Sec. 901. REORGANIZATION OF THE OFFICE OF THE SECRETARY OF DEFENSE AND RELATED MATTERS

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## SEC. 901 REORGANIZATION OF THE OFFICE OF THE SECRETARY OF DEFENSE AND RELATED MATTERS **[**Subsection

(a)was repealed by section 901(d) of division A of Public Law 114-328.**]** ###

(b)Chief Information Officer of the Department of Defense ####

(1)Statutory establishment of position Chapter 4 of title 10, United States Code, is amended by inserting after section 141 the following new section: > > ## “SEC. 142 Chief Information Officer > > **[**[10 U.S.C. 142](/us/usc/t10/s142)**]** > > > ### “(a) > > There is a Chief Information Officer of the Department of Defense. > > > ### “(b) > > > ####

(1)> > The Chief Information Officer of the Department of Defense— > > > ##### “(A) > > 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; > > > ##### “(B) > > has the responsibilities and duties specified in section 11315 of title 40; > > > ##### “(C) > > has the responsibilities specified for the Chief Information Officer in sections 2222, 2223(a), and 2224 of this title; and > > > ##### “(D) > > exercises authority, direction, and control over the Information Assurance Directorate of the National Security Agency. > > > #### “(2) > > The Chief Information Officer shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe. > > > ### “(c) > > 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.” > . ####

(2)Placement in the office of the secretary of defense Section 131(b) of such title, as amended by subsection (a)(2), is further amended— #####

(A)by redesignating paragraphs (5, (6), (7), and

(8)as paragraphs (6), (7), (8), and (9), respectively; and #####

(B)by inserting after paragraph

(4)the following new paragraph (5): > > #### “(5) > > The Chief Information Officer of the Department of Defense.” > . ###

(c)Repeal of Requirement for Defense Business System Management Committee Section 186 of title 10, United States Code, is repealed. ###

(d)Assignment of Responsibility for Defense Business Systems Section 2222 of title 10, United States Code, is amended— ####

(1)in subsection (a)— #####

(A)by inserting “and” at the end of paragraph (1); #####

(B)by striking “; and” at the end of paragraph

(2)and inserting a period; and #####

(C)by striking paragraph (3); ####

(2)in subsection (c)(1), by striking “Defense Business Systems Management Committee” and inserting “investment review board established under subsection (g)”; and ####

(3)in subsection (g)— #####

(A)in paragraph (1), by striking “, not later than March 15, 2012,”; #####

(B)in paragraph (2)(C), by striking “each” the first place it appears and inserting “the”; and #####

(C)in paragraph (2)(F), by striking “and the Defense Business Systems Management Committee, as required by section 186(c) of this title,”. ###

(e)Deadline for Establishment of Investment Review Board and Investment Management Process **[**[10 U.S.C. 2222 note](/us/usc/t10/s2222)**]** 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. ###

(f)Redesignation of Assistant Secretary of Defense for Operational Energy Plans and Programs To Reflect Merger With Deputy Under Secretary of Defense for Installations and Environment Paragraph

(9)of section 138(b) of title 10, United States Code, is amended to read as follows: > > #### “(9) > > One of the Assistant Secretaries is the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary— > > > ##### “(A) > > 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 > > > ##### “(B) > > is the principal advisor to the Secretary of Defense and the Deputy Secretary of Defense regarding operational energy plans and programs.” > . ###

(g)Clarification of Policy and Responsibilities of Assistant Secretary of Defense for Energy, Installations, and Environment ####

(1)Transfer of policy provisions from section 138c Chapter 173 of such title is amended— #####

(A)**[**[10 U.S.C. 2926](/us/usc/t10/s2926)**]** by adding at the end the following new section: > > ## “SEC. 2926 Operational energy activities” > ; #####

(B)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); #####

(C)in subsection

(a)(as so inserted and redesignated)— ######

(i)by inserting “Alternative Fuel Activities.—” before “The Assistant Secretary”; ######

(ii)by redesignating subparagraphs

(A)through

(E)as paragraphs

(1)through (5), respectively; and ######

(iii)in paragraph

(5)(as so redesignated), by striking “subsection (e)(4)” and inserting “subsection (c)(4)”; #####

(D)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; #####

(E)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; #####

(F)in paragraph

(4)of 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 #####

(G)in subsection

(c)of section 2926 (as transferred and redesignated by subparagraph (D)), by amending paragraphs (4), (5), and

(6)to read as follows: > > #### “(4) > > 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). > > > #### “(5) > > 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) > > A copy of the report set forth in paragraph (3). > > > ##### “(B) > > 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. > > > ##### “(C) > > An appendix prepared by the Chairman of the Joint Chiefs of Staff describing— > > > ###### “(i) > > the progress made by the Joint Requirements Oversight Council in implementing the energy Key Performance Parameter; and > > > ###### “(ii) > > details regarding how operational energy is being addressed in defense planning, scenarios, support to strategic analysis, and resulting policy to improve combat capability. > > > ##### “(D) > > 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. > > > ##### “(E) > > 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. > > > ##### “(F) > > Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets. > > > #### “(6) > > 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).” > . ####

(2)Repeal of superseded provision Sections 138c of such title is repealed. ###

(h)Amendments Relating to Certain Prescribed Assistant Secretary of Defense Positions Chapter 4 of title 10, United States Code, is further amended as follows: ####

(1)Assistant secretary of defense for logistics and materiel readiness Paragraph

(7)of section 138(b) is amended— #####

(A)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”; #####

(B)by striking the second sentence; #####

(C)by transferring to the end of that paragraph (as amended by subparagraph (B)) the text of subsection

(b)of section 138a; #####

(D)by transferring to the end of that paragraph (as amended by subparagraph (C)) the text of subsection

(c)of section 138a; and #####

(E)by redesignating paragraphs

(1)through

(3)in the text transferred by subparagraph

(C)of this paragraph as subparagraphs

(A)through (C), respectively. ####

(2)Assistant secretary of defense for research and engineering Paragraph

(8)of such section is amended— #####

(A)by striking the second sentence and inserting the text of subsection

(a)of section 138b; #####

(B)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—”; #####

(C)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; #####

(D)in subparagraph

(A)(as so transferred and redesignated)— ######

(i)by striking “The Assistant Secretary” and all that follows through “Test and Evaluation, shall”; and ######

(ii)by striking the period at the end and inserting “; and”; and #####

(E)in subparagraph

(B)(as so transferred and redesignated), by striking “The Assistant Secretary” and all that follows through “Test and Evaluation, shall”. ####

(3)Assistant secretary of defense for nuclear, chemical, and biological defense programs Paragraph

(10)of such section is amended— #####

(A)by striking the second sentence and inserting the text of subsection

(b)of section 138d; and #####

(B)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— ######

(i)by striking “of Defense for Nuclear, Chemical, and Biological Defense Programs”; and ######

(ii)by redesignating paragraphs

(1)through

(3)as subparagraphs

(A)through (C), respectively. ####

(4)Repeal of separate sections Sections 138a, 138b, and 138d are repealed. ###

(i)Codification of Restrictions on Use of the Deputy Under Secretary of Defense Title ####

(1)Codification **[**[10 U.S.C. 137 note](/us/usc/t10/s137)**]** 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: > > #### “(3) > > The officials authorized under this section shall be the only Deputy Under Secretaries of Defense.” > . ####

(2)Conforming repeal **[**[10 U.S.C. 137 note](/us/usc/t10/s137)**]** 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. **[**Subjection

(j)was repealed by section 1081(b)(1)(A) of Public Law 115–91.**]** ###

(k)Technical and Conforming Amendments Title 10, United States Code, is further amended as follows: ####

(1)In paragraph

(8)of section 131(b) (as redesignated by subsection (b)(2))— #####

(A)by redesignating subparagraphs

(A)through

(H)as subparagraphs

(B)through (I), respectively; and #####

(B)by inserting before subparagraph (B), as redesignated by subparagraph

(A)of this paragraph, the following new subparagraph (A): > > ##### “(A) > > The two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation under section 139a(c) of this title.” > . ####

(2)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”. ####

(3)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”. ####

(4)In section 2925(b), by striking “Operational Energy Plans and Programs” and inserting “Energy, Installations, and Environment”. ###

(l)Clerical Amendments ####

(1)The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended— **[**Subparagraph

(A)was repealed by section 1081(b)(1)(B) of Public Law 115–91.**]** #####

(B)by striking the items relating to sections 138a, 138b, 138c, and 138d; and #####

(C)by inserting after the item relating to section 141 the following new item:“142. Chief Information Officer.”. ####

(2)The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 186. ####

(3)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.” ". ###

(m)Executive Schedule Matters **[**Paragraphs

(1)and

(2)were repealed by section 1081(b)(1)(C) of Public Law 115–91.**]** ####

(3)Conforming amendment to prior reduction in number of assistant secretaries of defense Section 5315 of such title is amended by striking “Assistant Secretaries of Defense (16)” and inserting “Assistant Secretaries of Defense (14)”. ###

(n)References **[**[10 U.S.C. 131 note](/us/usc/t10/s131)**]** **[**Paragraph

(1)was repealed by section 1081(b)(1)(D) of Public Law 115–91.**]** ####

(2)ASDEIE 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 States shall be deemed to refer to the Assistant Secretary of Defense for Energy, Installations, and Environment.

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