Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB2040 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	118THCONGRESS
3	3	1
4	4	STSESSION S. 2040
5	5	To reinstate the position of Chief Management Officer of the Department
6	6	of Defense, and for other purposes.
7	7	IN THE SENATE OF THE UNITED STATES
8	8	JUNE15, 2023
9	9	Mr. B
10	10	RAUN(for himself and Mr. MANCHIN) introduced the following bill;
11	11	which was read twice and referred to the Committee on Armed Services
12	12	A BILL
13	13	To reinstate the position of Chief Management Officer of
14	14	the Department of Defense, and for other purposes.
15	15	Be it enacted by the Senate and House of Representa-1
16	16	tives of the United States of America in Congress assembled, 2
17	17	SECTION 1. SHORT TITLE. 3
18	18	This Act may be cited as the ‘‘Pentagon Management 4
19	19	Oversight Act of 2023’’. 5
20	20	SEC. 2. REINSTATEMENT OF POSITION OF CHIEF MANAGE-6
21	21	MENT OFFICER OF DEPARTMENT OF DE-7
22	22	FENSE. 8
23	23	(a) R
24	24	EINSTATEMENT OF POSITION.— 9
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28	28	(1) IN GENERAL.—Chapter 4 of title 10, United 1
29	29	States Code, is amended by inserting after the item 2
30	30	relating to section 132 the following new item: 3
31	31	‘‘§ 132a. Chief Management Officer 4
32	32	‘‘(a) A
33	33	PPOINTMENT AND QUALIFICATIONS.—(1) 5
34	34	There is a Chief Management Officer of the Department 6
35	35	of Defense, appointed from civilian life by the President, 7
36	36	by and with the advice and consent of the Senate. 8
37	37	‘‘(2) The Chief Management Officer shall be ap-9
38	38	pointed from among persons who have an extensive man-10
39	39	agement or business background and experience with man-11
40	40	aging large or complex organizations. A person may not 12
41	41	be appointed as Chief Management Officer within seven 13
42	42	years after relief from active duty as a commissioned offi-14
43	43	cer of a regular component of an armed force. 15
44	44	‘‘(b) R
45	45	ESPONSIBILITIES.—Subject to the authority, 16
46	46	direction, and control of the Secretary of Defense and the 17
47	47	Deputy Secretary of Defense, the Chief Management Offi-18
48	48	cer shall perform such duties and exercise such powers as 19
49	49	the Secretary or the Deputy Secretary may prescribe, in-20
50	50	cluding the following: 21
51	51	‘‘(1) Serving as the chief management officer of 22
52	52	the Department of Defense with the mission of man-23
53	53	aging enterprise business operations and shared 24
54	54	services of the Department of Defense. 25
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58	58	‘‘(2) Serving as the principal advisor to the Sec-1
59	59	retary and the Deputy Secretary on establishing 2
60	60	policies for, and directing, all enterprise business op-3
61	61	erations of the Department, including planning and 4
62	62	processes, business transformation, and performance 5
63	63	measurement and management activities and pro-6
64	64	grams, including the allocation of resources for en-7
65	65	terprise business operations and unifying business 8
66	66	management efforts across the Department. 9
67	67	‘‘(3) Exercising authority, direction, and control 10
68	68	over the Defense Agencies and Department of De-11
69	69	fense Field Activities providing shared business serv-12
70	70	ices for the Department. 13
71	71	‘‘(4) Authority to direct the Secretaries of the 14
72	72	military departments and the heads of all other ele-15
73	73	ments of the Department with regard to matters for 16
74	74	which the Chief Management Officer has responsi-17
75	75	bility under this section. 18
76	76	‘‘(5) Serving as the official with principal re-19
77	77	sponsibility in the Department for minimizing the 20
78	78	duplication of efforts, maximizing efficiency and ef-21
79	79	fectiveness, and establishing metrics for performance 22
80	80	among and for all organizations and elements of the 23
81	81	Department. 24
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85	85	‘‘(c) BUDGETAUTHORITY.—(1)(A) Beginning in fis-1
86	86	cal year 2025, the Secretary of Defense, acting through 2
87	87	the Under Secretary of Defense (Comptroller), shall re-3
88	88	quire the head of each Defense Agency and Department 4
89	89	of Defense Field Activity (other than such agencies and 5
90	90	activities that are under the direction of the Director of 6
91	91	National Intelligence or are elements of the intelligence 7
92	92	community) to transmit the proposed budget of such 8
93	93	Agency or Activity for enterprise business operations for 9
94	94	a fiscal year, and for the period covered by the future- 10
95	95	years defense program submitted to Congress under sec-11
96	96	tion 221 of this title for that fiscal year, to the Chief Man-12
97	97	agement Officer for review under subparagraph (B) at the 13
98	98	same time the proposed budget is submitted to the Under 14
99	99	Secretary of Defense (Comptroller). 15
100	100	‘‘(B) The Chief Management Officer shall review 16
101	101	each proposed budget transmitted under subparagraph 17
102	102	(A) and, not later than January 31 of the year preceding 18
103	103	the fiscal year for which the budget is proposed, shall sub-19
104	104	mit to the Secretary a report containing the comments of 20
105	105	the Chief Management Officer with respect to all such pro-21
106	106	posed budgets, together with the certification of the Chief 22
107	107	Management Officer regarding whether each such pro-23
108	108	posed budget achieves the required level of efficiency and 24
109	109	effectiveness for enterprise business operations, consistent 25
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113	113	with guidance for budget review established by the Chief 1
114	114	Management Officer. 2
115	115	‘‘(C) Not later than March 31 each year, the Sec-3
116	116	retary shall submit to Congress a report that includes the 4
117	117	following: 5
118	118	‘‘(i) Each proposed budget for the enterprise 6
119	119	business operations of a Defense Agency or Depart-7
120	120	ment of Defense Field Activity that was transmitted 8
121	121	to the Chief Management Officer under subpara-9
122	122	graph (A). 10
123	123	‘‘(ii) Identification of each proposed budget con-11
124	124	tained in the most recent report submitted under 12
125	125	subparagraph (B) that the Chief Management Offi-13
126	126	cer did not certify as achieving the required level of 14
127	127	efficiency and effectiveness for enterprise business 15
128	128	operations. 16
129	129	‘‘(iii) A discussion of the actions that the Sec-17
130	130	retary proposes to take, together with any rec-18
131	131	ommended legislation that the Secretary considers 19
132	132	appropriate, to address inadequate levels of effi-20
133	133	ciency and effectiveness for enterprise business oper-21
134	134	ations achieved by the proposed budgets identified in 22
135	135	the report. 23
136	136	‘‘(iv) Any additional comments that the Sec-24
137	137	retary considers appropriate regarding inadequate 25
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141	141	levels of efficiency and effectiveness for enterprise 1
142	142	business operations achieved by the proposed budg-2
143	143	ets. 3
144	144	‘‘(2) Nothing in this subsection shall be construed to 4
145	145	modify or interfere with the budget-related responsibilities 5
146	146	of the Director of National Intelligence. 6
147	147	‘‘(d) P
148	148	RECEDENCE.—The Chief Management Officer 7
149	149	takes precedence in the Department of Defense after the 8
150	150	Secretary of Defense and the Deputy Secretary of De-9
151	151	fense. 10
152	152	‘‘(e) E
153	153	NTERPRISE BUSINESSOPERATION DE-11
154	154	FINED.—In this section, the term ‘enterprise business op-12
155	155	erations’ means those activities that constitute the cross- 13
156	156	cutting business operations used by multiple components 14
157	157	of the Department of Defense, but not those activities that 15
158	158	are directly tied to a single military department or Depart-16
159	159	ment of Defense component. The term includes business- 17
160	160	support functions designated by the Secretary of Defense 18
161	161	or the Deputy Secretary of Defense for purposes of this 19
162	162	section, such as aspects of financial management, 20
163	163	healthcare, acquisition and procurement, supply chain and 21
164	164	logistics, certain information technology, real property, 22
165	165	and human resources operations.’’. 23
166	166	(2) C
167	167	LERICAL AMENDMENT .—The table of sec-24
168	168	tions at the beginning of chapter 4 of such title is 25
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172	172	amended by inserting after the item relating to sec-1
173	173	tion 132 the following new item: 2
174	174	‘‘132a. Chief Management Officer.’’.
175	175	(b) MANAGEMENT AND OVERSIGHT OF DEFENSE 3
176	176	B
177	177	USINESSSYSTEMS.—Section 2222 of such title is 4
178	178	amended— 5
179	179	(1) in subsection (c)(2), by striking ‘‘the Chief 6
180	180	Information Officer of the Department of Defense’’ 7
181	181	and inserting ‘‘the Chief Management Officer of the 8
182	182	Department of Defense’’; 9
183	183	(2) in subsection (e)— 10
184	184	(A) in paragraph (1), by striking ‘‘the 11
185	185	Chief Information Officer’’ and inserting ‘‘the 12
186	186	Chief Management Officer’’; and 13
187	187	(B) in paragraph (6)— 14
188	188	(i) in subparagraph (A), in the matter 15
189	189	preceding clause (i)— 16
190	190	(I) in the first sentence, by strik-17
191	191	ing ‘‘The Chief Information Officer of 18
192	192	the Department of Defense, in coordi-19
193	193	nation with the Chief Data and Artifi-20
194	194	cial Intelligence Officer,’’ and insert-21
195	195	ing ‘‘The Chief Management Officer 22
196	196	of the Department of Defense’’; and 23
197	197	(II) in the second sentence, by 24
198	198	striking ‘‘the Chief Information Offi-25
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202	202	cer shall’’ and inserting ‘‘the Chief 1
203	203	Management Officer shall’’; and 2
204	204	(ii) in subparagraph (B), in the mat-3
205	205	ter preceding clause (i), by striking ‘‘The 4
206	206	Chief Information Officer’’ and inserting 5
207	207	‘‘The Chief Management Officer’’; 6
208	208	(3) in subsection (f)(1), in the second sentence, 7
209	209	by inserting ‘‘the Chief Management Officer and’’ 8
210	210	after ‘‘chaired by’’; 9
211	211	(4) in subsection (g)(2), by striking ‘‘the Chief 10
212	212	Information Officer of the Department of Defense’’ 11
213	213	each place it appears and inserting ‘‘the Chief Man-12
214	214	agement Officer of the Department of Defense’’; and 13
215	215	(5) in subsection (i)(5)(B), by striking ‘‘the 14
216	216	Chief Information Officer’’ and inserting ‘‘the Chief 15
217	217	Management Officer’’. 16
218	218	(c) C
219	219	ONFORMINGAMENDMENT.—Section 131(b) of 17
220	220	title 10, United States Code, is amended by inserting after 18
221	221	paragraph (1) the following new paragraph (2): 19
222	222	‘‘(2) The Chief Management Officer of the De-20
223	223	partment of Defense.’’. 21
224	224	(d) G
225	225	UIDANCEREQUIRED.—Not later than 30 days 22
226	226	after the date of the enactment of this Act, the Secretary 23
227	227	of Defense shall— 24
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231	231	(1) issue guidance to clearly delineate the au-1
232	232	thorities and responsibilities of the Chief Manage-2
233	233	ment Officer of the Department of Defense; and 3
234	234	(2) provide a charter for the position of the 4
235	235	Chief Management Officer to fully vest the authority 5
236	236	of the Chief Management Officer within the Depart-6
237	237	ment of Defense. 7
238	238	(e) R
239	239	EPORT ONEFFECT OFLAPSE INMANAGEMENT 8
240	240	O
241	241	VERSIGHT ONDEFENSEBUSINESSSYSTEMS.— 9
242	242	(1) I
243	243	N GENERAL.—Not later than 180 days 10
244	244	after the date of the enactment of this Act, the Dep-11
245	245	uty Secretary of Defense shall submit to the con-12
246	246	gressional defense committees a report on the effect 13
247	247	on defense business systems of the abolishment of 14
248	248	the position of Chief Management Officer and the 15
249	249	failure to reassign the responsibilities of the Chief 16
250	250	Management Officer with respect to defense business 17
251	251	systems for two years. 18
252	252	(2) D
253	253	EFENSE BUSINESS SYSTEM DEFINED .—In 19
254	254	this subsection, the term ‘‘defense business system’’ 20
255	255	has the meaning given that term in section 2222(i) 21
256	256	of title 10, United States Code. 22
257	257	Æ
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