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2026-07-06 10:51:44 -04:00

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LegalText 31 U.S.C. § 9703 Managerial accountability and flexibility us united_states_code code_section 31 MONEY AND FINANCE 97 MISCELLANEOUS 9703 31 U.S.C. § 9703 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc31@119-100.zip /us/usc/t31/s9703 data/legal/raw/us/code/title-31/usc31.xml df470a5e27869b7aef2dc9b75e66a15d736861197ef9e696f94438955a915a6b 94d3fba324cbbc12277242f872f8f47cff5250dbcdc0057fe857212764e4b704 d8cd297aa3fea79d60371c3b4576b8a6327efba1bb8a4b6c2072e1b84543a959 2026-07-04 official
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31 U.S.C. § 9703 - Managerial accountability and flexibility

Text

(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 agencys 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. 10362, § 5(a), Aug. 3, 1993, 107 Stat. 289.)

Notes

Editorial Notes

References in TextSection 1105(a)(29), referred to in subsec. (a), was redesignated section 1105(a)(28) of this title by Pub. L. 104287, § 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. 111352, § 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

ConstructionNo provision or amendment made by Pub. L. 10362 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. 10362, or to be construed as superseding any statutory requirement, see section 10 of Pub. L. 10362, set out as a Construction of 1993 Amendment note under section 1101 of this title.