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TITLE IX — DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

House Conference Report 109-360

SEC. 904. DIRECTORS OF SMALL BUSINESS PROGRAMS IN DEPARTMENT OF DEFENSE AND MILITARY DEPARTMENTS.

(a) Redesignation of Existing Positions and Offices-

(1) POSITIONS REDESIGNATED- The following positions within the Department of Defense are redesignated as follows:

(A) The Director of Small and Disadvantaged Business Utilization of the Department of Defense is redesignated as the Director of Small Business Programs of the Department of Defense.

(B) The Director of Small and Disadvantaged Business Utilization of the Department of the Army is redesignated as the Director of Small Business Programs of the Department of the Army.

(C) The Director of Small and Disadvantaged Business Utilization of the Department of the Navy is redesignated as the Director of Small Business Programs 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 Business 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 Business Utilization of the Department of Defense is redesignated as the Office of Small Business Programs of the Department of Defense.

(B) The Office of Small and Disadvantaged Business Utilization of the Department of the Army is redesignated as the Office of Small Business Programs of the Department of the Army.

(C) The Office of Small and Disadvantaged Business Utilization of the Department of the Navy is redesignated as the Office of Small Business Programs of the Department of the Navy.

(D) The Office of Small and Disadvantaged Business Utilization of the Department of the Air Force is redesignated as the Office of Small Business Programs of the Department of the Air Force.

(3) REFERENCES- Any reference in any law, regulation, 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 position or office as so redesignated.

(b) Department of Defense-

(1) OSD POSITION AND OFFICE- Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 144. Director of Small Business Programs

`(a) Director- There is a Director of Small Business Programs in the Department of Defense. The Director is appointed by the Secretary of Defense.

`(b) Office of Small Business Programs- The Office of Small Business Programs of the Department of Defense is the office that is established within the Office of the Secretary of Defense under section 15(k) of the Small Business 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 paragraph (2), perform such duties regarding small business programs of the Department of Defense, 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.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`144. Director of Small Business Programs.'.

(c) Department of the Army-

(1) POSITION AND OFFICE- Chapter 303 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 3024. Director of Small Business Programs

`(a) Director- There is a Director of Small Business Programs in the Department of the Army. The Director is appointed by the Secretary of the Army.

`(b) Office of Small Business Programs- The Office of Small Business Programs of the Department of the Army is the office that is established within the Department of the Army under section 15(k) of the Small Business 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 paragraph (2), perform such duties regarding small business programs of the Department of the Army, and shall exercise such powers regarding those programs, as the Secretary of the Army 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.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`3024. Director of Small Business Programs.'.

(d) Department of the Navy-

(1) POSITION AND OFFICE- Chapter 503 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 5028. Director of Small Business Programs

`(a) Director- There is a Director of Small Business Programs in the Department of the Navy. The Director is appointed by the Secretary of the Navy.

`(b) Office of Small Business Programs- The Office of Small Business Programs of the Department of the Navy is the office that is established within the Department of the Navy under section 15(k) of the Small Business 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 paragraph (2), perform such duties regarding small business programs of the Department of the Navy, and shall exercise such powers regarding those programs, as the Secretary of the Navy 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.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`5028. Director of Small Business Programs.'.

(e) Department of the Air Force-

(1) POSITION AND OFFICE- Chapter 803 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 8024. Director of Small Business Programs

`(a) Director- There is a Director of Small Business Programs in the Department of the Air Force. The Director is appointed by the Secretary of the Air Force.

`(b) Office of Small Business Programs- The Office of Small Business Programs of the Department of the Air Force is the office that is established within the Department of the Air Force under section 15(k) of the Small Business 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 paragraph (2), perform such duties regarding small business programs of the Department of the Air Force, and shall exercise such powers regarding those programs, as the Secretary of the Air Force 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.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`8024. Director of Small Business Programs.'.

The Senate amendment contained a provision (sec. 901) that would change the title of the Department of Defense's `Office of Small and Disadvantaged Business Utilization' to the `Office of Small Business Programs' to more clearly represent the office's span of authority.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Senate Report 109-69

The committee recommends a provision that would change the title of the Department of Defense's `Office of Small and Disadvantaged Business Utilization' to the `Office of Small Business Programs' to more clearly represent the office's span of authority. The name would not reflect a change in emphasis or support for disadvantaged businesses, but rather would clarify that the Office of Small Business Programs has the full range of authority over many other small business programs that presently are not reflected in the office's title. The new title would capture the overarching nature of the program, which encompasses the small disadvantaged business, service-disabled veteran-owned small business, qualified historically underutilized business zone small business, women-owned small business, and the very small business programs.