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10 U.S.C. § 8028 — Director of Small Business Programs

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

10 U.S.C. § 8028 — Director of Small Business Programs

Page 3152 TITLE 10—ARMED FORCES § 8026 (D) the systematic measurement of perform- ance. (c) The Assistant Secretary shall maintain a five-year plan describing the activities the De- partment of the Navy proposes to conduct over the next five fiscal years to improve financial management. Such plan shall be revised annu- ally. (d) The Assistant Secretary of the Navy for Fi- nancial Management shall transmit to the Sec- retary of the Navy a report each year on the ac- tivities of the Assistant Secretary during the preceding year. Each such report shall include a description and analysis of the status of Depart- ment of the Navy financial management. (Added Pub. L. 100–456, div. A, title VII, § 702(b)(2), Sept. 29, 1988, 102 Stat. 1994, § 5025; amended Pub. L. 103–337, div. A, title X, § 1070(a)(15), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title XV, § 1503(b)(1), Feb. 10, 1996, 110 Stat. 512; renumbered § 8025, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5025 of this title as this section. 1996—Subsec. (a)(1). Pub. L. 104–106 substituted ‘‘Under Secretary of Defense (Comptroller)’’ for ‘‘Comp- troller of the Department of Defense’’. 1994—Subsec. (a)(1). Pub. L. 103–337 substituted ‘‘135(c)’’ for ‘‘137(c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Section effective Jan. 20, 1989, see section 702(e)(1) of Pub. L. 100–456, set out as an Effective

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Stable record: federal_law:legal_authorities:usc2024-867fc650216e527b4265dec1
Source file: Laws/federal/codes/united-states-code-2024/title-10/section-8028-director-of-small-business-programs--139efea1b6.md
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Source location: USCODE-2024-title10-subtitleC-partI-chap803-sec8028.pdf

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Page 3152 TITLE 10—ARMED FORCES § 8026 (D) the systematic measurement of perform- ance. (c) The Assistant Secretary shall maintain a five-year plan describing the activities the De- partment of the Navy proposes to conduct over the next five fiscal years to improve financial management. Such plan shall be revised annu- ally. (d) The Assistant Secretary of the Navy for Fi- nancial Management shall transmit to the Sec- retary of the Navy a report each year on the ac- tivities of the Assistant Secretary during the preceding year. Each such report shall include a description and analysis of the status of Depart- ment of the Navy financial management. (Added Pub. L. 100–456, div. A, title VII, § 702(b)(2), Sept. 29, 1988, 102 Stat. 1994, § 5025; amended Pub. L. 103–337, div. A, title X, § 1070(a)(15), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title XV, § 1503(b)(1), Feb. 10, 1996, 110 Stat. 512; renumbered § 8025, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5025 of this title as this section. 1996—Subsec. (a)(1). Pub. L. 104–106 substituted ‘‘Under Secretary of Defense (Comptroller)’’ for ‘‘Comp- troller of the Department of Defense’’. 1994—Subsec. (a)(1). Pub. L. 103–337 substituted ‘‘135(c)’’ for ‘‘137(c)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Section effective Jan. 20, 1989, see section 702(e)(1) of Pub. L. 100–456, set out as an Effective Date of 1988 Amendment note under section 7016 of this title. § 8026. Consultation with Commandant of the Marine Corps on major decisions directly concerning Marine Corps aviation or am- phibious force structure and capability The Secretary of the Navy shall ensure that the views of the Commandant of the Marine Corps are given appropriate consideration before a major decision is made by an element of the Department of the Navy outside the Marine Corps on a matter that directly concerns Marine Corps aviation or amphibious force structure and capability. (Added Pub. L. 105–261, div. A, title IX, § 935(a), Oct. 17, 1998, 112 Stat. 2109, § 5026; renumbered § 8026, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834; amended Pub. L. 117–263, div. A, title X, § 1022(a), (b)(1), Dec. 23, 2022, 136 Stat. 2763.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 inserted ‘‘or amphibious force structure and capability’’ after ‘‘aviation’’ in heading and text. 2018—Pub. L. 115–232 renumbered section 5026 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8027. Chief of Legislative Affairs (a) There is a Chief of Legislative Affairs in the Department of the Navy. (b) The Chief of Legislative Affairs shall per- form legislative affairs functions as specified for the Office of the Secretary of the Navy by sec- tion 8014(c)(1)(F) of this title. (Added Pub. L. 107–314, div. A, title V, § 504(d)(1)(A), Dec. 2, 2002, 116 Stat. 2532, § 5027; amended Pub. L. 114–328, div. A, title V, § 502(v), Dec. 23, 2016, 130 Stat. 2104; renumbered § 8027 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(a)(1), 809(a), Aug. 13, 2018, 132 Stat. 1834, 1840.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(a)(1), renumbered section 5027 of this title as this section. Subsec. (b). Pub. L. 115–232, § 809(a), substituted ‘‘sec- tion 8014(c)(1)(F)’’ for ‘‘section 5014(c)(1)(F)’’. 2016—Subsec. (a). Pub. L. 114–328 struck out second sentence which read as follows: ‘‘An officer assigned to that position shall be an officer in the grade of rear ad- miral.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8028. 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 Sec- retary 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 es- tablished 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 para- graph (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. (Added Pub. L. 109–163, div. A, title IX, § 904(d)(1), Jan. 6, 2006, 119 Stat. 3401, § 5028; renumbered Page 3153 TITLE 10—ARMED FORCES § 8029 § 8028, Pub. L. 115–232, div. A, title VIII, § 807(a)(1), Aug. 13, 2018, 132 Stat. 1834.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 5028 of this title as this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME The Director of Small and Disadvantaged Business Utilization of the Department of the Navy and the Of- fice of Small and Disadvantaged Business Utilization of the Department of the Navy were redesignated the Di- rector of Small Business Programs of the Department of the Navy and the Office of Small Business Programs of the Department of the Navy, respectively, by Pub. L. 109–163 which also provided that references to the former were deemed to refer to the latter. See section 904(a) of Pub. L. 109–163, set out as a note under section 144 of this title. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 8029. Naval Air Warfare Rapid Capabilities Of- fice (a) ESTABLISHMENT.—There is established within the Department of the Navy an office to be known as the Naval Air Warfare Rapid Capa- bilities Office (in this section referred to as the ‘‘Office’’). (b) HEAD OF OFFICE.—The head of the Office shall be the designee of the Commander of the Naval Air Systems Command. (c) MISSION.—The mission of the Office shall be— (1) to fulfill naval and joint military oper- ational requirements by supporting the identi- fication and rapid development of— (A) new naval aviation weapons and air- borne electronic warfare capabilities; (B) innovative applications for existing naval aviation weapons and airborne elec- tronic warfare capabilities; and (C) other innovative solutions to enhance the effectiveness of naval aviation weapons and airborne electronic warfare capabilities; and (2) to contribute to the rapid experimen- tation, development, testing, and fielding of unclassified and classified naval aviation weapons and airborne electronic warfare capa- bilities. (d) ACQUISITION AUTHORITIES.— (1) IN GENERAL.—To procure goods or serv- ices for the Office, the senior contracting offi- cial (as defined in section 1737 of this title) and any members of the acquisition workforce for the Department of the Navy may use— (A) any applicable pathway of the adaptive acquisition framework (as described in De- partment of Defense Instruction 5000.02, ‘‘Op- eration of the Adaptive Acquisition Frame- work’’); and (B) any other alternative acquisition path- way that allows for accelerated or flexible methods of contracting. (2) INAPPLICABILITY OF JCIDS.—The Joint Ca- pabilities Integration and Development Sys- tem process shall not apply to procurements described in paragraph (1). (e) REQUIRED PROGRAM ELEMENTS.—The Sec- retary of the Navy shall ensure, within budget program elements for naval air warfare pro- grams, that— (1) there are separate, dedicated program elements for naval air warfare rapid capabili- ties; and (2) the Office executes the responsibilities of the Office using such program elements. (f) EXECUTIVE OVERSIGHT BOARD.— (1) IN GENERAL.—There is an executive over- sight board for the Office which shall consist of the officials specified in paragraph (2). The executive oversight board shall provide prioritization, oversight, and approval of projects of the Office. (2) OFFICIALS SPECIFIED.—The officials speci- fied in this paragraph are the following: (A) The Vice Chief of Naval Operations. (B) The Assistant Commandant of the Ma- rine Corps. (C) The Assistant Secretary of the Navy for Research, Development and Acquisition. (D) The Commander of the Naval Air Sys- tems Command. (g) ANNUAL REPORTS AND BRIEFINGS.— (1) REPORT.—On an annual basis, the head of the Office shall submit to the executive over- sight board described in subsection (f) a report on the activities of the Office. (2) BRIEFING.—On an annual basis following the submittal of the report under paragraph (1), the Assistant Secretary of the Navy for Research, Development and Acquisition shall provide to the Committees on Armed Services of the Senate and the House of Representa- tives a briefing on the activities of the Office. (3) ELEMENTS.—Each report under paragraph (1) and briefing under paragraph (2) shall in- clude, with respect to the year preceding the date of the report or briefing (as applicable), a description of— (A) funding allocations for the projects of the Office; (B) capability gaps addressed by the Office; (C) the progress of the Office in experi- menting, developing, testing, and fielding capabilities described in subsection (c); and (D) any barriers to the ability of the Office to carry out its mission, including any legis- lative or regulatory barriers. (Added Pub. L. 118–31, div. A, title II, § 215, Dec. 22, 2023, 137 Stat. 184.) CHAPTER 805—OFFICE OF THE CHIEF OF NAVAL OPERATIONS Sec. 8031. Office of the Chief of Naval Operations: func- tion; composition. 8032. Office of the Chief of Naval Operations: gen- eral duties. 8033. Chief of Naval Operations. 8035. Vice Chief of Naval Operations. 8036. Deputy Chiefs of Naval Operations. 8037. Assistant Chiefs of Naval Operations. 8038. Director for Expeditionary Warfare.

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

10 U.S.C. § 8028 — 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)](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 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)](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

15 U.S.C. § 644 — Awards or contracts

**(a) Small business procurements** (1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full productive capacity of the United States; (B) war or national defense programs; or (C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns. (2) **Industry category defined** (A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted— (i) due to special capital equipment needs; (ii) due to special labor requirements; (iii) due to special geographic requirements, except as provided in subparagraph (B); (iv) due to unique Federal buying patterns or requirements; or (v) to recognize a new industry. (B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless— (i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed; (ii) Governmen

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644

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

15 U.S.C. § 644 — Awards or contracts

Page 973 TITLE 15—COMMERCE AND TRADE § 644 Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 219 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 648 of this title. The provisions of section 213 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to section 637(b)(6), (7) of this title. See Codification note set out under section 631 of this title. § 643. Fair charge for use of Government-owned property To the fullest extent the Administration deems practicable, it shall make a fair charge for the use of Government-owned property and make and let contracts on a basis that will re- sult in a recovery of the direct costs incurred by the Administration. (Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.) Editorial Notes PRIOR PROVISIONS Prior similar provisions were contained in section 220 of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which was previously classified to section 649 of this title. The provisions of section 214 of act July 30, 1953, formerly classified to this section, were transferred to section 2[15] of Pub. L. 85–536, and are classified to section 644 of this title. See Codification note set out under section 631 of this title. § 644. Awards or contracts (a) Small business procurements (1) In general For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determina- tion of the Administrator and the contracting agency, in the interest of— (A) maintaining or mobilizing the full pro- ductive capacity of the United States; (B) war or national defense programs; or (C) assuring that a

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 644

Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 644. This identifies an authority to review, not proof of applicability.