§132a — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must pick a Performance Improvement Officer from the top career civilian employees. That person must have strong management or business experience, like running large or complex organizations or leading big change or business transformation. The Secretary must also pick a Deputy from the same group. The Deputy is the officer’s main helper and will act in the officer’s place if the officer cannot work. Under the direction of the Secretary and Deputy Secretary, the officer must update and carry out the Department’s Strategic Management Plan required by the 2008 National Defense Authorization Act. The officer must lead the Defense Performance Improvement Council and the Performance Improvement Framework, run at least two annual Defense Management Action Group meetings tied to the strategic plan, and co-chair the Defense Business Council. The officer must oversee business modernization and process re‑engineering, track fixes for items on the GAO High Risk List and other GAO recommendations, lead modernization of business processes used for buying and running the Department, manage the Defense Management Institute (memo dated January 13, 2023), and call meetings of staff and organizations as needed.

Title 10, §132a

Armed Forces — Source: USLM XML via OLRC

(a)(1)There is a Performance Improvement Officer of the Department of Defense, to be appointed by the Secretary of Defense from among the ranks of qualified individuals from the senior career civil service.

(2)The Performance Improvement Officer shall be appointed from among persons described in paragraph (1) who have an extensive management or business background and experience with managing large or complex organizations, organizational change management, or business transformation activities.

(b)The Performance Improvement Officer shall be supported by a Deputy who shall be appointed by the Secretary of Defense from among the ranks of qualified individuals from the senior career civil service. The Deputy shall be the first assistant to the Performance Improvement Officer and shall assist that Officer in the performance of the duties of that position and shall act for, and exercise the powers of, the Officer when that Officer dies, resigns, or is otherwise unable to perform the functions and duties of the office.

(c)Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Performance Improvement Officer shall perform such duties, exercise such powers, and have such responsibilities as the Secretary or the Deputy Secretary may prescribe, including the following:

(1)Responsibility for updating and implementing the Strategic Management Plan of the Department of Defense required by section 904(d) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. note prec. 2201).

(2)Responsibility for chairing the Defense Performance Improvement Council (or any successor organization).

(3)Responsibility for the Defense Performance Improvement Framework, as established under section 125a of this title.

(4)Responsibility for the execution of not fewer than two annual meetings of the Defense Management Action Group (or any successor organization) with agendas relating to the Strategic Management Plan described in paragraph (1).

(5)Oversight of transformational business modernization and business process re-engineering of the Department of Defense.

(6)Oversight and tracking the implementation of—

(A)solutions to solve issues identified by the High Risk List maintained by the Government Accountability Office; and

(B)other recommendations of such Office.

(7)Serving as the lead official devoted to modernizing the business processes of the Department that serve as the baseline for all external acquisition and internal operations.

(8)Oversight and management of the Defense Management Institute (as established pursuant to the memorandum of the Director of Administration and Management of the Department dated January 13, 2023), or any successor organization.

(9)Serving as co-chair of the Defense Business Council in accordance with section 2222(f)(1) of this title.

(10)Maintaining authority for convening meetings of personnel and organizations of the Department on matters relating to the duties and responsibilities described in this subsection.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 132a, added Pub. L. 111–383, div. A, title IX, § 901(c)(1), Jan. 7, 2011, 124 Stat. 4320; amended Pub. L. 113–291, div. A, title IX, § 901(a)(1), Dec. 19, 2014, 128 Stat. 3462; Pub. L. 114–328, div. A, title IX, § 901(d), Dec. 23, 2016, 130 Stat. 2342; Pub. L. 115–91, div. A, title IX, § 910(a)(1), Dec. 12, 2017, 131 Stat. 1516; Pub. L. 115–232, div. A, title IX, § 921(a)(1), (2)(A), Aug. 13, 2018, 132 Stat. 1926; Pub. L. 116–92, div. A, title IX, § 903(a)(2), Dec. 20, 2019, 133 Stat. 1555, related to establishment and responsibilities of the Chief Management Officer of the Department of Defense, prior to repeal by Pub. L. 116–283, div. A, title IX, § 901(a)(1), Jan. 1, 2021, 134 Stat. 3794.

Amendments

2025—Pub. L. 119–60, § 1701(a)(3)(A), substituted “Improvement Officer” for “improvement officer” in section catchline. Subsec. (c)(1). Pub. L. 119–60, § 1701(a)(3)(B), substituted “National Defense Authorization Act for Fiscal Year 2008” for “National Defense Authorization Act of Fiscal Year 2008”.

Statutory Notes and Related Subsidiaries

Guidance Required Pub. L. 118–159, div. A, title IX, § 902(c), Dec. 23, 2024, 138 Stat. 2026, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall issue rules,

Regulations

, policies, or other guidance (as appropriate)— “(1) to clearly delineate the authorities and responsibilities of the Performance Improvement Officer of the Department of Defense established under section 132a of title 10, United States Code, as added by subsection (a); and “(2) setting forth a charter for the office (including personnel, facilities, and other infrastructure) supporting the position of the Performance Improvement Officer.” Transfer of Duties and Responsibilities of the Chief Management Officer Pub. L. 116–283, div. A, title IX, § 901(b)–(d), Jan. 1, 2021, 134 Stat. 3794, 3795, as amended by Pub. L. 117–81, div. A, title IX, § 904, Dec. 27, 2021, 135 Stat. 1871, provided for the transfer of duties and responsibilities, personnel, functions, and assets of the Chief Management Officer of the Department of Defense not later than one year after Jan. 1, 2021. Service of Incumbent Deputy Chief Management Officer as Chief Management Officer Upon Commencement of Latter Position Without Further Appointment Pub. L. 115–91, div. A, title IX, § 910(e), Dec. 12, 2017, 131 Stat. 1518, which provided that the individual serving in the position of Deputy Chief Management Officer of the Department of Defense as of February 1, 2018, could continue to serve as Chief Management Officer of the Department of Defense under former section 132a of this title, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794. Defense Agencies and Field Activities Providing Shared Business Services Pub. L. 115–91, div. A, title IX, § 910(f), Dec. 12, 2017, 131 Stat. 1518, which related to initial reporting requirements and notice to Congress on transfer to the Chief Management Officer of the Department of Defense of oversight of shared business services, was repealed by Pub. L. 116–283, div. A, title IX, § 901(a)(2)(B), Jan. 1, 2021, 134 Stat. 3794.

§132a Performance Improvement Officer