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10 U.S.C. § 4901 — Department of Defense small business strategy

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4901 — Department of Defense small business strategy

**(a) In General.—** The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the requirements of this section. **(b) Unified Management Structure.—** As part of the small business strategy described in subsection (a), the Secretary shall ensure that there is a unified management structure within the Department for the functions of the Department relating to— (1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act); (2) manufacturing and industrial base policy; and (3) any procurement technical assistance program established under chapter 388 of this title. **(c) Purpose of Small Business Programs.—** The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449). **(d) Points of Entry Into Defense Market.—** The Secretary shall ensure— (1) that opportunities for small business concerns to contract with the Department of Defense are identified clearly; and (2) that small business concerns are able to have access to program managers, contracting officers, and other persons using the products or services of such concern to the extent necessary to inform such persons of emerging and existing capabilities of such concerns. **(e) Enhanced Outreach Under Procurement Technical Assistance Program Market.—** The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technic

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Source location: Title 10, Chapter 387, § 4901; chapter-387-small-business-programs.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644/k&num=0&edition=prelim)). 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644/k&num=0&edition=prelim)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4801 — Definitions

In this subpart: (1) The term “national technology and industrial base” means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, the United Kingdom of Great Britain and Northern Ireland, Australia, New Zealand, and Canada. (2) The term “dual-use” with respect to products, services, standards, processes, or acquisition practices, means products, services, standards, processes, or acquisition practices, respectively, that are capable of meeting requirements for military and nonmilitary applications. (3) The term “dual-use critical technology” means a critical technology that has military applications and nonmilitary applications. (4) The term “technology and industrial base sector” means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, production, integration, services, or information technology activities. (5) The terms “Federal laboratory” and “laboratory” have the meaning given the term “laboratory” in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3710a(d)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710a/d/2&num=0&edition=prelim)), except that such terms include a federally funded research and development center sponsored by a Federal agency. (6) The term “critical technology” means a technology that is— (A) a national critical technology; or (B) a defense critical technology. (7) The term “national critical technology” means a technology that appears on the list of national critical technologies contained in the most recent biennial report on national critical technolo

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 138 — Assistant Secretaries of Defense

**(a)** (1) There are 20 Assistant Secretaries of Defense. (2) The Assistant Secretaries of Defense shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. **(b)** (1) The Assistant Secretaries shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. (2) (A) One of the Assistant Secretaries is the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. The principal duty of the Assistant Secretary shall be the overall supervision (including oversight of policy and resources) of special operations activities (as defined in [section 167(k) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section167/k&num=0&edition=prelim)) and low intensity conflict activities of the Department of Defense. The Assistant Secretary is the principal civilian adviser to the Secretary of Defense on special operations and low intensity conflict matters and (after the Secretary and Deputy Secretary) is the principal special operations and low intensity conflict official within the senior management of the Department of Defense. A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. Subject to the authority, direction, and control of the Secretary of Defense, the Assistant Secretary shall do the following: (i) Exercise authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces through the administrative chain of command specified in [section 167(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 632 — Definitions

**(a) Small business concerns** (1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation. (2) **Establishment of size standards** (A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act. (B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors. (C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard— (i) is proposed after an opportunity for public notice and comment; (ii) provides for determining— (I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months; (II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2302 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1806(d), Jan. 1, 2021, 134 Stat. 4155]

### Statutory Notes Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 127; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 85–861, § 1(43A), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 96–513, title V, § 511(74), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–369, div. B, title VII, § 2722(a), July 18, 1984, 98 Stat. 1186; Pub. L. 98–525, title XII, § 1211, Oct. 19, 1984, 98 Stat. 2589; Pub. L. 98–577, title V, § 504(b)(3), Oct. 30, 1984, 98 Stat. 3087; Pub. L. 99–661, div. A, title XIII, § 1343(a)(13), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–189, div. A, title VIII, § 853(b)(1), Nov. 29, 1989, 103 Stat. 1518; Pub. L. 102–25, title VII, § 701(d)(1), Apr. 6, 1991, 105 Stat. 113; Pub. L. 102–190, div. A, title VIII, § 805, Dec. 5, 1991, 105 Stat. 1417; Pub. L. 103–355, title I, § 1502, Oct. 13, 1994, 108 Stat. 3296; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(3), Feb. 10, 1996, 110 Stat. 672; Pub. L. 104–201, div. A, title VIII, §§ 805(a)(1), 807(a), Sept. 23, 1996, 110 Stat. 2605, 2606; Pub. L. 105–85, div. A, title VIII, § 803(b), Nov. 18, 1997, 111 Stat. 1832; Pub. L. 107–217, § 3(b)(2), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–350, § 5(b)(8), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 111–383, div. A, title VIII, § 866(g)(1), Jan. 7, 2011, 124 Stat. 4298; Pub. L. 113–291, div. A, title X, § 1071(a)(2), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), Nov. 25, 2015, 129 Stat. 896; Pub. L. 115–91, div. A, title II, § 221, Dec. 12, 2017, 131 Stat. 1333; Pub. L. 115–232, div. A, title VIII, § 836(c)(1), Aug. 13, 2018, 132 Stat. 1864; Pub. L. 116–283, div. A, title XVIII, § 1806(a)(5), (6), (b)(2)–(6

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4819 — Modernization of acquisition processes to ensure integrity of industrial base

**(a) Digitization and Modernization.—** The Secretary of Defense shall streamline and digitize the Department of Defense approach for identifying and mitigating risks to the defense industrial base. **(b) Objective.—** The objective of subsection (a) shall be to employ digital tools, technologies, and approaches to ensure the accessibility of relevant defense industrial base data to key decision-makers in the Department. **(c) Analytical Framework.—** (1) The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Director of the Defense Counterintelligence and Security Agency and the heads of other elements of the Department of Defense as appropriate, shall develop an analytical framework for risk mitigation across the acquisition process in implementing subsections (a) and (b). (2) The analytical framework required under paragraph (1) shall include the following elements: (A) Characterization and monitoring of supply chain risks, such as those identified through the supply chain risk management process of the Department and by the Federal Acquisition Security Council, and including— (i) material sources and fragility, including the extent to which sources, items, materials, and articles are mined, produced, or manufactured within or outside the United States; (ii) telecommunications services or equipment; (iii) counterfeit parts; (iv) cybersecurity of contractors; (v) video surveillance services or equipment; (vi) vendor vetting in contingency or operational environments; (vii) other electronic or information technology products and services; and (viii) other risk areas as determined appropriate by the Secretary of Defense. (B) Characterization and monitoring of risks posed by contractor b

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2500 — Renumbered § 4801]

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 601 — Definitions

For purposes of this chapter— (1) the term “agency” means an agency as defined in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to [section 553(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances; (3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (4) the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7024 — 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644/k&num=0&edition=prelim)). 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644/k&num=0&edition=prelim)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.

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