10 U.S.C. § 4901 (ARMED FORCES)
§ 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 technical assistance program established under chapter 388 of this title to facilitate small business contracting with the Department of Defense.
(Added Pub. L. 115–232, div. A, title VIII, § 851(a), Aug. 13, 2018, 132 Stat. 1883, § 2283; renumbered § 4901 and amended Pub. L. 116–283, div. A, title XVIII, § 1871(b), Jan. 1, 2021, 134 Stat. 4287.)
heading: Editorial Notes
heading: References in Text
text: Section 3 of the Small Business Act, referred to in subsec. (b)(1), is classified to section 632 of Title 15, Commerce and Trade.
Section 801 of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (c), is section 801 of Pub. L. 115–91, which is set out as a note under section 2302 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283 renumbered section 2283 of this title as this section and substituted “chapter 388” for “chapter 142” in subsecs. (b)(3) and (e).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
heading: Report on Unfunded Priorities of the Small Business Innovation Research and Small Business Technology Transfer Program
text: Pub. L. 117–81, div. A, title VIII, § 865, Dec. 27, 2021, 135 Stat. 1853, provided that:
“(a) In General.—
Not later than 10 days after the date on which the budget of the President for fiscal years 2022 through 2032 is submitted to Congress pursuant to section 1105 of title 31, United States Code, each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on unfunded priorities of the Department of Defense related to high-priority Small Business Innovation Research and Small Business Technology Transfer projects.
“(b) Elements.—
“(1) In general.—
Each report under subsection (a) shall include identification of not more than five unfunded priority projects and the following information for each such unfunded priority project:
“(A) A summary description of the unfunded priority project, including the objectives to be achieved if such project were to be funded (either in whole or in part).
“(B) The additional amount of funds recommended to achieve the objectives identified under subparagraph (A).
“(C) Account information with respect to such unfunded priority project, including, as applicable, the following:
“(i) Line item number, in the case of applicable procurement accounts.
“(ii) Program element number, in the case of applicable research, development, test, and evaluation accounts.
“(iii) Subactivity group, in the case of applicable operation and maintenance accounts.
“(2) Priority.—
Each Secretary of a military department and the Under Secretary of Defense for Research and Engineering shall ensure that the unfunded priorities covered by a report submitted under subsection (a) are listed in the order of urgency of priority.
“(c) Definitions.—
In this section:
“(1) Unfunded priority.—
The term ‘unfunded priority’, with respect to a fiscal year, means a specific project related to a project successfully funded under Phase II of the Small Business Innovation Research or Small Business Technology Transfer program that—
“(A) is not funded in the budget of the President for that fiscal year, as submitted to Congress pursuant to section 1105 of title 31, United States Code;
“(B) has the potential to—
“(i) advance the national security capabilities of the United States;
“(ii) provide new technologies or processes, or new applications of existing technologies or processes, that will enable new alternatives to existing programs; and
“(iii) provide future cost savings; and
“(C) would have been recommended for funding through the budget referred to in subparagraph (A) if—
“(i) additional resources had been available to fund the program, activity, or mission requirement to which the specific project relates; or
“(ii) the program, activity, or mission requirement for such specific project had emerged before the budget was formulated.
“(2) Phase ii; small business innovation research; small business technology transfer.—
The terms ‘Phase II’, ‘Small Business Innovation Research’, and ‘Small Business Technology Transfer’ have the meanings given such terms, respectively, in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).”
heading: Initiatives To Support Small Businesses in the National Technology and Industrial Base
text: Pub. L. 116–283, div. A, title VIII, § 861, Jan. 1, 2021, 134 Stat. 3775, provided that:
“(a) In General.—
The Secretary of Defense, acting through the Assistant Secretary of Defense for Industrial Base Policy (established under section 903 of this Act [amending section 138 of this title]) and other appropriate officials, in carrying out the activities described under [former] subchapter II of chapter 148 of title 10, United States Code [see chapter 382 of this title], shall establish initiatives to increase the effectiveness of the Department of Defense in specifically leveraging small businesses to eliminate gaps and vulnerabilities in the national technology and industrial base (as defined in section 2500 of title 10, United States Code [now 10 U.S.C. 4801]) and expand the number of small businesses in the national technology and industrial base.
“(b) Initiatives.—
“(1) Updates for small business strategy.—
Not later than October 1, 2022, and biennially thereafter, [sic] shall update the small business strategy required under section 2283 of title 10, United States Code [now 10 U.S.C. 4901], and provide such updated strategy to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
“(2) Implementation plan.—
“(A) In general.—
Not later than March 1, 2023, and biennially thereafter, the Secretary of Defense shall develop an implementation plan consistent with the most recent small business strategy developed under such section 2283 [now 4901], and provide such plan to the congressional defense committees.
“(B) Elements.—
The implementation plan described in subparagraph (A) shall include an identification of the following:
“(i) Organizations responsible for implementation activities.
“(ii) Metrics to evaluate progress of implementation activities.
“(iii) Resources to support implementation activities.
“(iv) Outcomes achieved as a result of executing the previous small business strategy developed under such section 2283 [now 4901].
“(3) Mechanisms to assess and support small businesses in national technology and industrial base.—
The Secretary of Defense shall—
“(A) establish policies, procedures, and information repositories to identify small businesses in the defense supply chain, including—
“(i) small businesses participating in an acquisition program of a military department or Defense Agency (as defined in section 101(11) of title 10, United States Code);
“(ii) small businesses contracting with the Defense Logistics Agency; and
“(iii) other small businesses in the national technology and industrial base;
“(B) establish policies and procedures to assess the financial status of critical small businesses; and
“(C) enter into an agreement with the acquisition research organization within a civilian college or university that is described under section 2361a(a) of title 10, United States Code [now 10 U.S.C. 4142(a)] (commonly referred to as the ‘Acquisition Innovation Research Center’), to analyze mechanisms that could be established to allow the Secretary of Defense to provide direct financial support to critical small businesses that require additional financial assistance, including critical small businesses that are—
“(i) contracting with the Defense Logistics Agency;
“(ii) subcontractors (at any tier); or
“(iii) in critical technology sectors.
“(c) Reports.—
“(1) Report on activities.—
Not later than October 1, 2021, the Assistant Secretary of Defense for Industrial Base Policy shall submit to the appropriate committees a report on activities undertaken pursuant to this section.
“(2) Implementation plan for 2019 small business strategy.—
Not later than June 1, 2021, the Secretary of Defense shall submit an implementation plan for the small business strategy required under section 2283 of title 10, United States Code [now 10 U.S.C. 4901], and dated October 1, 2019, including an identification of specific responsible individuals and organizations, milestones and metrics, and resources to support activities identified in the implementation plan.
“(d) Small Business Defined.—
In this section, the term ‘small business’ has the meaning given by the Secretary of Defense, except that such term shall include prime contractors and subcontractors (at any tier).”