[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2040 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2040
To reinstate the position of Chief Management Officer of the Department
of Defense, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2023
Mr. Braun (for himself and Mr. Manchin) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To reinstate the position of Chief Management Officer of the Department
of Defense, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pentagon Management Oversight Act of
2023''.
SEC. 2. REINSTATEMENT OF POSITION OF CHIEF MANAGEMENT OFFICER OF
DEPARTMENT OF DEFENSE.
(a) Reinstatement of Position.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by inserting after the item relating to section 132
the following new item:
``Sec. 132a. Chief Management Officer
``(a) Appointment and Qualifications.--(1) There is a Chief
Management Officer of the Department of Defense, appointed from
civilian life by the President, by and with the advice and consent of
the Senate.
``(2) The Chief Management Officer shall be appointed from among
persons who have an extensive management or business background and
experience with managing large or complex organizations. A person may
not be appointed as Chief Management Officer within seven years after
relief from active duty as a commissioned officer of a regular
component of an armed force.
``(b) Responsibilities.--Subject to the authority, direction, and
control of the Secretary of Defense and the Deputy Secretary of
Defense, the Chief Management Officer shall perform such duties and
exercise such powers as the Secretary or the Deputy Secretary may
prescribe, including the following:
``(1) Serving as the chief management officer of the
Department of Defense with the mission of managing enterprise
business operations and shared services of the Department of
Defense.
``(2) Serving as the principal advisor to the Secretary and
the Deputy Secretary on establishing policies for, and
directing, all enterprise business operations of the
Department, including planning and processes, business
transformation, and performance measurement and management
activities and programs, including the allocation of resources
for enterprise business operations and unifying business
management efforts across the Department.
``(3) Exercising authority, direction, and control over the
Defense Agencies and Department of Defense Field Activities
providing shared business services for the Department.
``(4) Authority to direct the Secretaries of the military
departments and the heads of all other elements of the
Department with regard to matters for which the Chief
Management Officer has responsibility under this section.
``(5) Serving as the official with principal responsibility
in the Department for minimizing the duplication of efforts,
maximizing efficiency and effectiveness, and establishing
metrics for performance among and for all organizations and
elements of the Department.
``(c) Budget Authority.--(1)(A) Beginning in fiscal year 2025, the
Secretary of Defense, acting through the Under Secretary of Defense
(Comptroller), shall require the head of each Defense Agency and
Department of Defense Field Activity (other than such agencies and
activities that are under the direction of the Director of National
Intelligence or are elements of the intelligence community) to transmit
the proposed budget of such Agency or Activity for enterprise business
operations for a fiscal year, and for the period covered by the future-
years defense program submitted to Congress under section 221 of this
title for that fiscal year, to the Chief Management Officer for review
under subparagraph (B) at the same time the proposed budget is
submitted to the Under Secretary of Defense (Comptroller).
``(B) The Chief Management Officer shall review each proposed
budget transmitted under subparagraph (A) and, not later than January
31 of the year preceding the fiscal year for which the budget is
proposed, shall submit to the Secretary a report containing the
comments of the Chief Management Officer with respect to all such
proposed budgets, together with the certification of the Chief
Management Officer regarding whether each such proposed budget achieves
the required level of efficiency and effectiveness for enterprise
business operations, consistent with guidance for budget review
established by the Chief Management Officer.
``(C) Not later than March 31 each year, the Secretary shall submit
to Congress a report that includes the following:
``(i) Each proposed budget for the enterprise business
operations of a Defense Agency or Department of Defense Field
Activity that was transmitted to the Chief Management Officer
under subparagraph (A).
``(ii) Identification of each proposed budget contained in
the most recent report submitted under subparagraph (B) that
the Chief Management Officer did not certify as achieving the
required level of efficiency and effectiveness for enterprise
business operations.
``(iii) A discussion of the actions that the Secretary
proposes to take, together with any recommended legislation
that the Secretary considers appropriate, to address inadequate
levels of efficiency and effectiveness for enterprise business
operations achieved by the proposed budgets identified in the
report.
``(iv) Any additional comments that the Secretary considers
appropriate regarding inadequate levels of efficiency and
effectiveness for enterprise business operations achieved by
the proposed budgets.
``(2) Nothing in this subsection shall be construed to modify or
interfere with the budget-related responsibilities of the Director of
National Intelligence.
``(d) Precedence.--The Chief Management Officer takes precedence in
the Department of Defense after the Secretary of Defense and the Deputy
Secretary of Defense.
``(e) Enterprise Business Operation Defined.--In this section, the
term `enterprise business operations' means those activities that
constitute the cross-cutting business operations used by multiple
components of the Department of Defense, but not those activities that
are directly tied to a single military department or Department of
Defense component. The term includes business-support functions
designated by the Secretary of Defense or the Deputy Secretary of
Defense for purposes of this section, such as aspects of financial
management, healthcare, acquisition and procurement, supply chain and
logistics, certain information technology, real property, and human
resources operations.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 4 of such title is amended by inserting
after the item relating to section 132 the following new item:
``132a. Chief Management Officer.''.
(b) Management and Oversight of Defense Business Systems.--Section
2222 of such title is amended--
(1) in subsection (c)(2), by striking ``the Chief
Information Officer of the Department of Defense'' and
inserting ``the Chief Management Officer of the Department of
Defense'';
(2) in subsection (e)--
(A) in paragraph (1), by striking ``the Chief
Information Officer'' and inserting ``the Chief
Management Officer''; and
(B) in paragraph (6)--
(i) in subparagraph (A), in the matter
preceding clause (i)--
(I) in the first sentence, by
striking ``The Chief Information
Officer of the Department of Defense,
in coordination with the Chief Data and
Artificial Intelligence Officer,'' and
inserting ``The Chief Management
Officer of the Department of Defense'';
and
(II) in the second sentence, by
striking ``the Chief Information
Officer shall'' and inserting ``the
Chief Management Officer shall''; and
(ii) in subparagraph (B), in the matter
preceding clause (i), by striking ``The Chief
Information Officer'' and inserting ``The Chief
Management Officer'';
(3) in subsection (f)(1), in the second sentence, by
inserting ``the Chief Management Officer and'' after ``chaired
by'';
(4) in subsection (g)(2), by striking ``the Chief
Information Officer of the Department of Defense'' each place
it appears and inserting ``the Chief Management Officer of the
Department of Defense''; and
(5) in subsection (i)(5)(B), by striking ``the Chief
Information Officer'' and inserting ``the Chief Management
Officer''.
(c) Conforming Amendment.--Section 131(b) of title 10, United
States Code, is amended by inserting after paragraph (1) the following
new paragraph (2):
``(2) The Chief Management Officer of the Department of
Defense.''.
(d) Guidance Required.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) issue guidance to clearly delineate the authorities and
responsibilities of the Chief Management Officer of the
Department of Defense; and
(2) provide a charter for the position of the Chief
Management Officer to fully vest the authority of the Chief
Management Officer within the Department of Defense.
(e) Report on Effect of Lapse in Management Oversight on Defense
Business Systems.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Deputy Secretary of Defense
shall submit to the congressional defense committees a report
on the effect on defense business systems of the abolishment of
the position of Chief Management Officer and the failure to
reassign the responsibilities of the Chief Management Officer
with respect to defense business systems for two years.
(2) Defense business system defined.--In this subsection,
the term ``defense business system'' has the meaning given that
term in section 2222(i) of title 10, United States Code.
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