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Code · BILL · 117th Congress · S. 2792 (Reported in Senate) — To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military c... · Sec. 1002

Sec. 1002. Commission on Planning, Programming, Budgeting, and Execution Reform

1,710 words·~8 min read·/bill/117/s/2792/rs/section-1002·

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There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the Commission on Planning, Programming, Budgeting, and Execution Reform (in this section referred to as the Commission ). The date of establishment referred to in paragraph
(1)is 30 days after the date of the enactment of this Act. The Commission shall be composed of 10 members from private civilian life who are recognized experts and have relevant professional experience in matters relating to the planning, programming, budgeting, and execution process of the Department of Defense. The members shall be appointed as follows: The Secretary of Defense shall appoint two members. The Chair and the Ranking Member of the Committee on Armed Services of the Senate shall each appoint one member. The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives shall each appoint one member. The Chair and the Ranking Member of the Subcommittee on Defense of the Committee on Appropriations of the Senate shall each appoint one member. The Chair and the Ranking Member of the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives shall each appoint one member. Members shall be appointed to the Commission under paragraph
(1)not later than 45 days after the Commission establishment date specified under subsection (a)(2). If one or more appointments under paragraph
(1)is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Chair of the Commission. The ranking member of the Committee on Armed Services of the Senate and the ranking member of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Vice Chair of the Commission. Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. The purpose of the Commission is to examine and make recommendations with respect to the planning, programming, budgeting, and execution process of the Department of Defense. In order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties: The Commission shall review the planning, programming, budgeting, and execution process of the Department of Defense, including the development and production of the Defense Planning Guidance, the Program Objective Memorandum, and the Budget Estimate Submission. The Commission shall conduct a comprehensive assessment of the efficacy and efficiency of all phases of the planning, programming, budgeting, and execution process, including the roles of key Department officials and the timelines to complete the process. Not later than one year after the Commission establishment date specified under subsection (a)(2), the Commission shall transmit to the Secretary of Defense and to Congress a report containing the review and assessment conducted under subsection (f), together with any recommendations of the Commission. The report shall include the following elements: An examination of the development of the Defense Planning Guidance, the Program Objective Memorandum, the Budget Estimate Submission, and any supporting documents. An analysis of the timelines involved in developing an annual budget request and the Future Years Defense Program, including the ability to make program changes within those timelines. A review of the sufficiency of the civilian personnel workforce in the Office of the Secretary of Defense and the Office of Cost Assessment and Program Evaluation to conduct budgetary and program evaluation analysis. An examination of the obstacles that inhibit, and the efforts to develop, new and agile programming and budgeting processes to enable rapid development and integration of emerging technology to enable the United States to more effectively counter near-peer competitors. A review of the frequency and sufficiency of budget and program execution analysis, to include any existing data analytics tools and any suggested improvements. Recommendations for reform for the Department to make internally. Recommendations for reform that require legislation. Any other elements the Commission considers appropriate. Not later than 180 days after the Commission establishment date specified in subsection (a)(2), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives and the Subcommittees on Defense of the Committees on Appropriations of the Senate and the House of Representatives a briefing on the status of its review and assessment to include a discussion of any interim recommendations. The report submitted to Congress under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. The Secretary may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. Not later than 45 days after the Commission establishment date specified in subsection (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, non-governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. The Commission may— procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. The daily rate paid an expert or consultant procured pursuant to paragraph
(1)may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended. The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. The Commission shall terminate 90 days after the date on which it submits the report required by subsection (g).
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  • Pub. L. 92-463
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Sec. 1002
Commission on Planning, Programming, Budgeting, and Execution Reform
Pub. L.Pub. L. 92-463
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