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10 U.S.C. § 125a — Reform: improvement of efficacy and efficiency
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall take such action as is necessary to reform the Department of Defense to improve the efficacy and efficiency of the Department, and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform.
**(b) Policy.—** The Secretary shall develop a policy and issue guidance to implement reform within the Department and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform.
**(c) Framework for Reform.—**
(1) **In general.—** — Not later than February 1, 2023, the Secretary shall establish policies, guidance, and a consistent reporting framework to measure the progress of the Department toward covered elements of reform, including by establishing categories of reform, consistent metrics, and a process for prioritization of reform activities.
(2) **Scope.—** — The framework required by paragraph (1) may address duties under the following:
(A) [Section 125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section125&num=0&edition=prelim).
(B) [Section 192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section192&num=0&edition=prelim).
(C) [Section 2222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222&num=0&edition=prelim).
(D) [Section 1124 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1124&num=0&edition=prelim).
(E) [Section 11319 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11319&num=0&edition=prelim).
(3) **Consultation.—** — The Secretary shall consult with the Deputy Secret
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Source file: Laws/federal/codes/united-states-code/title-10/section-125a-reform-improvement-of-efficacy-and-efficiency--b84fa3f8b3.md
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Source location: Title 10, Chapter 3, § 125a; chapter-003-general-powers-and-functions.md
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**(a) In General.—** The Secretary of Defense shall take such action as is necessary to reform the Department of Defense to improve the efficacy and efficiency of the Department, and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform.
**(b) Policy.—** The Secretary shall develop a policy and issue guidance to implement reform within the Department and to improve the ability of the Department to prioritize among and assess the costs and benefits of covered elements of reform.
**(c) Framework for Reform.—**
(1) **In general.—** — Not later than February 1, 2023, the Secretary shall establish policies, guidance, and a consistent reporting framework to measure the progress of the Department toward covered elements of reform, including by establishing categories of reform, consistent metrics, and a process for prioritization of reform activities.
(2) **Scope.—** — The framework required by paragraph (1) may address duties under the following:
(A) [Section 125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section125&num=0&edition=prelim).
(B) [Section 192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section192&num=0&edition=prelim).
(C) [Section 2222 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2222&num=0&edition=prelim).
(D) [Section 1124 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1124&num=0&edition=prelim).
(E) [Section 11319 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11319&num=0&edition=prelim).
(3) **Consultation.—** — The Secretary shall consult with the Deputy Secretary of Defense, the Performance Improvement Officer of the Department of Defense, the Chief Data Officer of the Department of Defense, the Chief Information Officer of the Department of Defense, the Director for Administration and Management of the Department of Defense, and the financial managers of the military departments in carrying out activities under this subsection.
**(d) Covered Elements of Reform.—** For purposes of this section and the policies, guidance, and reporting framework required by subsection (c), covered elements of reform may include the following:
(1) Business systems modernization.
(2) Enterprise business operations process re-engineering.
(3) Expanded and modernized collection, management, dissemination, and visualization of data to support decision-making at all levels of the enterprise.
(4) Improvements in workforce training and education and increasing capabilities of the Department workforce to support and execute reform activities and business processes.
(5) Improvements to decision-making processes to enable cost savings, cost avoidance, or investments to develop process improvements.
(6) Development and implementation of a uniform methodology for tracking and assessing cost savings and cost avoidance from reform initiatives.
(7) Implementation of reform-focused research to improve management and administrative science.
(8) Tracking and implementation of technological approaches to improve management decision-making, such as artificial intelligence tools.
(9) Such other elements as the Secretary considers appropriate.
**(e) Annual Report.—** At the same time the budget of the President for a fiscal year is submitted to Congress pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim), the Secretary shall, using the policies, guidance, and reporting framework required by subsection (c), submit to the congressional defense committees a report, including detailed narrative justifications and tradeoff analyses between options, on the actions of the Department as follows:
(1) The activities, expenditures, and accomplishments carried out or made to effect reform under this section during the fiscal year in which such budget is submitted.
(2) The proposed activities, expenditures, and accomplishments to effect reform under this section, and consistent with priorities established by the Secretary, during the fiscal year covered by such budget and each of the four succeeding fiscal years.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for determining the most appropriate and cost efficient mix of military, civilian, and contractor personnel to perform the mission of the Department of Defense.
**(b) Risk Mitigation Over Cost.—** In establishing the policies and procedures under subsection (a), the Secretary shall clearly provide that attainment of a Department of Defense workforce sufficiently sized and comprised of the appropriate mix of personnel necessary to carry out the mission of the Department and the core mission areas of the armed forces takes precedence over cost. The Secretary may not reduce the civilian workforce programmed full-time equivalent levels, or conduct any reductions or realignments that occur outside the normal programming process (including ad hoc, immediate, or unprogrammed changes) of 50 employees or more implemented before or after the submission of the annual budget request, unless the Secretary conducts an appropriate analysis of the impacts of such reductions on workload, military force structure, lethality, readiness, operational effectiveness, stress on the military force, and fully burdened costs.
**(c) Delegation of Responsibilities.—** The Secretary shall delegate responsibility for implementation of the policies and procedures established under subsection (a) as follows:
(1) The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for guidance to implement such policies and procedures.
(2) The Secretaries of the military departments and the heads of the Defense Agencies shall have overall responsibility for the requirements determination, planning, programming, and budgeting for such policies and procedures. The Secretary of Def
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 129a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)), the Secretary of Defense shall take appropriate action (including the transfer, reassignment, consolidation, or abolition of any function, power, or duty) to provide more effective, efficient, and economical administration and operation, and to eliminate duplication, in the Department of Defense. However, except as provided by subsections (b) and (c), a function, power, or duty vested in the Department of Defense, or an officer, official, or agency thereof, by law may not be substantially transferred, reassigned, consolidated, or abolished.
**(b)** Notwithstanding subsection (a), if the President determines it to be necessary because of hostilities or an imminent threat of hostilities, any function, power, or duty vested by law in the Department of Defense, or an officer, official, or agency thereof, including one assigned to the Army, Navy, Air Force, Marine Corps, or Space Force by section 7062(b), 8062, 8063, 9062(c), or 9081 of this title, may be transferred, reassigned, or consolidated. The transfer, reassignment, or consolidation remains in effect until the President determines that hostilities have terminated or that there is no longer an imminent threat of hostilities, as the case may be.
**(c)** Notwithstanding subsection (a), the Secretary of Defense may assign or reassign the development and operational use of new weapons or weapons systems to one or more of the military departments or one or more of the armed forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 125
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) The term “covered agency” means each agency listed in section 901(b)(1) or 901(b)(2) of title 31.
(2) The term “information technology” has the meaning given that term under capital planning guidance issued by the Office of Management and Budget.
**(b) Additional Authorities for Chief Information Officers.—**
(1) **Planning, programming, budgeting, and execution authorities for cios.—**
(A) *In general.—* — The head of each covered agency other than the Department of Defense shall ensure that the Chief Information Officer of the agency has a significant role in—
(i) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; and
(ii) the management, governance, and oversight processes related to information technology.
(B) *Budget formulation.—* — The Director of the Office of Management and Budget shall require in the annual information technology capital planning guidance of the Office of Management and Budget the following:
(i) That the Chief Information Officer of each covered agency other than the Department of Defense approve the information technology budget request of the covered agency, and that the Chief Information Officer of the Department of Defense review and provide recommendations to the Secretary of Defense on the information technology budget request of the Department.
(ii) That the Chief Information Officer of each covered agency certify that information technology investments are adequately implementing incremental development, as defined in capital planning guidance issued by the Office of Management and Budget.
(C) *Review.—*
(i) *In genera
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 11319
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Business Processes Generally.—** The Secretary of Defense shall ensure that defense business processes are reviewed, and as appropriate revised, through business process reengineering to match best commercial practices, to the maximum extent practicable, so as to minimize customization of commercial business systems.
**(b) Defense Business Systems Generally.—** The Secretary of Defense shall ensure that each covered defense business system developed, deployed, and operated by the Department of Defense—
(1) supports efficient business processes that have been reviewed, and as appropriate revised, through business process reengineering;
(2) is integrated into a comprehensive defense business enterprise architecture;
(3) is managed in a manner that provides visibility into, and traceability of, expenditures for the system; and
(4) uses an acquisition and sustainment strategy that prioritizes the use of commercial software and business practices.
**(c) Issuance of Guidance.—**
(1) **Secretary of defense guidance.—** — The Secretary shall issue guidance to provide for the coordination of, and decision making for, the planning, programming, and control of investments in covered defense business systems.
(2) **Supporting guidance.—** — The Secretary shall direct the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Chief Information Officer of each of the military departments to issue and maintain supporting guidance, as appropriate and within their respective areas of responsibility, for the guidance of the Secretary issued under paragraph (1).
**(d) Guidance Elements.—** The guidance issued under subsection (c) shall include the following elements:
(1) Policy to ensure that
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2222
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—**
(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) Deputy.—** 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) Duties and Responsibilities.—** 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 f
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 132a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Overall Supervision.—**
(1) The Secretary of Defense shall assign responsibility for the overall supervision of each Defense Agency and Department of Defense Field Activity designated under [section 191(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section191/b&num=0&edition=prelim)—
(A) to a civilian officer within the Office of the Secretary of Defense listed in [section 131(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section131/b&num=0&edition=prelim); or
(B) to the Chairman of the Joint Chiefs of Staff.
(2) An official assigned such a responsibility with respect to a Defense Agency or Department of Defense Field Activity shall advise the Secretary of Defense on the extent to which the program recommendations and budget proposals of such agency or activity conform with the requirements of the military departments and of the unified and specified combatant commands.
(3) This subsection does not apply to the Defense Intelligence Agency or the National Security Agency.
**(b) Program and Budget Review.—** The Secretary of Defense shall establish procedures to ensure that there is full and effective review of the program recommendations and budget proposals of each Defense Agency and Department of Defense Field Activity.
**(c) Periodic Review.—**
(1)
(A) Not later than January 1, 2020, and periodically (but not less frequently than every four years) thereafter, the Secretary of Defense shall conduct a review of the efficiency and effectiveness of each Defense Agency and Department of Defense Field Activity. Each review shall, to the maximum extent practicable, be conducted in coordination with other ongoing efforts in connection with business enterprise reform.
(B)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 192
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Performance Improvement Officers.—**
(1) **Establishment.—** — At each agency, the head of the agency, in consultation with the agency Chief Operating Officer, shall designate a senior executive of the agency as the agency Performance Improvement Officer.
(2) **Function.—** — Each Performance Improvement Officer shall report directly to the Chief Operating Officer. Subject to the direction of the Chief Operating Officer, each Performance Improvement Officer shall—
(A) advise and assist the head of the agency and the Chief Operating Officer to ensure that the mission and goals of the agency are achieved through strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved;
(B) advise the head of the agency and the Chief Operating Officer on the selection of agency goals, including opportunities to collaborate with other agencies on common goals;
(C) assist the head of the agency and the Chief Operating Officer in overseeing the implementation of the agency strategic planning, performance planning, and reporting requirements provided under sections 1115 through 1122 of this title and sections 306 of title 5, including the contributions of the agency to the Federal Government priority goals;
(D) support the head of agency and the Chief Operating Officer in the conduct of regular reviews of agency performance, including at least quarterly reviews of progress achieved toward agency priority goals, if applicable;
(E) assist the head of the agency and the Chief Operating Officer in the development and use within the agency of performance measures in personnel performance appraisals, and, as appropriate, other agency personnel and planning processes and assessm
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1124
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, the Director of the Defense Innovation Unit, and the service acquisition executive for each military department, may carry out programs to award cash prizes and other types of prizes, including procurement contracts and other agreements, that the Secretary determines are appropriate to recognize outstanding achievements in basic, advanced, and applied research, technology development, and prototype development that—
(1) have the potential for application to the performance of the military missions of the Department of Defense; or
(2) demonstrate management practices that improve the schedule or performance, reduce the costs, or otherwise support the transition of technology into acquisition programs or operational use.
**(b) Competition Requirements.—** Each program under subsection (a) shall use a competitive process for the selection of recipients of cash prizes and for the selection of recipients of procurement contracts and other agreements. The process shall include the widely-advertised solicitation of submissions.
**(c) Limitations.—**
(1) No prize competition may result in the award of a prize with a fair market value of more than $20,000,000 without the approval of the Under Secretary of Defense for Research and Engineering.
(2) No prize competition may result in the award of more than $2,000,000 in cash prizes without the approval of the Under Secretary of Defense for Research and Engineering.
(3) No prize competition may result in the award of a solely nonmonetary prize with a fair market value of more than $20,000 without the approval of the Under Secretary of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4025
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
Page 143
TITLE 10—ARMED FORCES
§ 125a
1055; Pub. L. 101–510, div. A, title XIII, § 1301(3),
Nov. 5, 1990, 104 Stat. 1668; Pub. L. 113–291, div. A,
title X, § 1071(c)(1), Dec. 19, 2014, 128 Stat. 3508;
Pub. L. 115–232, div. A, title VIII, § 809(a), Aug.
13, 2018, 132 Stat. 1840; Pub. L. 116–283, div. A,
title IX, § 924(b)(3)(A), (b)(6), Jan. 1, 2021, 134
Stat. 3821, 3822.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
125(a) ......
125(b) ......
125(c) ......
125(d) ......
5:171a(c)(1), (2).
5:171n(a) (as applicable to
5:171a(c)(1)).
5:171a(c)(5).
5:171n(a) (as applicable to
5:171a(c)(5)).
5:171a(c)(4).
5:171a(c)(6).
5:171n(a) (as applicable to
5:171a(c)(6)).
July 26, 1947, ch. 343,
§ 202(c)(1), (2), (4), (5),
(6); added Aug. 10, 1949,
ch. 412, § 5(3d, 4th, 6th,
7th, and 8th pars.); re-
stated Aug. 6, 1958,
Pub. L. 85–599, § 3(a),
(1st, 2d, 5th, 6th, and
7th pars.), 72 Stat. 514,
515.
July 26, 1947, ch. 343,
§ 308(a) (as applicable
to § 202(c)(1), (5), (6)), 61
Stat. 509.
In subsection (a), the following substitutions are
made: ‘‘Except as provided by subsections (b) and (c)’’
for ‘‘except as otherwise provided in this subsection’’;
‘‘vested . . . by law’’ for ‘‘established by law to be per-
formed by’’; ‘‘recommending’’ for ‘‘stating’’; ‘‘proposes’’
for ‘‘contemplates’’; and ‘‘the period’’ for ‘‘the thirty-
day period or the forty-day period’’. The words ‘‘on the
first day after’’ are inserted for clarity. The words ‘‘if
carried out’’ are omitted as surplusage.
In subsection (b), the words ‘‘Notwithstanding sub-
section (a)’’ are substituted for the words ‘‘Notwith-
standing other provisions of this subsection’’; and ‘‘Un-
less the President determines otherwise’’ for ‘‘subject
to t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 125a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.