10 U.S.C. § 143 — Office of the Secretary of Defense per-

Page 217 TITLE 10—ARMED FORCES § 143 lows: ‘‘has the responsibilities for policy, oversight, guidance, and coordination for nuclear command and control systems;’’. 2018—Subsec. (b)(1)(A). Pub. L. 115–232, § 903(1), in- serted ‘‘(other than with respect to business systems and management)’’ after ‘‘sections 3506(a)(2)’’. Subsec. (b)(1)(B). Pub. L. 115–232, § 903(2), substituted ‘‘sections 11315 and 11319 of title 40 (other than with re- spect to business systems and management)’’ for ‘‘sec- tion 11315 of title 40’’. Subsec. (b)(1)(C). Pub. L. 115–232, § 903(3), substituted ‘‘sections 2223(a) (other than with respect to business systems and management) and 2224’’ for ‘‘sections 2222, 2223(a), and 2224’’. 2017—Subsec. (a). Pub. L. 115–91, § 909(a), inserted be- fore period at end ‘‘, who shall be appointed by the President, by and with the advice and consent of the Senate, from among civilians who are qualified to serve as such officer’’. Subsec. (b)(1)(I). Pub. L. 115–91, § 909(b), substituted ‘‘the information technology, networking, information assurance, cybersecurity, and cyber capability archi- tectures’’ for ‘‘the networking and cyber defense archi- tecture’’. Subsec. (b)(2) to (4). Pub. L. 115–91, § 909(c), added pars. (2) and (3) and redesignated former par. (2) as (4). Subsec. (c). Pub. L. 115–91, § 1081(b)(1)(A), repealed Pub. L. 113–291, § 901(j)(1)(B). See 2014 Amendment note below. Pub. L. 115–91, § 909(d), added subsec. (c), relating to the direct report of the Chief Information Officer to the Secretary of Defense. Subsec. (d). Pub. L. 115–91, § 909(d), added subsec. (d). 2016—Subsec. (b)(1)(E) to (I). Pub. L. 114–328 added subpars. (E) to (I). 2014—Subsec. (c). Pub. L. 113–291, § 901(j)(1)(B), which directed striking out subsec. (c), was repealed by Pub. L. 115–91, § 1081(b)(1)(A). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–91, div. A, title IX, § 909(g), Dec. 12, 2017, 131 Stat. 1516, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on January 1, 2019.’’ Pub. L. 115–91, div. A, title X, § 1081(b), Dec. 12, 2017, 131 Stat. 1597, provided that the amendment made by section 1081(b)(1)(A) is effective as of Dec. 23, 2016. EFFECTIVE DATE OF 2014 AMENDMENT Pub. L. 113–291, div. A, title IX, § 901(j)(1), Dec. 19, 2014, 128 Stat. 3467, which provided that the amendment made by section 901(j)(1)(B) is effective on the effective date specified in former section 901(a)(1) of Pub. L. 113–291, which was Feb. 1, 2017, was repealed by Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597. CRYPTOGRAPHIC MODERNIZATION SCHEDULES Pub. L. 116–283, div. A, title I, § 153, Jan. 1, 2021, 134 Stat. 3442, provided that: ‘‘(a) CRYPTOGRAPHIC MODERNIZATION SCHEDULES RE- QUIRED.—Each of the Secretaries of the military de- partments and the heads of relevant Defense Agencies and Department of Defense Field Activities shall estab- lish and maintain a cryptographic modernization schedule that specifies, for each pertinent weapon sys- tem, command and control system, or data link under the jurisdiction of such Secretary or head, including those that use commercial encryption technologies (as relevant), the following: ‘‘(1) The last year of use for applicable cryp- tographic algorithms. ‘‘(2) Anticipated key extension requests for systems where cryptographic modernization is assessed to be overly burdensome and expensive or to provide lim- ited operational utility. ‘‘(3) The funding and deployment schedule for mod- ernized cryptographic algorithms, keys, and equip- ment over the future-years defense program sub- mitted to Congress pursuant to section 221 of title 10, United States Code, in 2021 together with the budget of the President for fiscal year 2022. ‘‘(b) REQUIREMENTS FOR CHIEF INFORMATION OFFI- CER.—The Chief Information Officer of the Department of Defense shall— ‘‘(1) oversee the construction and implementation of the cryptographic modernization schedules re- quired by subsection (a); ‘‘(2) establish and maintain an integrated cryp- tographic modernization schedule for the entire De- partment of Defense, collating the cryptographic modernization schedules required under subsection (a); and ‘‘(3) in coordination with the Director of the Na- tional Security Agency and the Joint Staff Director for Command, Control, Communications, and Com- puters/Cyber, use the budget certification, standard- setting, and policy-making authorities provided in section 142 of title 10, United States Code, to amend Armed Force and Defense Agency and Field Activity plans for key extension requests and cryptographic modernization funding and deployment that pose un- acceptable risk to military operations. ‘‘(c) ANNUAL NOTICES.—Not later than January 1, 2022, and not less frequently than once each year thereafter until January 1, 2026, the Chief Information Officer and the Joint Staff Director shall jointly submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] notification of all— ‘‘(1) delays to or planned delays of Armed Force and Defense Agency and Field Activity funding and de- ployment of modernized cryptographic algorithms, keys, and equipment over the previous year; and ‘‘(2) changes in plans or schedules surrounding key extension requests and waivers, including— ‘‘(A) unscheduled or unanticipated key extension requests; and ‘‘(B) unscheduled or unanticipated waivers and nonwaivers of scheduled or anticipated key exten- sion requests.’’ SERVICE OF INCUMBENT WITHOUT FURTHER APPOINTMENT Pub. L. 115–91, div. A, title IX, § 909(f), Dec. 12, 2017, 131 Stat. 1516, provided that: ‘‘The individual serving in the position of Chief Information Officer of the Depart- ment of Defense as of January 1, 2019, may continue to serve in such position commencing as of that date without further appointment pursuant to section 142 of title 10, United States Code, as amended by this sec- tion.’’ § 143. Office of the Secretary of Defense per- sonnel: limitation (a) PERMANENT LIMITATION ON OSD PER- SONNEL.—The number of OSD personnel may not exceed 4,300. (b) OSD PERSONNEL DEFINED.—For purposes of this section, the term ‘‘OSD personnel’’ means military and civilian personnel of the Depart- ment of Defense who are assigned to, or em- ployed in, functions in the Office of the Sec- retary of Defense (including Direct Support Ac- tivities of that Office and the Washington Head- quarters Services of the Department of Defense). (c) LIMITATION ON REASSIGNMENT OF FUNC- TIONS.—In carrying out reductions in the num- ber of personnel assigned to, or employed in, the Office of the Secretary of Defense in order to comply with this section, the Secretary of De- fense may not reassign functions solely in order to evade the requirements contained in this sec- tion. Page 218 TITLE 10—ARMED FORCES § 144 (Added Pub. L. 105–85, div. A, title IX, § 911(d)(1), Nov. 18, 1997, 111 Stat. 1859; amended Pub. L. 106–65, div. A, title IX, § 921(c), Oct. 5, 1999, 113 Stat. 723; Pub. L. 114–328, div. A, title IX, § 903(a), Dec. 23, 2016, 130 Stat. 2344; Pub. L. 116–92, div. A, title IX, § 901(a)(1), Dec. 20, 2019, 133 Stat. 1541.) Editorial Notes CODIFICATION Section, as added by Pub. L. 105–85, consists of text of Pub. L. 104–201, div. A, title IX, § 903(a)–(f), Sept. 23, 1996, 110 Stat. 2617. Section 903 of Pub. L. 104–201, which was formerly set out as a note under section 131 of this title, was repealed by Pub. L. 105–85, div. A, title IX, § 911(d)(3), Nov. 18, 1997, 111 Stat. 1860. AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92, § 901(a)(1)(A), sub- stituted ‘‘4,300’’ for ‘‘3,767’’. Subsec. (b). Pub. L. 116–92, § 901(a)(1)(B), substituted ‘‘military and civilian personnel’’ for ‘‘military, civil- ian, and detailed personnel’’. 2016—Subsec. (b). Pub. L. 114–328 substituted ‘‘, civilian, and detailed personnel’’ for ‘‘and civilian personnel’’. 1999—Subsec. (a). Pub. L. 106–65, § 921(c)(1), sub- stituted ‘‘The number’’ for ‘‘Effective October 1, 1999, the number’’ and ‘‘3,767’’ for ‘‘75 percent of the baseline number’’. Subsec. (b). Pub. L. 106–65, § 921(c)(2), (3), redesignated subsec. (d) as (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘The number of OSD personnel— ‘‘(1) as of October 1, 1997, may not exceed 85 percent of the baseline number; and ‘‘(2) as of October 1, 1998, may not exceed 80 percent of the baseline number.’’ Subsec. (c). Pub. L. 106–65, § 921(c)(2), (3), redesignated subsec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: ‘‘For purposes of this section, the term ‘baseline number’ means the number of OSD personnel as of October 1, 1994.’’ Subsecs. (d), (e). Pub. L. 106–65, § 921(c)(3), redesig- nated subsecs. (d) and (e) as (b) and (c), respectively. Subsec. (f). Pub. L. 106–65, § 921(c)(2), struck out head- ing and text of subsec. (f). Text read as follows: ‘‘If the Secretary of Defense determines, and certifies to Con- gress, that the limitation in subsection (b) with respect to any fiscal year would adversely affect United States national security, the Secretary may waive the limita- tion under that subsection with respect to that fiscal year. If the Secretary of Defense determines, and cer- tifies to Congress, that the limitation in subsection (a) during fiscal year 1999 would adversely affect United States national security, the Secretary may waive the limitation under that subsection with respect to that fiscal year. The authority under this subsection may be used only once, with respect to a single fiscal year.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–65, div. A, title IX, § 921(c), Oct. 5, 1999, 113 Stat. 723, provided that the amendment made by sec- tion 921(c) is effective Oct. 1, 1999. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PERSONNEL Pub. L. 110–417, [div. A], title XI, § 1111, Oct. 14, 2008, 122 Stat. 4619, as amended by Pub. L. 111–84, div. A, title XI, § 1109(a), Oct. 28, 2009, 123 Stat. 2492; Pub. L. 111–383, div. A, title X, § 1075(e)(17), Jan. 7, 2011, 124 Stat. 4375; Pub. L. 115–232, div. A, title VIII, § 809(b)(1), Aug. 13, 2018, 132 Stat. 1840, provided that: ‘‘(a) EXCEPTION TO LIMITATIONS ON PERSONNEL.—For fiscal year 2009 and fiscal years thereafter, the baseline personnel limitations in sections 143, 194, 7014, 8014, and 9014 of title 10, United States Code (as adjusted pursu- ant to subsection (b)), shall not apply to— ‘‘(1) acquisition personnel hired pursuant to the ex- pedited hiring authority provided in section 1705(h) [now 1705(g)] of title 10, United States Code, as amended by section 833 of this Act, or otherwise hired with funds in the Department of Defense Acquisition Workforce Development Fund established in accord- ance with section 1705(a) of such title; or ‘‘(2) personnel hired pursuant to a shortage cat- egory designation by the Secretary of Defense or the Director of the Office of Personnel Management. ‘‘(b) AUTHORITY TO ADJUST LIMITATIONS ON PER- SONNEL.—For fiscal year 2009 and fiscal years there- after, the Secretary of Defense or a Secretary of a mili- tary department may adjust the baseline personnel limitations in sections 143, 194, 3014, 5014 and 8014 of title 10, United States Code, to— ‘‘(1) fill a gap in the civilian workforce of the De- partment of Defense identified by the Secretary of Defense in a strategic human capital plan submitted to Congress in accordance with the requirements of [former] section 115b of such title; or ‘‘(2) accommodate increases in workload or modify the type of personnel required to accomplish work, for any of the following purposes: ‘‘(A) Performance of inherently governmental functions. ‘‘(B) Performance of work pursuant to section 2463 of title 10, United States Code. ‘‘(C) Ability to maintain sufficient organic exper- tise and technical capability. ‘‘(D) Performance of work that, while the position may not exercise an inherently governmental func- tion, nevertheless should be performed only by offi- cers or employees of the Federal Government or members of the Armed Forces because of the crit- ical nature of the work.’’ § 144. Director of Small Business Programs (a) DIRECTOR.—There is a Director of Small Business Programs in the Department of De- fense. The Director is appointed by the Sec- retary of Defense. (b) OFFICE OF SMALL BUSINESS PROGRAMS.— The Office of Small Business Programs of the Department of Defense is the office that is es- tablished within the Office of the Secretary of Defense under section 15(k) of the Small Busi- ness Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office. (c) DUTIES AND POWERS.—(1) The Director of Small Business Programs shall, subject to para- graph (2), perform such duties regarding small business programs of the Department of De- fense, and shall exercise such powers regarding those programs, as the Secretary of Defense may prescribe. (2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs. (Added Pub. L. 109–163, div. A, title IX, § 904(b)(1), Jan. 6, 2006, 119 Stat. 3400.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 109–163, div. A, title IX, § 904(a), Jan. 6, 2006, 119 Stat. 3399, provided that: ‘‘(1) POSITIONS REDESIGNATED.—The following posi- tions within the Department of Defense are redesig- nated as follows: ‘‘(A) The Director of Small and Disadvantaged Business Utilization of the Department of Defense is