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Code · BILL · 113th Congress · H.R. 3979 (EAH) — 113 HR 3979 EAH: Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 · Sec. 901

Sec. 901. Reorganization of the Office of the Secretary of Defense and Related Matters

2,641 words·~12 min read·/bill/113/hr/3979/eah/section-901

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Effective on February 1, 2017, section 132a of title 10, United States Code, is amended to read as follows: There is an Under Secretary of Defense for Business Management and Information, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Under Secretary also serves as— the Performance Improvement Officer of the Department of Defense; and the Chief Information Officer of the Department of Defense. Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense in the role of the Deputy Secretary as the Chief Management Officer of the Department of Defense, the Under Secretary of Defense for Business Management and Information shall perform such duties and exercise such powers as the Secretary of Defense may prescribe, including the following:
Assisting the Deputy Secretary of Defense in the Deputy Secretary’s role as the Chief Management Officer of the Department of Defense under section 132(c) of this title. Supervising the management of the business operations of the Department of Defense and adjudicating issues and conflicts in functional domain business policies. Establishing business strategic planning and performance management policies and measures and developing the Department of Defense Strategic Management Plan.
Establishing business information technology portfolio policies and overseeing investment management of that portfolio for the Department of Defense. Establishing end-to-end business process and policies for establishing, eliminating, and implementing business standards, and managing the Business Enterprise Architecture. Supervising the business process reengineering of the functional domains of the Department in order to support investment planning and technology development decision making for information technology systems.
The Under Secretary of Defense for Business Management and Information takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense. . Effective on the effective date specified in paragraph (1), section 131(b)(2) of such title is amended— by redesignating subparagraphs
(A)through
(E)as subparagraphs
(B)through (F), respectively; and by inserting before subparagraph
(B)(as so redesignated) the following new subparagraph (A): The Under Secretary of Defense for Business Management and Information. . Chapter 4 of title 10, United States Code, is amended by inserting after section 141 the following new section: There is a Chief Information Officer of the Department of Defense. The Chief Information Officer of the Department of Defense— is the Chief Information Officer of the Department of Defense for the purposes of sections 3506(a)(2) and 3544(a)(3) of title 44; has the responsibilities and duties specified in section 11315 of title 40; has the responsibilities specified for the Chief Information Officer in sections 2222, 2223(a), and 2224 of this title; and exercises authority, direction, and control over the Information Assurance Directorate of the National Security Agency. The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe. The Chief Information Officer takes precedence in the Department of Defense with the officials serving in positions specified in section 131(b)(4) of this title. The officials serving in positions specified in section 131(b)(4) and the Chief Information Officer of the Department of Defense take precedence among themselves in the order prescribed by the Secretary of Defense. . Section 131(b) of such title, as amended by subsection (a)(2), is further amended— by redesignating paragraphs (5, (6), (7), and
(8)as paragraphs (6), (7), (8), and (9), respectively; and by inserting after paragraph
(4)the following new paragraph (5): The Chief Information Officer of the Department of Defense. . Section 186 of title 10, United States Code, is repealed. Section 2222 of title 10, United States Code, is amended— in subsection (a)— by inserting and at the end of paragraph (1); by striking ; and at the end of paragraph
(2)and inserting a period; and by striking paragraph (3); in subsection (c)(1), by striking Defense Business Systems Management Committee and inserting investment review board established under subsection
(g); and in subsection (g)— in paragraph (1), by striking , not later than March 15, 2012, ; in paragraph (2)(C), by striking each the first place it appears and inserting the ; and in paragraph (2)(F), by striking and the Defense Business Systems Management Committee, as required by section 186(c) of this title, . The investment review board and investment management process required by section 2222(g) of title 10, United States Code, as amended by subsection (d)(3), shall be established not later than March 15, 2015. Paragraph
(9)of section 138(b) of title 10, United States Code, is amended to read as follows: One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary— is the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on matters relating to energy, installations, and environment; and is the principal advisor to the Secretary of Defense and the Deputy Secretary of Defense regarding operational energy plans and programs. . Chapter 173 of such title is amended— by adding at the end the following new section: ; by transferring paragraph
(3)of section 138c(c) of such title to section 2926, as added by subparagraph (A), inserting such paragraph after the section heading, and redesignating such paragraph as subsection (a); in subsection
(a)(as so inserted and redesignated)— by inserting “ Alternative Fuel Activities .—” before “The Assistant Secretary”; by redesignating subparagraphs
(A)through
(E)as paragraphs
(1)through (5), respectively; and in paragraph
(5)(as so redesignated), by striking subsection (e)(4) and inserting subsection (c)(4) ; by transferring subsections (d), (e), and
(f)of section 138c of such title to section 2926, as added by subparagraph (A), inserting those subsections after subsection
(a)(as transferred and redesignated by subparagraph (B)), and redesignating those subsections as subsections (b), (c), and (d), respectively; in subsections (a), (b), (c), and
(d)of section 2926 (as transferred and redesignated by subparagraphs
(B)and (D)), by inserting of Defense for Installations, Energy, and Environment after Assistant Secretary the first place it appears in each such subsection; in subsection
(b)of section 2926 (as transferred and redesignated by subparagraph (D)), by striking provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments, and inserting make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments ; and in subsection
(c)of section 2926 (as transferred and redesignated by subparagraph (D)), by amending paragraphs (4), (5), and
(6)to read as follows: Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year that were reviewed by the Assistant Secretary under paragraph (3). For each proposed budget covered by a report under paragraph
(4)for which the certification of the Assistant Secretary under paragraph
(3)is that the budget is not adequate for implementation of the strategy, the report shall include the following: A copy of the report set forth in paragraph (3). A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budget. An appendix prepared by the Chairman of the Joint Chiefs of Staff describing— the progress made by the Joint Requirements Oversight Council in implementing the energy Key Performance Parameter; and details regarding how operational energy is being addressed in defense planning, scenarios, support to strategic analysis, and resulting policy to improve combat capability. An appendix prepared by the Under Secretary of Defense for Acquisition, Technology, and Logistics certifying that and describing how the acquisition system is addressing operational energy in the procurement process, including long-term sustainment considerations, and how programs are extending combat capability as a result of these considerations. A separate statement of estimated expenditures and requested appropriations for that fiscal year for the activities of the Assistant Secretary in carrying out the duties of the Assistant Secretary. Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets. For each proposed budget covered by a report under paragraph
(4)for which the certification of the Assistant Secretary under paragraph
(3)is that the budget is adequate for implementation of the strategy, the report shall include the items set forth in subparagraphs (C), (D), and
(E)of paragraph (5). . Sections 138c of such title is repealed. Chapter 4 of title 10, United States Code, is further amended as follows: Paragraph
(7)of section 138(b) is amended— in the first sentence, by inserting after Readiness the following: , who shall be appointed from among persons with an extensive background in the sustainment of major weapons systems and combat support equipment ; by striking the second sentence; by transferring to the end of that paragraph (as amended by subparagraph (B)) the text of subsection
(b)of section 138a; by transferring to the end of that paragraph (as amended by subparagraph (C)) the text of subsection
(c)of section 138a; and by redesignating paragraphs
(1)through
(3)in the text transferred by subparagraph
(C)of this paragraph as subparagraphs
(A)through (C), respectively. Paragraph
(8)of such section is amended— by striking the second sentence and inserting the text of subsection
(a)of section 138b; by inserting after the text added by subparagraph
(A)of this paragraph the following: The Assistant Secretary, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, shall— ; by transferring paragraphs
(1)and
(2)of subsection
(b)of section 138b to the end of that paragraph (as amended by subparagraphs
(A)and (B)), indenting those paragraphs 2 ems from the left margin, and redesignating those paragraphs as subparagraphs
(A)and (B), respectively; in subparagraph
(A)(as so transferred and redesignated)— by striking The Assistant Secretary and all that follows through Test and Evaluation, shall ; and by striking the period at the end and inserting ; and ; and in subparagraph
(B)(as so transferred and redesignated), by striking The Assistant Secretary and all that follows through Test and Evaluation, shall . Paragraph
(10)of such section is amended— by striking the second sentence and inserting the text of subsection
(b)of section 138d; and by inserting after the text added by subparagraph
(A)of this paragraph the text of subsection
(a)of such section and in that text as so inserted— by striking of Defense for Nuclear, Chemical, and Biological Defense Programs ; and by redesignating paragraphs
(1)through
(3)as subparagraphs
(A)through (C), respectively. Sections 138a, 138b, and 138d are repealed. Effective on January 1, 2015, section 137a(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: The officials authorized under this section shall be the only Deputy Under Secretaries of Defense. . Effective on the effective date specified in paragraph (1), section 906(a)(2) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2426; 10 U.S.C. 137a note) is repealed. Effective on the effective date specified in subsection (a)(1)— section 131(b) of title 10, United States Code, is amended— by striking paragraph (5); and by redesignating paragraphs (6), (7), (8), and
(9)as paragraphs (5), (6), (7), and (8), respectively; and section 142 of such title is amended by striking subsection (c). Effective on the effective date specified in subsection (a)(1)— section 133(e)(1) of title 10, United States Code, is amended by striking and the Deputy Secretary of Defense and inserting , the Deputy Secretary of Defense, and the Under Secretary of Defense for Business Management and Information ; section 134(c) of such title is amended by inserting the Under Secretary of Defense for Business Management and Information, after the Deputy Secretary of Defense, ; section 137a(d) of such title is amended in the first sentence by striking all that follows after the military departments, and inserting and the Under Secretaries of Defense. ; and section 138(d) of such title is amended by striking the Deputy Chief Management Officer of the Department of Defense, . Title 10, United States Code, is further amended as follows: In paragraph
(8)of section 131(b) (as redesignated by subsection (b)(2))— by redesignating subparagraphs
(A)through
(H)as subparagraphs
(B)through (I), respectively; and by inserting before subparagraph (B), as redesignated by subparagraph
(A)of this paragraph, the following new subparagraph (A): The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) of this title. . In section 132(b), by striking is disabled or there is no Secretary of Defense and inserting dies, resigns, or is otherwise unable to perform the functions and duties of the office . In section 137a(b), by striking is absent or disabled and inserting dies, resigns, or is otherwise unable to perform the functions and duties of the office . Effective on the effective date specified in subsection (a)(1), in section 2222— by striking the Deputy Chief Management Officer of the Department of Defense each place it appears in subsections (c)(2)(E), (f)(1)(D), (f)(1)(E), (f)(2)(E), and (g)(1) and inserting the Under Secretary of Defense for Business Management and Information ; and in subsection (g)(3)(A)— by striking Deputy Chief Management Officer the first place it appears and inserting Under Secretary of Defense for Business Management and Information ; and by striking Deputy Chief Management Officer the second, third, and forth places it appears and inserting Under Secretary . In section 2925(b), by striking Operational Energy Plans and Programs and inserting Energy, Installations, and Environment . The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended— effective on the effective date specified in subsection (a)(1), by amending the item relating to section 132a to read as follows: 132a. Under Secretary of Defense for Business Management and Information. ; by striking the items relating to sections 138a, 138b, 138c, and 138d; and by inserting after the item relating to section 141 the following new item: 142. Chief Information Officer. . The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 186. The table of sections at the beginning of subchapter III of chapter 173 of such title is amended by adding at the end the following new item: 2926. Operational energy activities. . Effective on the effective date specified in subsection (a)(1), section 5313 of title 5, United States Code, is amended by inserting above the item relating to the Under Secretary of Defense for Acquisition, Technology, and Logistics the following: Under Secretary of Defense for Business Management and Information. . Effective on the effective date specified in subsection (a)(1), section 5314 of title 5, United States Code, is amended by striking Deputy Chief Management Officer of the Department of Defense. . Section 5315 of such title is amended by striking Assistant Secretaries of Defense
(16)and inserting Assistant Secretaries of Defense
(14). After February 1, 2017, any reference to the Deputy Chief Management Officer of the Department of Defense in any provision of law or in any rule, regulation, or other record, document, or paper of the United States shall be deemed to refer to the Under Secretary of Defense for Business Management and Information. Any reference to the Assistant Secretary of Defense for Operational Energy Plans and Programs or to the Deputy Under Secretary of Defense for Installations and Environment in any provision of law or in any rule, regulation, or other paper of the United State shall be deemed to refer to the Assistant Secretary of Defense for Energy, Installations, and Environment.
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  • Pub. L. 111-84
  • 123 Stat. 2426
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Sec. 901
Reorganization of the Office of the Secretary of Defense and Related Matters
Pub. L.Pub. L. 111-84
Stat.123 Stat. 2426
Cites 3Cited by 0 across 0 sources
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