10 U.S.C. § 144 — Director of Small Business Programs

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 L. 104–201, which was formerly set out as a note under section 131 of this title, was repealed by Pub.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 Page 219 TITLE 10—ARMED FORCES § 147 redesignated as the Director of Small Business Pro- grams of the Department of Defense. ‘‘(B) The Director of Small and Disadvantaged Busi- ness Utilization of the Department of the Army is re- designated as the Director of Small Business Pro- grams of the Department of the Army. ‘‘(C) The Director of Small and Disadvantaged Busi- ness Utilization of the Department of the Navy is re- designated as the Director of Small Business Pro- grams of the Department of the Navy. ‘‘(D) The Director of Small and Disadvantaged Business Utilization of the Department of the Air Force is redesignated as the Director of Small Busi- ness Programs of the Department of the Air Force. ‘‘(2) OFFICES REDESIGNATED.—The following offices within the Department of Defense are redesignated as follows: ‘‘(A) The Office of Small and Disadvantaged Busi- ness Utilization of the Department of Defense is re- designated as the Office of Small Business Programs of the Department of Defense. ‘‘(B) The Office of Small and Disadvantaged Busi- ness Utilization of the Department of the Army is re- designated as the Office of Small Business Programs of the Department of the Army. ‘‘(C) The Office of Small and Disadvantaged Busi- ness Utilization of the Department of the Navy is re- designated as the Office of Small Business Programs of the Department of the Navy. ‘‘(D) The Office of Small and Disadvantaged Busi- ness Utilization of the Department of the Air Force is redesignated as the Office of Small Business Pro- grams of the Department of the Air Force. ‘‘(3) REFERENCES.—Any reference in any law, regula- tion, document, paper, or other record of the United States to a position or office redesignated by paragraph (1) or (2) shall be deemed to be a reference to the posi- tion or office as so redesignated.’’ ROLE OF THE DIRECTORS OF SMALL BUSINESS PRO- GRAMS IN ACQUISITION PROCESSES OF THE DEPART- MENT OF DEFENSE Pub. L. 112–239, div. A, title XVI, § 1611, Jan. 2, 2013, 126 Stat. 2063, provided that: ‘‘(a) GUIDANCE REQUIRED.—The Secretary of Defense shall develop and issue guidance to ensure that the head of each Office of Small Business Programs of the Department of Defense is a participant as early as prac- ticable in the acquisition processes— ‘‘(1) of the Department, in the case of the Director of Small Business Programs in the Department of De- fense; and ‘‘(2) of the military department concerned, in the case of the Director of Small Business Programs in the Department of the Army, in the Department of the Navy, and in the Department of the Air Force. ‘‘(b) MATTERS TO BE INCLUDED.—Such guidance shall, at a minimum— ‘‘(1) require the Director of Small Business Pro- grams in the Department of Defense— ‘‘(A) to provide advice to the Defense Acquisition Board; and ‘‘(B) to provide advice to the Information Tech- nology Acquisition Board; and ‘‘(2) require coordination between the chiefs of staff of the Armed Forces and the service acquisition ex- ecutives, as appropriate (or their designees), and the Director of Small Business Programs in each mili- tary department as early as practical in the relevant acquisition processes.’’ § 145. Principal Advisor on Countering Weapons of Mass Destruction The Secretary of Defense may designate, from among the personnel of the Office of the Sec- retary of Defense, a Principal Advisor on Coun- tering Weapons of Mass Destruction. Such Prin- cipal Advisor shall coordinate the activities of the Department of Defense relating to coun- tering weapons of mass destruction. The indi- vidual designated to serve as such Principal Ad- visor shall be an individual who was appointed to the position held by the individual by and with the advice and consent of the Senate. (Added Pub. L. 115–232, div. A, title X, § 1082(a)(1), Aug. 13, 2018, 132 Stat. 1987.) [§ 146. Renumbered § 198] Statutory Notes and Related Subsidiaries LIMITATION ON INVOLUNTARY SEPARATION OF PERSONNEL Pub. L. 116–283, div. A, title IX, § 905(b), Jan. 1, 2021, 134 Stat. 3799, which provided that personnel of the Of- fice of Local Defense Community Cooperation could not be involuntarily separated from service during the one-year period beginning on Jan. 1, 2021, except for cause, was repealed by Pub. L. 117–81, div. A, title IX, § 902(d), Dec. 27, 2021, 135 Stat. 1869. ADMINISTRATION OF PROGRAMS Pub. L. 116–283, div. A, title IX, § 905(c), Jan. 1, 2021, 134 Stat. 3799, which authorized the Office of Local De- fense Community Cooperation to administer any pro- gram, project, or other activity administered by the Of- fice of Economic Adjustment of the Department of De- fense, was repealed by Pub. L. 117–81, div. A, title IX, § 902(d), Dec. 27, 2021, 135 Stat. 1869. § 147. Chief Diversity Officer (a) CHIEF DIVERSITY OFFICER.—(1) There is a Chief Diversity Officer of the Department of De- fense, who shall be appointed by the Secretary of Defense. (2) The Chief Diversity Officer shall be ap- pointed from among persons who have an exten- sive management or business background and experience with diversity and inclusion. A per- son may not be appointed as Chief Diversity Of- ficer within three years after relief from active duty as a commissioned officer of a regular com- ponent of an armed force. (3) The Chief Diversity Officer shall report di- rectly to the Secretary of Defense in the per- formance of the duties of the Chief Diversity Of- ficer under this section. (b) DUTIES.—The Chief Diversity Officer— (1) is responsible for providing advice on pol- icy, oversight, guidance, and coordination for all matters of the Department of Defense re- lated to diversity and inclusion; (2) advises the Secretary of Defense, the Sec- retaries of the military departments, and the heads of all other elements of the Department with regard to matters of diversity and inclu- sion; (3) shall establish and maintain a Depart- ment of Defense strategic plan that publicly states a diversity definition, vision, and goals for the Department; (4) shall define a set of strategic metrics that are directly linked to key organizational priorities and goals, actionable, and actively used to implement the strategic plan under paragraph (3); (5) shall advise in the establishment of train- ing in diversity dynamics and training in prac- tices for leading diverse groups effectively; (6) shall advise in the establishment of a strategic plan for diverse participation by in-