303 
gressional defense committees a report on the results of the 
studies required by subsection (a). The report shall include 
the findings and recommendations of the studies and any 
observations and comments that the Secretary considers ap-
propriate. 
(d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 
this section, the term ‘‘network-centric operations’’ refers to 
the ability to exploit all human and technical elements of 
the Joint Force and mission partners through the full inte-
gration of collected information, awareness, knowledge, ex-
perience, and decisionmaking, enabled by secure access and 
distribution, all to achieve agility and effectiveness in a dis-
persed, decentralized, dynamic, or uncertain operational 
environment. 
SEC. 822. ANNUAL JOINT REPORT AND COMPTROLLER GEN-
ERAL REVIEW ON CONTRACTING IN IRAQ AND 
AFGHANISTAN. 
The National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 258; 10 U.S.C. 
2302 note) is amended by adding at the end of subtitle F 
of title VIII the following new section (and conforming the 
table of sections for such subtitle at the beginning of title 
VIII and at the beginning of such Act accordingly): 
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‘‘SEC. 865. ANNUAL JOINT REPORT AND COMPTROLLER 
GENERAL REVIEW ON CONTRACTING IN IRAQ 
AND AFGHANISTAN. 
‘‘(a) JOINT REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—Every 12 months, the Sec-
retary of Defense, the Secretary of State, and the Ad-
ministrator of the United States Agency for Inter-
national Development shall submit to the relevant 
committees of Congress a joint report on contracts in 
Iraq or Afghanistan. 
‘‘(2) MATTERS COVERED.—A report under this 
subsection shall, at a minimum, cover— 
‘‘(A) any significant developments or issues 
with respect to contracts in Iraq and Afghani-
stan during the reporting period; and 
‘‘(B) the plans of the departments and agen-
cy for strengthening interagency coordination of 
contracts in Iraq and Afghanistan or in future 
contingency operations, including plans related 
to the common databases identified under section 
861(b)(4). 
‘‘(3) REPORTING PERIOD.—A report under this 
subsection shall cover a period of not less than 12 
months. 
‘‘(4) SUBMISSION OF REPORTS.—The Secretaries 
and the Administrator shall submit an initial report 
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under this subsection not later than February 1, 
2011, and shall submit an updated report by Feb-
ruary 1 of every year thereafter until February 1, 
2013. If the total annual amount of obligations for 
contracts in Iraq and Afghanistan combined is less 
than $250 million for the reporting period, for the de-
partments and agency combined, the Secretaries and 
the Administrator may submit a letter documenting 
this in place of a report. 
‘‘(b) COMPTROLLER
GENERAL
REVIEW
AND
RE-
PORT.— 
‘‘(1) IN GENERAL.—Within 180 days after sub-
mission of each annual joint report required under 
subsection (a), but in no case later than August 5 of 
each year until 2013, the Comptroller General shall 
review the joint report and interagency coordination 
of contracting in Iraq and Afghanistan and submit to 
the relevant committees of Congress a report on such 
review. 
‘‘(2) MATTERS COVERED.—A report under this 
subsection shall, at minimum— 
‘‘(A) review how the Department of Defense, 
the Department of State, and the United States 
Agency for International Development are using 
the data contained in the common databases 
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identified under section 861(b)(4) in managing, 
overseeing, and coordinating contracting in Iraq 
and Afghanistan; and 
‘‘(B) assess the plans of the departments 
and agency for strengthening interagency coordi-
nation of contracts in Iraq and Afghanistan or 
in future contingency operations, particularly 
any plans related to the common databases iden-
tified under section 861(b)(4). 
‘‘(3) ACCESS TO DATABASES AND OTHER INFOR-
MATION.—The Secretary of Defense, the Secretary of 
State, and the Administrator of the United States 
Agency for International Development shall provide 
to the Comptroller General full access to information 
on contracts in Iraq and Afghanistan for the purposes 
of the review carried out under this subsection, in-
cluding the common databases identified under sec-
tion 861(b)(4).’’. 
SEC. 823. EXTENSION OF COMPTROLLER GENERAL REVIEW 
AND REPORT ON CONTRACTING IN IRAQ AND 
AFGHANISTAN. 
Section 863 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 258; 
10 U.S.C. 2302 note) is amended by striking ‘‘2010’’ in sub-
section (a)(3) and inserting ‘‘2011’’. 
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SEC. 824. INTERIM REPORT ON REVIEW OF IMPACT OF COV-
ERED SUBSIDIES ON ACQUISITION OF KC–45 
AIRCRAFT. 
(a) INTERIM REPORT.—The Secretary of Defense shall 
submit to the congressional defense committees an interim 
report on any review of a covered subsidy initiated pursu-
ant to subsection (a) of section 886 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4561) not later than 60 
days after the date of the initiation of the review. 
(b) REPORT CONTENTS.—The report required by sub-
section (a) shall contain detailed findings relating to the 
impact of the covered subsidy that led to the initiation of 
the review on the source selection process for the KC–45 Aer-
ial Refueling Aircraft Program or any successor to such 
program and whether the covered subsidy would provide an 
unfair competitive advantage to any bidder in the source 
selection process. 
SEC. 825. REPORTS ON JOINT CAPABILITIES INTEGRATION 
AND DEVELOPMENT SYSTEM. 
(a) INDEPENDENT ANALYSES.— 
(1) IN GENERAL.—A comprehensive analysis of 
the Joint Capabilities Integration and Development 
System shall be independently performed by each of 
the following: 
(A) The Secretary of Defense. 
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(B) A federally funded research and devel-
opment center selected by the Secretary of De-
fense. 
(2) MATTERS
COVERED.—Each such analysis 
shall— 
(A) evaluate the entire Joint Capabilities 
Integration and Development System and the 
problems associated with it, with particular em-
phasis on the problems relating to the length of 
time and the costs involved in identifying, as-
sessing, and validating joint military capability 
needs; and 
(B) identify the best solutions to the prob-
lems evaluated under subparagraph (A) and de-
velop recommendations to carry out those solu-
tions. 
(3) REPORTS.—Not later than six months after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representa-
tives— 
(A) a report by the Secretary on the anal-
ysis performed by the Secretary under para-
graph (1), with particular emphasis on contin-
uous process improvement; and 
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(B) a report by the federally funded re-
search and development center selected under 
paragraph (1)(B) on the analysis performed by 
the center under paragraph (1), together with 
such comments as the Secretary considers nec-
essary on the report. 
(b) IMPLEMENTATION.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense— 
(A) shall develop and begin implementing a 
plan to address the problems with the Joint Ca-
pabilities Integration and Development System, 
taking into account the recommendations devel-
oped in the analyses required under subsection 
(a) and as part of a program to manage per-
formance in establishing joint military require-
ments; and 
(B) shall submit to the Committees on 
Armed Services of the Senate and the House of 
Representatives a report on the plan, including, 
at a minimum, a timeline, objectives, milestones, 
and projected resource requirements. 
(2) REPORT
FORMAT.—The report required 
under paragraph (1)(B) may be included as part of 
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any report relating to a program to manage perform-
ance in establishing joint military requirements. 
Subtitle D—Other Matters 
SEC. 831. EXTENSION OF AUTHORITY FOR DEFENSE ACQUI-
SITION CHALLENGE PROGRAM. 
Section 2359b(k) of title 10, United States Code, is 
amended by striking ‘‘2012’’ and inserting ‘‘2017’’. 
SEC. 832. ENERGY SAVINGS PERFORMANCE CONTRACTS. 
(a) COMPETITION REQUIREMENTS FOR TASK OR DE-
LIVERY ORDERS UNDER ENERGY SAVINGS PERFORMANCE 
CONTRACTS.—Section 801 of the National Energy Con-
servation Policy Act (42 U.S.C. 8287) is amended by add-
ing at the end the following: 
‘‘(c) TASK OR DELIVERY ORDERS.—(1) The head of 
a Federal agency may issue a task or delivery order under 
an energy savings performance contract by— 
‘‘(A) notifying all contractors that have received 
an award under such contract that the agency pro-
poses to discuss energy savings performance services 
for some or all of its facilities and, following a rea-
sonable period of time to provide a proposal in re-
sponse to the notice, soliciting from such contractors 
the submission of expressions of interest in, and con-
tractor qualifications for, performing site surveys or 
investigations and feasibility designs and studies, and 
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including in the notice summary information con-
cerning energy use for any facilities that the agency 
has specific interest in including in such task or de-
livery order; 
‘‘(B) reviewing all expressions of interest and 
qualifications submitted pursuant to the notice under 
subparagraph (A); 
‘‘(C) selecting two or more contractors (from 
among those reviewed under subparagraph (B)) to 
conduct discussions concerning the contractors’ respec-
tive qualifications to implement potential energy con-
servation measures, including— 
‘‘(i) requesting references and specific de-
tailed examples with respect to similar efforts 
and the resulting energy savings of such similar 
efforts; and 
‘‘(ii) requesting an explanation of how such 
similar efforts relate to the scope and content of 
the task or delivery order concerned; 
‘‘(D) selecting and authorizing— 
‘‘(i) more than one contractor (from among 
those selected under subparagraph (C)) to con-
duct site surveys, investigations, feasibility de-
signs and studies or similar assessments for the 
energy savings performance contract services (or 
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for discrete portions of such services), for the 
purpose of allowing each such contractor to sub-
mit a firm, fixed-price proposal to implement 
specific energy conservation measures; or 
‘‘(ii) one contractor (from among those se-
lected under subparagraph (C)) to conduct a site 
survey, investigation, a feasibility design and 
study or similar assessment for the purpose of al-
lowing the contractor to submit a firm, fixed- 
price proposal to implement specific energy con-
servation measures; 
‘‘(E) providing a debriefing to any contractor 
not selected under subparagraph (D); 
‘‘(F) negotiating a task or delivery order for en-
ergy savings performance contracting services with 
the contractor or contractors selected under subpara-
graph (D) based on the energy conservation measures 
identified; and 
‘‘(G) issuing a task or delivery order for energy 
savings performance contracting services to such con-
tractor or contractors. 
‘‘(2) The issuance of a task or delivery order for energy 
savings performance contracting services pursuant to para-
graph (1) is deemed to satisfy the task and delivery order 
competition requirements in section 2304c(d) of title 10, 
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United States Code, and section 303J(d) of the Federal 
Property and Administrative Services Act of 1949 (41 
U.S.C. 253j(d)). 
‘‘(3) The Secretary may issue guidance as necessary 
to agencies issuing task or delivery orders pursuant to para-
graph (1).’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) is inapplicable to task or delivery orders issued 
before the date of enactment of this Act. 
SEC. 833. CONSIDERATION OF SUSTAINABLE PRACTICES IN 
PROCUREMENT OF PRODUCTS AND SERV-
ICES. 
(a) CONSIDERATION OF SUSTAINABLE PRACTICES.— 
(1) IN GENERAL.—The Secretary of Defense shall 
develop and issue guidance directing the Secretary of 
each military department and the head of each de-
fense agency to consider sustainable practices in the 
procurement of products and services. Such guidance 
shall ensure that strategies for acquiring products or 
services to meet departmental or agency performance 
requirements favor products or services described in 
paragraph (2) if such products or services can be ac-
quired on a life cycle cost-neutral basis. 
(2) PRODUCTS
OR
SERVICES.—A product or 
service described in this paragraph is a product or 
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service 
that 
is 
energy-efficient, 
water-efficient, 
biobased, environmentally preferable, non-ozone-de-
pleting, contains recycled content, is non-toxic, or is 
less toxic than alternative products or services. 
(b) EXCEPTION.—Subsection (a) does not apply to the 
acquisition of weapon systems or components of weapon 
systems. 
SEC. 834. DEFINITION OF MATERIALS CRITICAL TO NA-
TIONAL SECURITY. 
Section 187 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘materials critical to national se-
curity’ means materials— 
‘‘(A) 
upon 
which 
the 
production 
or 
sustainment of military equipment is dependent; 
and 
‘‘(B) the supply of which could be restricted 
by actions or events outside the control of the 
Government of the United States. 
‘‘(2) The term ‘military equipment’ means 
equipment used directly by the armed forces to carry 
out military operations.’’. 
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SEC. 835. DETERMINATION OF STRATEGIC OR CRITICAL 
RARE EARTH MATERIALS FOR DEFENSE AP-
PLICATIONS. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense shall undertake an assessment of the supply chain for 
rare earth materials and determine which, if any, rare 
earth materials are strategic materials and which rare 
earth materials are materials critical to national security. 
For the purposes of the assessment— 
(1) the Secretary may consider the views of other 
Federal agencies, as appropriate; 
(2) any study conducted by the Director, Indus-
trial Policy during fiscal year 2010 may be consid-
ered as partial fulfillment of the requirements of this 
section; 
(3) any study conducted by the Comptroller Gen-
eral of the United States during fiscal year 2010 may 
be considered as partial fulfillment of the require-
ments of this section; and 
(4) the Secretary shall consider the sources of 
rare earth materials (both in terms of source nations 
and number of vendors) including rare earth ele-
ments, rare earth metals, rare earth magnets, and 
other components containing rare earths. 
(b) PLAN.—In the event that the Secretary determines 
that a rare earth material is a strategic material or a mate-
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rial critical to national security, the Secretary shall develop 
a plan to ensure the long-term availability of such rare 
earth material, with a goal of establishing domestic sources 
of such material by December 31, 2015. In developing the 
plan, the Secretary shall consider all relevant components 
of the value-chain, including mining, processing, refining, 
and manufacturing. The plan shall include consideration 
of numerous options with respect to the material, includ-
ing— 
(1) an assessment of including the material in 
the National Defense Stockpile; 
(2) in consultation with the United States Trade 
Representative, the identification of any trade prac-
tices known to the Secretary that limit the Secretary’s 
ability to ensure the long-term availability of such 
material or the ability to meet the goal of establishing 
domestic sources of such material by December 31, 
2015; 
(3) an assessment of the availability of financing 
to industry, academic institutions, or not-for-profit 
entities to provide the capacity required to ensure the 
availability of the material and potential mechanisms 
to increase the availability of such financing; 
(4) the benefits, if any, of Defense Production 
Act funding to support the establishment of a domes-
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tic rare earth manufacturing capability for military 
components; 
(5) funding for research and development of any 
aspect of the rare earth supply-chain; 
(6) any other risk mitigation method determined 
appropriate by the Secretary that is consistent with 
the goal of establishing domestic sources by December 
31, 2015; and 
(7) for components of the rare earth material 
supply-chain for which no other risk mitigation meth-
od, in accordance with paragraphs (1) through (6), 
will ensure the establishment of a domestic source by 
December 31, 2015, a specific plan to eliminate sup-
ply-chain vulnerability by the earliest date prac-
ticable. 
(c) REPORT.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
committees described in paragraph (2) a report con-
taining the findings of the assessment under sub-
section (a) and the plan (if any) developed under sub-
section (b). 
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(2) CONGRESSIONAL COMMITTEES.—The congres-
sional committees described in this paragraph are as 
follows: 
(A) The congressional defense committees. 
(B) The Committee on Financial Services 
and the Committee on Ways and Means of the 
House of Representatives. 
(C) The Committee on Finance and the 
Committee on Banking, Housing, and Urban Af-
fairs of the Senate. 
(d) DEFINITIONS.—In this section: 
(1) STRATEGIC MATERIAL.—The term ‘‘strategic 
material’’ means a material— 
(A) which is essential for military equip-
ment; 
(B) which is unique in the function it per-
forms; and 
(C) for which there are no viable alter-
natives. 
(2) MATERIALS
CRITICAL
TO
NATIONAL
SECU-
RITY.—The term ‘‘materials critical to national secu-
rity’’ has the meaning provided by section 187(e) of 
title 10, United States Code, as amended by section 
827 of this Act. 
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SEC. 836. REVIEW OF NATIONAL SECURITY EXCEPTION TO 
COMPETITION. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall review the implementation by the Department of De-
fense of the national security exception to full and open 
competition provided in section 2304(c)(6) of title 10, 
United States Code. 
(b) MATTERS REVIEWED.—The review of the imple-
mentation of the national security exception required by 
subsection (a) shall include— 
(1) the pattern of usage of such exception by ac-
quisition organizations within the Department to de-
termine which organizations are commonly using the 
exception and the frequency of such usage; 
(2) the range of items or services being acquired 
through the use of such exception; 
(3) the process for reviewing and approving jus-
tifications involving such exception; 
(4) whether the justifications for use of such ex-
ception typically meet the relevant requirements of the 
Federal Acquisition Regulation applicable to the use 
of such exception; 
(5) issues associated with follow-on procurements 
for items or services acquired using such exception; 
and 
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(6) potential additional instances where such ex-
ception could be applied and any authorities avail-
able to the Department of Defense other than such ex-
ception that could be applied in such instances. 
(c) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and of the House of Representatives a report on the review 
required by subsection (a), including a discussion of each 
of the matters specified in subsection (b). The report shall 
include any recommendations relating to the matters re-
viewed that the Secretary considers appropriate. The report 
shall be submitted in unclassified form but may include a 
classified annex. 
(d) REGULATIONS.— 
(1) REQUIREMENT.—Not later than 270 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
committees described in paragraph (2) draft regula-
tions on the implementation of the national security 
exception to full and open competition provided in 
section 2304(c)(6) of title 10, United States Code, tak-
ing into account the results of the review required by 
subsection (a). 
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(2) CONGRESSIONAL COMMITTEES.—The congres-
sional committees described in this paragraph are the 
following: 
(A) The Committee on Armed Services and 
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate. 
(B) The Committee on Armed Services and 
the Committee on Oversight and Government Re-
form of the House of Representatives. 
SEC. 837. INCLUSION OF BRIBERY IN DISCLOSURE RE-
QUIREMENTS OF THE FEDERAL AWARDEE 
PERFORMANCE AND INTEGRITY INFORMA-
TION SYSTEM. 
(a) INCLUSION OF BRIBERY IN DISCLOSURE REQUIRE-
MENTS.—Section 872(c) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4556) is amended by adding at 
the end the following new paragraph: 
‘‘(8) To the maximum extent practical, informa-
tion similar to the information covered by paragraph 
(1) in connection with any law relating to bribery of 
a country which is a signatory of the Convention on 
Combating Bribery of Foreign Public Officials in 
International Business Transactions, signed at Paris 
on December 17, 1997.’’. 
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(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect not later than 90 days after the date 
of the enactment of this Act. 
SEC. 838. REQUIREMENT FOR ENTITIES WITH FACILITY 
CLEARANCES THAT ARE NOT UNDER FOR-
EIGN OWNERSHIP CONTROL OR INFLUENCE 
MITIGATION. 
(a) REQUIREMENT.—The Secretary of Defense shall re-
quire the directors of a covered entity to establish a govern-
ment security committee that shall ensure that the covered 
entity employs and maintains policies and procedures that 
meet requirements under the national industrial security 
program. 
(b) COVERED ENTITY.—A covered entity under this 
section is an entity— 
(1) to which the Department of Defense has 
granted a facility clearance; 
(2) that is not subject to foreign ownership con-
trol or influence mitigation measures; and 
(3) that is a corporation. 
(c) DISCRETIONARY REQUIREMENT.—The Secretary of 
Defense may require that the requirement in subsection (a) 
apply to an entity that meets the elements described in 
paragraphs (1) and (2) of subsection (b) and is a limited 
liability company, sole proprietorship, nonprofit corpora-
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tion, partnership, academic institution, or any other entity 
holding a facility clearance. 
(d) GUIDANCE.—The Secretary of Defense shall develop 
implementing guidance for the requirement in subsection 
(a). 
(e) GOVERNMENT SECURITY COMMITTEE.—For the 
purposes of this section, a government security committee 
is a subcommittee of a covered entity’s board of directors, 
made up of resident United States citizens, that is respon-
sible for ensuring that the covered entity complies with the 
requirements of the national industrial security program. 
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
Subtitle A—Department of Defense 
Management 
SEC. 901. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
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Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) REDESIGNATION OF SECRETARY AND OTHER 
STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER STATUTORY OFFICES.—The po-
sitions of the Under Secretary of the Navy, the 
four Assistant Secretaries of the Navy, and the 
General Counsel of the Department of the Navy 
are redesignated as the Under Secretary of the 
Navy and Marine Corps, the Assistant Secre-
taries of the Navy and Marine Corps, and the 
General Counsel of the Department of the Navy 
and Marine Corps, respectively. 
(b) CONFORMING AMENDMENTS TO TITLE 10, UNITED 
STATES CODE.— 
(1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 
Paragraph (8) of section 101(a) of title 10, United 
States Code, is amended to read as follows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the Navy 
and Marine Corps, and the Department of the Air 
Force.’’. 
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(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as fol-
lows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking ‘‘There 
is a Secretary of the Navy’’ and inserting ‘‘There is 
a Secretary of the Navy and Marine Corps’’. 
(4) CHAPTER HEADINGS.— 
(A) The heading of chapter 503 of such title 
is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such title 
is amended to read as follows: 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
(A) Title 10, United States Code, is amend-
ed by striking ‘‘Department of the Navy’’ and 
‘‘Secretary of the Navy’’ each place they appear 
other than as specified in paragraphs (1), (2), 
(3), and (4) (including in section headings, sub-
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Navy and Marine Corps’’ and ‘‘Secretary of the Navy 
and Marine Corps’’, respectively. 
(2) OTHER REFERENCES.—Any reference in any 
law other than in title 10 or title 37, United States 
Code, or in any regulation, document, record, or other 
paper of the United States, to the Department of the 
Navy shall be considered to be a reference to the De-
partment of the Navy and Marine Corps. Any such 
reference to an office specified in subsection (b)(2) 
shall be considered to be a reference to that officer as 
redesignated by that section. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first day 
of the first month beginning more than 60 days after the 
date of the enactment of this Act. 
SEC. 902. REALIGNMENT OF THE ORGANIZATIONAL STRUC-
TURE OF THE OFFICE OF THE SECRETARY OF 
DEFENSE TO CARRY OUT THE REDUCTION 
REQUIRED BY LAW IN THE NUMBER OF DEP-
UTY UNDER SECRETARIES OF DEFENSE. 
(a) REDESIGNATION OF CERTAIN POSITIONS IN THE 
OFFICE OF THE SECRETARY OF DEFENSE.—Positions in 
the Office of the Secretary of Defense of the Department of 
Defense are hereby redesignated as Assistant Secretaries of 
Defense as follows: 
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(1) The Director of Defense Research and Engi-
neering is redesignated as the Assistant Secretary of 
Defense for Research and Engineering. 
(2) The Director of Operational Energy Plans 
and Programs is redesignated as the Assistant Sec-
retary of Defense for Operational Energy Plans and 
Programs. 
(3) The Director of Cost Assessment and Pro-
gram Evaluation is redesignated as the Assistant Sec-
retary of Defense for Cost Assessment and Program 
Evaluation. 
(4) The Assistant to the Secretary of Defense for 
Nuclear and Chemical and Biological Defense Pro-
grams is redesignated as the Assistant Secretary of 
Defense for Nuclear, Chemical, and Biological Defense 
Programs. 
(b) AMENDMENTS TO CHAPTER 4 OF TITLE 10 RELAT-
ING
TO REALIGNMENT.—Chapter 4 of title 10, United 
States Code, is amended as follows: 
(1) REPEAL OF SEPARATE DEPUTY UNDER SEC-
RETARY PROVISIONS.—The following sections are re-
pealed: section 133a, 134a, and 136a. 
(2) COMPONENTS
OF
OSD.—Section 131(b) is 
amended to read as follows: 
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329 
‘‘(b) The Office of the Secretary of Defense is composed 
of the following: 
‘‘(1) The Deputy Secretary of Defense. 
‘‘(2) The Under Secretaries of Defense, as follows: 
‘‘(A) The Under Secretary of Defense for 
Acquisition, Technology, and Logistics. 
‘‘(B) The Under Secretary of Defense for 
Policy. 
‘‘(C) The Under Secretary of Defense 
(Comptroller). 
‘‘(D) The Under Secretary of Defense for 
Personnel and Readiness. 
‘‘(E) The Under Secretary of Defense for In-
telligence. 
‘‘(3) The Deputy Chief Management Officer of 
the Department of Defense. 
‘‘(4) The Principal Deputy Under Secretaries of 
Defense. 
‘‘(5) The Assistant Secretaries of Defense. 
‘‘(6) Other officers who are appointed by the 
President, by and with the advice and consent of the 
Senate, as follows: 
‘‘(A) The Director of Operational Test and 
Evaluation. 
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330 
‘‘(B) The General Counsel of the Depart-
ment of Defense. 
‘‘(C) The Inspector General of the Depart-
ment of Defense. 
‘‘(7) Other officials provided for by law, as fol-
lows: 
‘‘(A) The official designated under section 
1501(a) of this title to have responsibility for De-
partment of Defense matters relating to missing 
persons as set forth in section 1501 of this title. 
‘‘(B) The official designated under section 
2228(a)(2) of this title to have responsibility for 
Department of Defense policy related to the pre-
vention and mitigation of corrosion of the mili-
tary equipment and infrastructure of the Depart-
ment of Defense and for directing the activities 
of the Office of Corrosion Policy and Oversight. 
‘‘(C) The officials designated under sub-
sections (a) and (b) of section 2438(a) of this 
title to have responsibility, respectively, for de-
velopmental test and evaluation and for systems 
engineering. 
‘‘(D) The official designated under section 
2438a(a) of this title to have responsibility for 
conducting and overseeing performance assess-
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ments and root cause analyses for major defense 
acquisition programs. 
‘‘(E) The Director of Small Business Pro-
grams, provided for under section 2508 of this 
title. 
‘‘(8) Such other offices and officials as may be 
established by law or the Secretary of Defense may es-
tablish or designate in the Office.’’. 
(3) PRINCIPAL DEPUTY UNDER SECRETARIES OF 
DEFENSE.—Section 137a is amended— 
(A) in subsections (a)(1), (b), and (d), by 
striking ‘‘Deputy Under’’ each place it appears 
and inserting ‘‘Principal Deputy Under’’; 
(B) in subsection (a)(2), by striking ‘‘(A) 
The’’ and all that follows through ‘‘(5) of sub-
section (c)’’ and inserting ‘‘The Principal Dep-
uty Under Secretaries of Defense’’; 
(C) in subsection (c)— 
(i) by striking ‘‘One of the Deputy’’ in 
paragraphs (1), (2), (3), (4), and (5) and 
inserting ‘‘One of the Principal Deputy’’; 
(ii) by striking ‘‘appointed’’ and all 
that follows through ‘‘this title’’ in para-
graphs (1), (2), and (3); 
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332 
(iii) by striking ‘‘shall be’’ in para-
graphs (4) and (5) and inserting ‘‘is’’; and 
(iv) by adding at the end of paragraph 
(5) the following new sentence: ‘‘Any indi-
vidual nominated for appointment as the 
Principal Deputy Under Secretary of De-
fense for Intelligence shall have extensive in-
telligence expertise.’’; and 
(D) by adding at the end of subsection (d) 
the following new sentence: ‘‘The Principal Dep-
uty Under Secretaries take precedence among 
themselves in the order prescribed by the Sec-
retary of Defense.’’. 
(4) ASSISTANT SECRETARIES OF DEFENSE.—Sec-
tion 138 is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘12’’ and inserting 
‘‘17’’; and 
(ii) by striking ‘‘(A) The’’ and all that 
follows through ‘‘The other’’ and inserting 
‘‘The’’; 
(B) in subsection (b)— 
(i) by striking ‘‘shall be’’ in para-
graphs (2), (3), (4), (5), and (6) and insert-
ing ‘‘is’’; 
VerDate Mar 15 2010 
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334 
Defense Programs. In addition to any duties and powers 
prescribed under paragraph (1), the Assistant Secretary of 
Defense for Nuclear, Chemical, and Biological Defense Pro-
grams shall have the duties specified in section 138e of this 
title.’’; and 
(C) in subsection (d), by striking ‘‘and the 
Director of Defense Research and Engineering’’ 
and inserting ‘‘the Deputy Chief Management 
Officer of the Department of Defense, and the 
Principal Deputy Under Secretaries of Defense’’. 
(5) ASSISTANT SECRETARY FOR LOGISTICS AND 
MATERIEL READINESS.—Section 138a(a) is amend-
ed— 
(A) by striking ‘‘There is a’’ and inserting 
‘‘The’’; and 
(B) by striking ‘‘, appointed from civilian 
life by the President, by and with the advice and 
consent of the Senate. The Assistant Secretary’’. 
(6) ASSISTANT SECRETARY FOR RESEARCH AND 
ENGINEERING.—Section 139a is transferred so as to 
appear after section 138a, redesignated as section 
138b, and amended— 
(A) by striking subsection (a); 
(B) by redesignating subsections (b) and (c) 
as subsections (a) and (b), respectively; 
VerDate Mar 15 2010 
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335 
(C) in subsection (a), as so redesignated, by 
striking ‘‘Director of Defense’’ and inserting ‘‘As-
sistant Secretary of Defense for’’; and 
(D) in subsection (b), as so redesignated— 
(i) in paragraph (1), by striking ‘‘Di-
rector of Defense Research and Engineering, 
in consultation with the Director of Devel-
opmental Test and Evaluation’’ and insert-
ing ‘‘Assistant Secretary of Defense for Re-
search and Engineering, in consultation 
with the official designated under section 
2438(a) of this title to have responsibility 
for developmental test and evaluation func-
tions’’; and 
(ii) in paragraph (2), by striking ‘‘Di-
rector’’ and inserting ‘‘Assistant Secretary’’. 
(7) ASSISTANT
SECRETARY
FOR
OPERATIONAL 
ENERGY
PLANS
AND
PROGRAMS.—Section 139b is 
transferred so as to appear after section 138b (as 
transferred and redesignated by paragraph (6)), re-
designated as section 138c, and amended— 
(A) in subsection (a), by striking ‘‘There is 
a’’ and all that follows through ‘‘The Director’’ 
and inserting ‘‘The Assistant Secretary of De-
VerDate Mar 15 2010 
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336 
fense for Operational Energy Plans and Pro-
grams’’; 
(B) by striking ‘‘Director’’ each place it ap-
pears and inserting ‘‘Assistant Secretary’’; 
(C) in subsection (d)(2)— 
(i) by striking ‘‘Not later than’’ and 
all that follows through ‘‘military depart-
ments’’ and inserting ‘‘The Secretary of 
each military department’’; 
(ii) by striking ‘‘who will’’ and insert-
ing ‘‘who shall’’; and 
(iii) by inserting ‘‘so designated’’ after 
‘‘The officials’’; and 
(D) in subsection (d)(4), by striking ‘‘The 
initial’’ and all that follows through ‘‘updates to 
the strategy’’ and inserting ‘‘Updates to the 
strategy required by paragraph (1)’’. 
(8) ASSISTANT SECRETARY FOR COST ASSESS-
MENT AND PROGRAM EVALUATION.—Section 139c is 
transferred so as to appear after section 138c (as 
transferred and redesignated by paragraph (7)), re-
designated as section 138d, and amended— 
(A) by striking subsection (a); 
(B) by redesignating subsection (b) as sub-
section (a) and in that subsection— 
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337 
(i) striking ‘‘Director of’’ in paragraph 
(1) and inserting ‘‘Assistant Secretary of 
Defense for’’; and 
(ii) striking ‘‘Director’’ each place it 
appears in paragraphs (1)(A), (1)(B), and 
(2) and inserting ‘‘Assistant Secretary’’; 
(C) by striking subsection (c) and inserting 
the following: 
‘‘(b) RESPONSIBILITY FOR SPECIFIED FUNCTIONS.— 
There shall be within the office of the Assistant Secretary 
the following: 
‘‘(1) An official with primary responsibility for 
cost assessment. 
‘‘(2) An official with primary responsibility for 
program evaluation.’’; and 
(D) by redesignating subsection (d) as sub-
section (c) and in that subsection striking ‘‘Di-
rector of’’ in the matter preceding paragraph (1) 
and inserting ‘‘Assistant Secretary of Defense 
for’’. 
(9) ASSISTANT SECRETARY FOR NUCLEAR, CHEM-
ICAL, AND BIOLOGICAL DEFENSE PROGRAMS.—Section 
142 is transferred so as to appear after section 138d 
(as redesignated and transferred by paragraph (8)), 
redesignated as section 138e, and amended— 
VerDate Mar 15 2010 
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338 
(A) by striking subsection (a); 
(B) by striking ‘‘(b) The Assistant to the 
Secretary’’ and inserting ‘‘The Assistant Sec-
retary of Defense for Nuclear, Chemical, and Bi-
ological Defense Programs’’; and 
(C) by striking subsection (c). 
(c) OTHER AMENDMENTS TO CHAPTER 4 OF TITLE 
10.—Chapter 4 of title 10, United States Code, is further 
amended as follows: 
(1) OFFICE OF THE SECRETARY OF DEFENSE.— 
Section 131(a) is amended by striking ‘‘his’’ and in-
serting ‘‘the Secretary’s’’. 
(2) 
DEPUTY
SECRETARY.—Section 
132 
is 
amended by striking the second sentence of subsection 
(c). 
(3) DEPUTY
CHIEF
MANAGEMENT
OFFICER.— 
Such chapter is further amended by inserting after 
section 132 the following new section: 
‘‘§ 132a. Deputy Chief Management Officer 
‘‘(a) There is a Deputy Chief Management Officer of 
the Department of Defense, appointed from civilian life by 
the President, by and with the advice and consent of the 
Senate. 
‘‘(b) The Deputy Chief Management Officer assists the 
Deputy Secretary of Defense in the Deputy Secretary’s ca-
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339 
pacity as Chief Management Officer of the Department of 
Defense under section 132(c) of this title. 
‘‘(c) The Deputy Chief Management Officer takes prec-
edence in the Department of Defense after the Secretary of 
Defense, the Deputy Secretary of Defense, the Secretaries 
of the military departments, and the Under Secretaries of 
Defense.’’. 
(4) UNDER
SECRETARY
OF
DEFENSE
(COMP-
TROLLER).—Section 135(c) is amended by striking 
‘‘clauses’’ and inserting ‘‘paragraphs’’. 
(d) REPEAL OF POSITION TITLES SPECIFIED BY LAW 
FOR
STATUTORY
POSITIONS
RELATING
TO
DEVELOP-
MENTAL TEST AND EVALUATION AND SYSTEMS ENGINEER-
ING.— 
(1) TRANSFER OF SECTION FROM CHAPTER 4 TO 
PROGRAMMATIC CHAPTER.—Section 139d of title 10, 
United States Code, is transferred to chapter 144, in-
serted after section 2437, and redesignated as section 
2438. 
(2) DIRECTOR OF DEVELOPMENTAL TEST AND 
EVALUATION.—Subsection (a) of such section is 
amended— 
(A) by striking ‘‘(a) DIRECTOR OF’’ and all 
that follows through paragraph (3) and inserting 
the following: 
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340 
‘‘(a) DEVELOPMENTAL TEST AND EVALUATION.— 
‘‘(1) DESIGNATION OF RESPONSIBLE OFFICIAL.— 
The Secretary of Defense shall designate, from among 
individuals with expertise in test and evaluation, an 
official to be responsible to the Secretary and the 
Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics for developmental test and eval-
uation in the Department of Defense. 
‘‘(2) 
SUPERVISION.—The 
official 
designated 
under paragraph (1) shall report directly to an offi-
cial of the Department appointed from civilian life by 
the President, by and with the advice and consent of 
the Senate.’’; 
(B) by redesignating paragraphs (4), (5), 
(6), and (7) as paragraphs (3), (4), (5), and (6), 
respectively; 
(C) in paragraph (3), as so redesignated, by 
striking DIRECTOR OF SYSTEMS ENGINEERING’’ 
and all that follows through ‘‘Director of Systems 
Engineering’’ and inserting ‘‘SYSTEMS
ENGI-
NEERING.—The official designated under para-
graph (1) shall closely coordinate with the offi-
cial designated under subsection (b)’’; 
(D) in paragraph (4), as so redesignated, by 
striking ‘‘Director’’ in the matter preceding sub-
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342 
Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics for systems engineering and de-
velopment planning in the Department of Defense. 
‘‘(2) 
SUPERVISION.—The 
official 
designated 
under paragraph (1) shall report directly to an offi-
cial of the Department appointed from civilian life by 
the President, by and with the advice and consent of 
the Senate.’’; 
(B) by redesignating paragraphs (4), (5), 
and (6) as paragraphs (3), (4), and (5), respec-
tively; 
(C) in paragraph (3), as so redesignated, by 
striking ‘‘DIRECTOR OF DEVELOPMENTAL TEST 
AND EVALUATION’’ and all that follows through 
‘‘Director of Developmental Test And Evalua-
tion’’ and inserting ‘‘DEVELOPMENTAL TEST AND 
EVALUATION.—The official designated under 
paragraph (1) shall closely coordinate with the 
official designated under subsection (a)’’; 
(D) in paragraph (4), as so redesignated, by 
striking ‘‘Director’’ in the matter preceding sub-
paragraph (A) and inserting ‘‘official designated 
under paragraph (1)’’; and 
(E) in paragraph (5), as so redesignated— 
VerDate Mar 15 2010 
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343 
(i) by striking ‘‘Director shall’’ and in-
serting ‘‘official designated under para-
graph (1) shall’’; 
(ii) by striking ‘‘Director considers’’ 
and inserting ‘‘designated official con-
siders’’; and 
(iii) by striking ‘‘the Director’s duties’’ 
and inserting ‘‘that official’s duties’’. 
(4) JOINT ANNUAL REPORT.—Subsection (c) of 
such section is amended in the matter preceding 
paragraph (1)— 
(A) by striking ‘‘beginning in 2010,’’; 
(B) by striking ‘‘Director of Developmental 
Test and Evaluation and the Director of Systems 
Engineering’’ and inserting ‘‘officials designated 
under subsections (a) and (b)’’; 
(C) by striking ‘‘subsections (a) and (b)’’ 
and inserting ‘‘those subsections’’; and 
(D) by inserting ‘‘such’’ after ‘‘Each’’. 
(5) JOINT
GUIDANCE.—Subsection (d) of such 
section is amended in the matter preceding paragraph 
(1)— 
(A) by striking ‘‘Director of Developmental 
Test and Evaluation and the Director of Systems 
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344 
Engineering’’ and inserting ‘‘officials designated 
under subsections (a) and (b)’’; and 
(B) by striking ‘‘section 103 of the Weapon 
Systems Acquisition Reform Act of 2009’’ and 
inserting ‘‘section 2438a of this title’’. 
(6) REPEAL OF REDUNDANT DEFINITION.—Sub-
section (e) of such section is repealed. 
(e) CODIFICATION OF SECTION 103 OF WEAPON SYS-
TEMS ACQUISITION REFORM ACT OF 2009.— 
(1) CODIFICATION.—Chapter 144 of title 10, 
United States Code, is amended by inserting after sec-
tion 2438 (as transferred and redesignated by sub-
section (d)), a new section 2438a consisting of— 
(A) a section heading as follows: 
‘‘§ 2438a. Performance assessments and root cause 
analyses’’; and 
(B) a text consisting of the text of section 
103 of the Weapon Systems Acquisition Reform 
Act of 2009 (Public Law 111–23; 123 Stat. 1715; 
10 U.S.C. 2430 note), modified as specified in 
paragraph (2). 
(2) TECHNICAL AMENDMENTS DUE TO CODIFICA-
TION.—The modifications referred to in paragraph 
(1)(B) to the text specified in that paragraph are— 
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345 
(A) in subsection (b)(2), by striking ‘‘section 
2433a(a)(1) of title 10, United States Code (as 
added by section 206(a) of this Act)’’ and insert-
ing ‘‘section 2433a(a)(1) of this title’’; 
(B) in subsection (b)(5)— 
(i) by striking ‘‘section 2433a of title 
10, United States Code (as so added)’’ and 
inserting ‘‘section 2433a of this title’’; and 
(ii) by striking ‘‘prior to’’ both places 
it appears and inserting ‘‘before’’; 
(C) in subsection (d), by striking ‘‘section 
2433a of title 10, United States Code (as so 
added)’’ and inserting ‘‘section 2433a of this 
title’’; and 
(D) in subsection (f), by striking ‘‘beginning 
in 2010,’’. 
(f) TRANSFER OF SECTION PROVIDING FOR DIRECTOR 
OF SMALL BUSINESS PROGRAMS.—Section 144 of title 10, 
United States Code, is transferred to chapter 148, inserted 
after section 2507, and redesignated as section 2508. 
(g) REPEAL OF STATUTORY REQUIREMENT FOR OF-
FICE FOR MISSING PERSONNEL IN OSD.—Section 1501(a) 
of title 10, United States Code, is amended— 
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346 
(1) by striking the subsection heading and in-
serting the following: ‘‘RESPONSIBILITY FOR MISSING 
PERSONNEL .—’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘establish within the Office 
of the Secretary of Defense an office to have re-
sponsibility for Department of Defense policy’’ 
in the first sentence and inserting ‘‘designate 
within the Office of the Secretary of Defense an 
official as the Deputy Assistant Secretary of De-
fense for Prisoner of War/Missing Personnel Af-
fairs to have responsibility for Department of 
Defense matters’’; 
(B) by striking the second sentence; 
(C) by striking ‘‘of the office’’ and inserting 
‘‘of the official designated under this para-
graph’’; 
(D) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(E) by redesignating subparagraph (B) as 
subparagraph (C); and 
(F) by inserting after subparagraph (A) the 
following new subparagraph (B): 
‘‘(B) policy, control, and oversight of the pro-
gram established under section 1509 of this title, as 
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347 
well as the accounting for missing persons (including 
locating, recovering, and identifying missing persons 
or their remains after hostilities have ceased); and’’; 
(3) by redesignating paragraphs (2), (3), (4), 
and (5) as paragraphs (3), (4), (5), and (6), respec-
tively; 
(4) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The official designated under paragraph (1) 
shall also serve as the Director, Defense Prisoner of 
War/Missing Personnel Office, as established under 
paragraph (6)(A), exercising authority, direction, and 
control over that activity.’’. 
(5) in paragraph (3), as so redesignated— 
(A) by striking ‘‘of the office’’ the first place 
it appears; and 
(B) by striking ‘‘head of the office’’ and in-
serting ‘‘official designated under paragraph (1) 
and (2)’’; 
(6) in paragraph (4), as so redesignated— 
(A) by striking ‘‘office’’ and inserting ‘‘des-
ignated official’’; and 
(B) by inserting after ‘‘evasion)’’ the fol-
lowing: ‘‘and for personnel accounting (including 
locating, recovering, and identifying missing 
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(D) in subparagraph (C), by striking ‘‘of-
fice’’ and inserting ‘‘activity’’. 
(h) REPEAL OF STATUTORY REQUIREMENT FOR DI-
RECTOR OF OFFICE FOR CORROSION POLICY AND OVER-
SIGHT IN OSD.—Section 2228 of title 10, United States 
Code, is amended— 
(1) in subsection (a)— 
(A) by striking the subsection heading and 
inserting the following: ‘‘OFFICE OF CORROSION 
POLICY AND OVERSIGHT AND DESIGNATION OF 
RESPONSIBLE OFFICIAL’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) The Secretary of Defense shall designate, from 
among civilian employees of the Department of Defense 
with the qualifications described in paragraph (4), an offi-
cial to be responsible to the Secretary of Defense and the 
Under Secretary of Defense for Acquisition, Technology, 
and Logistics for the prevention and mitigation of corrosion 
of the military equipment and infrastructure of the Depart-
ment of Defense and for directing the activities of the Office 
of Corrosion Policy and Oversight.’’; 
(C) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; 
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(D) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) The official designated under paragraph (2) 
shall report directly to the Principal Deputy Under 
Secretary of Defense for Acquisition, Technology, and 
Logistics.’’. 
(E) in paragraph (4), as so redesignated, by 
striking ‘‘assigned to the position of Director’’ 
and inserting ‘‘designated under paragraph (2)’’; 
and 
(F) in paragraph (5), as so redesignated, by 
striking ‘‘of Director’’ and inserting ‘‘held by the 
official designated under paragraph (2)’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Director of Corrosion Pol-
icy and Oversight (in this section referred to as 
the ‘Director’)’’ in paragraph (1) and inserting 
‘‘official designated under subsection (a)(2)’’; 
and 
(B) by striking ‘‘Director’’ in paragraphs 
(2), (3), (4), and (5) and inserting ‘‘designated 
official’’; 
(3) in subsection (c), by striking ‘‘ADDITIONAL 
AUTHORITIES’’ and all that follows through ‘‘author-
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351 
ized to—’’ and inserting ‘‘ADDITIONAL DUTIES.—The 
official designated under subsection (a) shall —’’; and 
(4) in subsection (e), by striking ‘‘beginning with 
the budget for fiscal year 2009,’’. 
(i) REPEAL OF STATUTORY LIMITATION ON NUMBER 
OF DEPUTY UNDER SECRETARIES OF DEFENSE.—Section 
906(a)(2) of the National Defense Authorization Act for Fis-
cal Year 2010 (Public Law 111–84; 123 Stat. 2426; 10 
U.S.C. 137a note) is repealed. 
(j) CONFORMING AMENDMENTS TO TITLE 10.—Title 
10, United States Code, is amended as follows: 
(1) The following sections are amended by strik-
ing ‘‘Director of Cost Assessment and Program Eval-
uation’’ and inserting ‘‘Assistant Secretary of Defense 
for Cost Assessment and Program Evaluation’’: sec-
tions 
181(d), 
2306b(i)(1)(B), 
2366a(a)(4), 
2366a(a)(5), 
2366b(a)(1)(C), 
2433a(a)(2), 
2433a(b)(2)(C), 2434(b)(1)(A), and 2445c(f)(3). 
(2) Section 179(c) is amended— 
(A) by striking ‘‘Assistant to the Secretary 
of Defense for Nuclear and Chemical and Bio-
logical Defense Programs’’ in paragraphs (2) 
and (3) and inserting ‘‘Assistant Secretary of 
Defense for Nuclear, Chemical, and Biological 
Defense Programs’’; and 
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352 
(B) by striking ‘‘to the’’ in paragraph (3). 
(3) Section 2272 is amended by striking ‘‘Direc-
tor of Defense Research and Engineering’’ each place 
it appears and inserting ‘‘Assistant Secretary of De-
fense for Research and Engineering’’. 
(4) Section 2334 is amended— 
(A) by striking ‘‘Director of Cost Assessment 
and Program Evaluation’’ each place it appears 
and inserting ‘‘Assistant Secretary of Defense for 
Cost Assessment and Program Evaluation’’; and 
(B) by striking ‘‘Director’’ each place it ap-
pears (other than as specified in subparagraph 
(A)) and inserting ‘‘Assistant Secretary’’. 
(5) Section 2365 is amended— 
(A) in subsection (a), by striking ‘‘Director 
of Defense Research and Engineering’’ and in-
serting ‘‘Assistant Secretary of Defense for Re-
search and Engineering’’; 
(B) in subsection (d)(1), by striking ‘‘Direc-
tor’’ and inserting ‘‘Assistant Secretary’’; 
(C) in subsection (d)(2)— 
(i) by striking ‘‘Director of Defense Re-
search and Engineering’’ and inserting ‘‘As-
sistant Secretary of Defense for Research 
and Engineering’’; and 
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(ii) by striking ‘‘Director may’’ and 
inserting ‘‘Assistant Secretary may’’; and 
(D) in subsection (e), by striking ‘‘Director’’ 
and inserting ‘‘Assistant Secretary’’. 
(6) 
Sections 
2350a(g)(3), 
2366b(a)(3)(D), 
2374a(a), and 2517(a) are amended by striking ‘‘Di-
rector of Defense Research and Engineering’’ and in-
serting ‘‘Assistant Secretary of Defense for Research 
and Engineering’’. 
(7) Section 2902(b) is amended— 
(A) in paragraph (1), by striking ‘‘Deputy 
Under Secretary of Defense for Science and 
Technology’’ and inserting ‘‘official within the 
Office of the Assistant Secretary of Defense for 
Research and Engineering who is responsible for 
science and technology’’; and 
(B) in paragraph (3), by striking ‘‘Deputy 
Under Secretary of Defense’’ and inserting ‘‘offi-
cial within the Office of the Under Secretary of 
Defense for Acquisition, Technology, and Logis-
tics who is’’. 
(k) OTHER CONFORMING AMENDMENTS.— 
(1) Section 214 of the National Defense Author-
ization Act of Fiscal Year 2008 (10 U.S.C. 2521 note) 
is amended by striking ‘‘Director of Defense Research 
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354 
and Engineering’’ and inserting ‘‘Assistant Secretary 
of Defense for Research and Engineering’’. 
(2) Section 201(d) of the Weapon Systems Acqui-
sition Reform Act of 2009 (10 U.S.C. 181 note) is 
amended— 
(A) by striking ‘‘The Director of Cost As-
sessment and Program Evaluation’’ and insert-
ing ‘‘The Assistant Secretary of Defense for Cost 
Assessment and Program Evaluation’’; and 
(B) by striking ‘‘the Director’’ and inserting 
‘‘the Assistant Secretary’’. 
(l) SECTION
HEADING
AND
CLERICAL
AMEND-
MENTS.— 
(1) SECTION HEADING AMENDMENTS.—Title 10, 
United States Code, is amended as follows: 
(A) The heading of section 137a is amended 
to read as follows: 
‘‘§ 137a. Principal Deputy Under Secretaries of De-
fense’’. 
(B) The heading of section 138b, as trans-
ferred and redesignated by subsection (b)(6), is 
amended to read as follows: 
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356 
‘‘§ 2438. Developmental test and evaluation; systems 
engineering: designation of responsible of-
ficials; joint guidance’’. 
(2) CLERICAL AMENDMENTS.—Title 10, United 
States Code, is further amended as follows: 
(A) The table of sections at the beginning of 
chapter 4 is amended— 
(i) by inserting after the item relating 
to section 132 the following new item: 
‘‘132a. Deputy Chief Management Officer.’’; 
(ii) by striking the items relating to 
sections 133a, 134a, and 136a; 
(iii) by amending the item relating to 
section 137a to read as follows: 
‘‘137a. Principal Deputy Under Secretaries of Defense.’’; 
(iv) by inserting after the item relating 
to section 138a the following new items: 
‘‘138b. Assistant Secretary of Defense for Research and Engineering. 
‘‘138c. Assistant Secretary of Defense for Operational Energy Plans and Pro-
grams. 
‘‘138d. Assistant Secretary of Defense for Cost Assessment and Program Evalua-
tion. 
‘‘138e. Assistant Secretary of Defense for Nuclear, Chemical, and Biological De-
fense Programs.’’; and 
(v) by striking the items relating to 
sections 139a, 139b, 139c, 139d, 142, and 
144. 
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357 
(B) The item relating to section 2228 in the 
table of sections at the beginning of chapter 131 
is amended to read as follows: 
‘‘2228. Military equipment and infrastructure: prevention and mitigation of cor-
rosion.’’. 
(C) The table of sections at the beginning of 
chapter 144 is amended by inserting after the 
item relating to section 2437 the following new 
items: 
‘‘2438. Developmental test and evaluation; systems engineering: designation of re-
sponsible officials; joint guidance. 
‘‘2438a. Performance assessments and root cause analyses.’’. 
(D) The table of sections at the beginning of 
subchapter II of chapter 148 is amended by in-
serting after the item relating to section 2507 the 
following new item: 
‘‘2508. Director of Small Business Programs.’’. 
(m) EXECUTIVE SCHEDULE AMENDMENTS.—Chapter 
53 of title 5, United States Code, is amended as follows: 
(1) NUMBER OF ASSISTANT SECRETARY OF DE-
FENSE
POSITIONS.—Section 5315 is amended by 
striking ‘‘Assistant Secretaries of Defense (12)’’ and 
inserting ‘‘Assistant Secretaries of Defense (17)’’. 
(2) POSITIONS
REDESIGNATED
AS
ASSISTANT 
SECRETARY POSITIONS.— 
(A) Section 5315 is further amended— 
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358 
(i) by striking ‘‘Director of Cost Assess-
ment and Program Evaluation, Department 
of Defense.’’; and 
(ii) by striking ‘‘Director of Defense 
Research and Engineering.’’. 
(B) Section 5316 is amended by striking 
‘‘Assistant to the Secretary of Defense for Nu-
clear and Chemical and Biological Defense Pro-
grams.’’. 
(3) AMENDMENTS TO DELETE REFERENCES TO 
POSITIONS IN SENIOR EXECUTIVE SERVICE.—Section 
5316 is further amended— 
(A) by striking ‘‘Director, Defense Advanced 
Research Projects Agency, Department of De-
fense.’’; 
(B) by striking ‘‘Deputy General Counsel, 
Department of Defense.’’; 
(C) by striking ‘‘Deputy Under Secretaries 
of Defense for Research and Engineering, De-
partment of Defense (4).’’; and 
(D) by striking ‘‘Special Assistant to the 
Secretary of Defense.’’. 
(n) REFERENCES IN OTHER LAWS, ETC.—Any ref-
erence in any provision or law other than title 10, United 
States Code, or in any rule, regulation, or other paper of 
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359 
the United States, to any of the offices of the Department 
of Defense redesignated by subsection (a) shall be treated 
as referring to that office as so redesignated. 
(o) EFFECTIVE DATE.—The provisions of this section 
and the amendments made by this section shall take effect 
on January 1, 2011, or on such earlier date for any of such 
provisions as may be prescribed by the Secretary of Defense. 
If the Secretary prescribes an earlier date for any of those 
provisions or amendments, the Secretary shall notify Con-
gress in writing in advance of such date. 
SEC. 903. UNIFIED MEDICAL COMMAND. 
(a) ASSISTANT SECRETARY
OF DEFENSE.—Section 
138(b) of title 10, United States Code, as amended by sec-
tion 902, is further amended by adding at the end the fol-
lowing new paragraph: 
‘‘(12) One of the Assistant Secretaries is the As-
sistant Secretary of Defense for Health Affairs. In ad-
dition to any duties and powers prescribed under 
paragraph (1), the principal duty of the Assistant 
Secretary of Defense for Health Affairs is the overall 
supervision (including oversight of policy and re-
sources) of all health affairs and medical activities of 
the Department of Defense. The Assistant Secretary of 
Defense for Health Affairs is the principal civilian 
adviser to the Secretary of Defense on health affairs 
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360 
and medical matters and, after the Secretary and 
Deputy Secretary, is the principal health affairs and 
medical official within the senior management of the 
Department of Defense.’’. 
(b) UNIFIED COMBATANT COMMAND.— 
(1) IN
GENERAL.—Chapter 6 of such title is 
amended by inserting after section 167a the following 
new section: 
‘‘§ 167b. Unified combatant command for medical op-
erations 
‘‘(a) ESTABLISHMENT.—With the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff, the Presi-
dent, through the Secretary of Defense, may establish under 
section 161 of this title a unified command for medical op-
erations (hereinafter in this section referred to as the ‘uni-
fied medical command’). The principal function of the com-
mand is to provide medical services to the armed forces and 
other health care beneficiaries of the Department of Defense 
as defined in chapter 55 of this title. 
‘‘(b) ASSIGNMENT OF FORCES.—In establishing the 
unified medical command under subsection (a), all active 
military medical treatment facilities, training organiza-
tions, and research entities of the armed forces shall be as-
signed to such unified command, unless otherwise directed 
by the Secretary of Defense. 
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‘‘(c) GRADE OF COMMANDER.—The commander of the 
unified medical command shall hold the grade of general 
or, in the case of an officer of the Navy, admiral while serv-
ing in that position, without vacating his permanent grade. 
The commander of such command shall be appointed to that 
grade by the President, by and with the advice and consent 
of the Senate, for service in that position. The commander 
of such command shall be a member of a health profession 
described in paragraph (1), (2), (3), (4), (5), or (6) of sec-
tion 335(j) of title 37. During the five-year period begin-
ning on the date on which the Secretary establishes the com-
mand under subsection (a), the commander of such com-
mand shall be exempt from the requirements of section 
164(a)(1) of this title. 
‘‘(d) SUBORDINATE COMMANDS.—(1) The unified med-
ical command shall have the following subordinate com-
mands: 
‘‘(A) A command that includes all fixed military 
medical treatment facilities, including elements of the 
Department of Defense that are combined, operated 
jointly, or otherwise operated in such a manner that 
a medical facility of the Department of Defense is op-
erating in or with a medical facility of another de-
partment or agency of the United States. 
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