PUBLIC LAW 103-62—AUG. 3, 1993 107 STAT. 289 "(C) if the performance goal is impractical or infeasible, why that is the case and what action is recommended; "(4) describe the use and assess the effectiveness in achieving performance goals of any waiver under section 9703 of this title; and "(5) include the summary findings of those program evaluations completed during the fiscal year covered by the report. "(e) An agency head may include all program performance information required annually under this section in an annual financial statement required under section 3515 if any such statement is submitted to the Congress no later than March 31 of the applicable fiscal year. "(f) The functions and activities of this section shall be considered to be inherently Governmental functions. The drafting of program performance reports under this section shall be performed only by Federal employees. «§ 1117. Exemption "The Director of the Office of Management and Budget may exempt from the requirements of sections 1115 and 1116 of this title and section 306 of title 5, any agency with annual outlays of $20,000,000 or less.". SEC. 5. MANAGERIAL ACCOUNTABILITY AND FLEXIBILITY. (a) MANAGERIAL ACCOUNTABILITY AND FLEXIBILITY. —Chapter 97 of title 31, United States Code, is amended by adding after section 9702, the following new section:
- § 9703. 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 11()5, in return for specific individual or orgsuiization accountability to achieve a performance goal. In preparing and submitting the performance plan under section 1105(a)(29), 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
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