U.S. Code » Title 31 » Subtitle SUBTITLE VI— MISCELLANEOUS › Chapter CHAPTER 97— MISCELLANEOUS

31 U.S.C. § 9703

Managerial accountability and flexibility

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(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 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) 1 shall apply.(Added Pub. L. 103–62, § 5(a), Aug. 3, 1993, 107 Stat. 289.)Editorial NotesReferences 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, 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 SubsidiariesConstruction

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.

Notes of Decisions
Cited in 12 cases, 1996–2016 · leading case: United States v. Sabulon Cardenas Cuellar, 96 F.3d 1179 (9th Cir. 1996).
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United States v. Sabulon Cardenas Cuellar, 96 F.3d 1179 (9th Cir. 1996). · cites it 13× “Congress has created a “Department of the Treasury Forfeiture Fund,” 31 U.S.C. § 9703 (a), which consists of, inter alia, all forfeited currency and all proceeds from forfeitures under any law administered by a Department of Treasury law enforcement organization.”
Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008). · cites it 2× “V) (appropriating a special fund for the purpose of property detention under any law enforced or administered by the Department of Justice); 31 U.S.C. § 9703 (a)(1)(A) (establishing a Department of Treasury Forfeiture Fund to pay the expenses of property detention); 16 U.”
United States v. One Trw, Model M14, 7.62 Caliber Rifle, Serial No. 1488973 From William K. Alverson, William K. Alverson, Claimant-Appellant, 441 F.3d 416 (6th Cir. 2006). · cites it 3× “1779 (formerly codified at 31 U.S.C. § 9703 (o)(l)), repealed by Homeland Security Act of 2002, Pub.”
Langbord v. United States Dep't of the Treasury, 783 F.3d 441 (3rd Cir. 2015). · cites it 6× “24 was not authorized to conduct a forfeiture under 31 U.S.C. § 9703 fails because the Mint is an entity within the Treasury and was not the only agency involved here.”
Mendez v. United States, 121 Fed. Cl. 370 (Fed. Cl. 2015). · cites it 4× “23 (discussing the Department of the Treasury Forfeiture Fund, 31 U.S.C. § 9703 , and the Department of Justice Assets Forfeiture Fund, 28 U.”
Ron Peterson Firearms, LLC v. Jones, 760 F.3d 1147 (10th Cir. 2014). “Peterson admits that this argument was not raised in the district court until his reply to ATF’s opposition to the motion to exclude. The argument was not specifically addressed by the district court, and we question whether it has been waived on appeal.”
Cabalce v. VSE Corp., 914 F. Supp. 2d 1145 (D. Haw. 2012). · cites it 2× “Indeed, federal law authorizes the Department of the Treasury under the Department of the Treasury Forfeiture Fund to pay "for the employment of outside contractors to operate and manage properties or to provide other specialized services necessary to dispose of such…”
United States v. One Hundred Thirty-Eight Thousand, Three Hundred Eighty-One Dollars in U.S. Currency, 240 F. Supp. 2d 220 (E.D.N.Y 2003). “Pursuant to 31 U.S.C. § 9703 , the Department of the Treasury and its agencies, including, but not limited to, the United States Customs Service, are hereby directed to dispose of the defendant currency and the forfeited cost bond in accordance with all applicable laws and…”
Doe v. United States, 65 Fed. Cl. 184 (Fed. Cl. 2005). “at 5 ; see also 31 U.S.C. § 9703 (h)(1)(B) (allowing Customs to transfer assets to any agency that assists in the seizure of property).”
United States v. $133,735.30 Seized from U.S. Bancorp Brokerage Account No. 32130630, 139 F.3d 729 (9th Cir. 1998). · cites it 4× “Pursuant to 31 U.S.C. § 9703 , the Forfeiture Fund is available to the Secretary of the Treasury for various law enforcement purposes relating to seizures and forfeitures, from paying the expenses of seizures to compensating informants to satisfying liens.”
United States v. One TRW, Model M14 (6th Cir. 2006). · cites it 3× “1779 (formerly codified at 31 U.S.C. § 9703 (o)(1)), repealed by Homeland Security Act of2 2002, Pub.”
United States v. Yeh, 199 F. Supp. 3d 998 (E.D. Va. 2016). “See 31 U.S.C. § 9703 (requiring forfeited funds to be directed to the Treasury’s Asset Forfeiture Fund); see also 28 U.”
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