§ 9703. — Department of the Treasury Forfeiture Fund.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC9703]
TITLE 31--MONEY AND FINANCE
SUBTITLE VI--MISCELLANEOUS
CHAPTER 97--MISCELLANEOUS
Sec. 9703.\1\ Managerial accountability and flexibility
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\1\ Another section 9703 is set out after section 9704 of this
title.
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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),\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.
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\2\ See References in Text note below.
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(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) \2\ shall apply.
(Added Pub. L. 103-62, Sec. 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, Sec. 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,
Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 1115, 1116, 1118, 1119,
5340, 9704 of this title; title 40 section 11315; title 41 section 414.
