury Forfeiture Fund.

9703.1

AMENDMENTS
1993—Pub. L. 103–62, § 11(b)(2), Aug. 3, 1993, 107 Stat.
295, added item 9703 relating to managerial accountability and flexibility and item 9704.
1992—Pub. L. 102–393, title VI, § 638(b)(2), Oct. 6, 1992,
106 Stat. 1788, added item 9703.

§ 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 mixedownership 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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1051.)
HISTORICAL AND REVISION NOTES
Revised
Section
9701 .........

Source (U.S. Code)
31:483a.

Source (Statutes at Large)
Aug. 31, 1951, ch. 376, § 501, 65
Stat. 290.

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

9504 .........

31:68b.

Source (Statutes at Large)
Sept. 12, 1950, ch. 946, 64 Stat.
832, § 122; added Nov. 4, 1978,
Pub. L. 95–595, § 1, 92 Stat.
2542.

The word ‘‘When’’ is substituted for ‘‘If’’ in both
places as being more precise. The word ‘‘deemed’’ is
omitted as unnecessary because of the restatement.
The words ‘‘the General Accounting Office’’ are omitted as unnecessary because of the restatement and because the authority to act is vested in the Comptroller
General.

CHAPTER 97—MISCELLANEOUS
Sec.

9701.

Fees and charges for Government services and
things of value.

In the section, the words ‘‘agency (except a mixedownership Government corporation)’’ are substituted
for ‘‘Federal agency (including wholly owned Government corporations as defined in the Government Corporation Control Act of 1945 [31 U.S.C. 841 et seq.]’’ because of section 101 of the revised title and for consistency.
In subsection (a), the words ‘‘each service or thing of
value provided’’ are substituted for ‘‘any work, service,
publication, report, document, benefit, privilege, authority, use, franchise, license, permit, certificate, registration or similar thing of value or utility performed,
furnished, provided, granted, prepared, or issued’’ for
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.
1 So

in original. Two sections 9703 have been enacted.

§ 9702

TITLE 31—MONEY AND FINANCE

In subsection (b), before clause (1), the words ‘‘may
prescribe regulations establishing the charge for a service or thing of value provided by the agency’’ are substituted for ‘‘is authorized by regulation . . . to prescribe 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 ‘‘direct 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 omitted 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.
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 Forfeiture 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 obligations; 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
9702 .........

Source (U.S. Code)
31:547a.

Source (Statutes at Large)
R.S. § 3659.

The section is substituted for 31:547a for clarity and
consistency in the revised title.

§ 9703.1 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),2 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 per1 Another
2 See

section 9703 is set out after section 9704 of this title.
References in Text note below.

Page 464

formance 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 endorsed by the
agency that established the requirement, and
the endorsement included in the proposing agency’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 waiver. A waiver may be renewed for a subsequent
year. After a waiver has been in effect for three
consecutive years, the performance plan prepared under section 1115 may propose that a
waiver, other than a waiver of limitations on
compensation or remuneration, be made permanent.
(f) For purposes of this section, the definitions
under section 1115(f) 2 shall apply.
(Added Pub. L. 103–62, § 5(a), Aug. 3, 1993, 107
Stat. 289.)
REFERENCES IN TEXT
Section 1105(a)(29), referred to in subsec. (a), was redesignated section 1105(a)(28) of this title by Pub. L.
104–287, § 4(1), Oct. 11, 1996, 110 Stat. 3388.
Section 1115(f), referred to in subsec. (f), was redesignated section 1115(g) of this title by Pub. L. 107–296,
title XIII, § 1311(a)(2), Nov. 25, 2002, 116 Stat. 2290.
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 note under section 1115 of this title.

§ 9704. Pilot projects for managerial accountability and flexibility
(a) The Director of the Office of Management
and Budget shall designate not less than five
agencies as pilot projects in managerial accountability 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 measuring and reporting program performance.
(b) Pilot projects in the designated agencies
shall include proposed waivers in accordance