§9703 — Title 31 Money and Finance | U.S. Code

Summary

Agencies may ask to waive some administrative rules in their yearly performance plans starting with fiscal year 1999. These requests can cover things like staffing levels, pay limits, and some budget transfer rules (including budget object classification 20 and subclassifications 11, 12, 31, and 32). The Director of the Office of Management and Budget (OMB) reviews and can approve the requests, and an approved waiver starts at the beginning of the fiscal year. Each request must say how more flexibility will improve performance and must give numbers showing the expected gains compared to current results and to what would happen without the waiver. If pay limits are relaxed, the request must state the exact dollar changes for bonuses or awards tied to meeting or missing goals. Any waiver of rules made by another agency must include that agency’s written approval. OMB can approve waivers for one or two years and may renew them. After three years in a row, a waiver (except pay-limit waivers) can be proposed to become permanent. Definitions from the related performance law apply.

Title 31, §9703

Money and Finance — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

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, 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.

§9703 Managerial accountability and flexibility

Summary

Title 31, §9703

Notes & Related Subsidiaries

Editorial Notes

References in Text

Statutory Notes and Related Subsidiaries

Construction

Construction

Citations & Metadata