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Title 10 — Armed Forces

Part V · Chapter 279 — Contractor Audits and Accounting

§ 3848. Defense audit agencies: Small Business Ombudsmen

Statutory text

(a)

Small Business Ombudsman.—

The Secretary of Defense shall designate within each defense audit agency an official as the Small Business Ombudsman to have the duties described in subsection (b) and such other responsibilities as may be determined by the Secretary.

(b)

Duties.—

The Small Business Ombudsman of a defense audit agency shall—

(1)

advise the Director of the defense audit agency on policy issues related to small business concerns;

(2)

serve as the defense audit agency’s primary point of contact and source of information for small business concerns;

(3)

collect and monitor relevant data regarding the defense audit agency’s conduct of audits of small business concerns, including—

(A)

data regarding the timeliness of audit closeouts for small business concerns; and

(B)

data regarding the responsiveness of the defense audit agency to issues or other matters raised by small business concerns; and

(4)

make recommendations to the Director regarding policies, processes, and procedures related to the timeliness of audits of small business concerns and the responsiveness of the defense audit agency to issues or other matters raised by small business concerns.

(c)

Audit Independence.—

The Small Business Ombudsman of a defense audit agency shall be segregated from ongoing audits in the field and shall not engage in activities with regard to particular audits that could compromise the independence of the defense audit agency or undermine compliance with applicable audit standards.

(d)

Defense Audit Agency Defined.—

In this section, the term “defense audit agency” means the Defense Contract Audit Agency and the Defense Contract Management Agency.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 2013

    Pub. L. 112–239 div. A title XVI § 1612(a) · 126 Stat. 1632

    Enacted · 10 U.S.C. § 3848

    Added Pub. L. 112–239, div. A, title XVI, § 1612(a), Jan. 2, 2013, 126 Stat. 2064, § 204

    Source evidence

    Code source credit
    Added Pub. L. 112–239, div. A, title XVI, § 1612(a), Jan. 2, 2013, 126 Stat. 2064, § 204

    Enacted provision · exact public law section
    (a) Small Business Ombudsman.— Subchapter II of chapter 8 of title 10, United States Code, is amended by adding at the end the following new section: “§ 204. Small Business Ombudsman for defense audit agencies “(a) Small Business Ombudsman.— The Secretary of Defense shall designate within each defense audit agency an official as the Small Business Ombudsman to have the duties described in subsection (b) and such other responsibilities as may be determined by the Secretary. “(b) Duties.— The Small Business Ombudsman of a defense audit agency shall— “(1) advise the Director of the defense audit agency on policy issues related to small business concerns; “(2) serve as the defense audit agency’s primary point of contact and source of information for small business concerns; “(3) collect and monitor relevant data regarding the defense audit agency’s conduct of audits of small business concerns, including— “(A) data regarding the timeliness of audit closeouts for small business concerns; and “(B) data regarding the responsiveness of the defense audit agency to issues or other matters raised by small business concerns; and “(4) make recommendations to the Director regarding policies, processes, and procedures related to the timeliness of audits of small business concerns and the responsiveness of the defense audit agency to issues or other matters raised by small business concerns. “(c) Audit Independence.— The Small Business Ombudsman of a defense audit agency shall be segregated from ongoing audits in the field and shall not engage in activities with regard to particular audits that could compromise the independence of the defense audit agency or undermine compliance with applicable audit standards. “(d) Defense Audit Agency Defined.— In this section, the term ‘defense audit agency’ means the Defense Contract Audit Agency and the Defense Contract Management Agency.” .

  2. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1835(c) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 3848

    Pub. L. 116–283 renumbered section 204 of this title as this section and substituted “Defense audit agencies: Small Business Ombudsmen” for “Small Business Ombudsman for defense audit agencies” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 116–283 renumbered section 204 of this title as this section and substituted “Defense audit agencies: Small Business Ombudsmen” for “Small Business Ombudsman for defense audit agencies” in section catchline.

    Enacted provision · exact public law section
    (c) Transfer of Title 10 Sections.— Sections 2313b, 2410b, 2313a, and 204 of title 10, United States Code, are transferred to chapter 279 of such title, as added by subsection (a), inserted (in that order) after section 3841, as amended by subsection (b), and redesignated as sections 3842, 3845, 3847, and 3848, respectively.

    Effective date note
    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.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Prior Provisions

A prior section 3848, added Pub. L. 85–861, § 1(94), , 72 Stat. 1485; amended Pub. L. 86–559, § 1(26), , 74 Stat. 272; Pub. L. 90–130, § 1(12)(B), , 81 Stat. 376; Pub. L. 90–486, § 9(1), , 82 Stat. 760; Pub. L. 95–485, title VIII, § 820(h), , 92 Stat. 1627; Pub. L. 96–513, title V, § 512(8), , 94 Stat. 2929; Pub. L. 99–145, title V, § 522(a)(1), title XIII, § 1303(a)(20)(B), , 99 Stat. 631, 739; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), , 102 Stat. 2059, related to transfer or discharge of reserve first lieutenants, captains, majors, and lieutenant colonels with 28 years of service, prior to repeal by Pub. L. 103–337, div. A, title XVI, §§ 1629(a)(3), 1691(b)(1), , 108 Stat. 2963, 3026, effective . See section 14501 et seq. of this title.

A prior section 3849, added Pub. L. 85–861, § 1(94), , 72 Stat. 1485, related to separation or transfer to retired reserve of officers in the reserve grade of lieutenant colonel assigned to the Women’s Army Corps upon completion of 28 years of service, prior to repeal by Pub. L. 86–559, § 1(27), , 74 Stat. 272.

Prior sections 3850 to 3855 were repealed by Pub. L. 103–337, div. A, title XVI, §§ 1629(a)(3), 1691(b)(1), , 108 Stat. 2963, 3026, effective .

Section 3850, added Pub. L. 85–861, § 1(94), , 72 Stat. 1485; amended Pub. L. 104–106, div. A, title XV, § 1501(c)(25), , 110 Stat. 499, related to transfer or discharge of excessive reserve commissioned officers in active status with thirty or more years of service. See sections 14514 and 14704 of this title.

Section 3851, added Pub. L. 85–861, § 1(94), , 72 Stat. 1486; amended Pub. L. 86–559, § 1(28), , 74 Stat. 272; Pub. L. 90–486, § 9(1), , 82 Stat. 760; Pub. L. 96–513, title V, § 512(8), , 94 Stat. 2929; Pub. L. 98–525, title V, § 513, , 98 Stat. 2522; Pub. L. 99–145, title V, § 522(a)(2), title XIII, § 1303(a)(20)(B), , 99 Stat. 631, 739; Pub. L. 99–661, div. A, title XIII, § 1342(g), , 100 Stat. 3992; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), , 102 Stat. 2059, related to transfer or discharge of reserve colonels and brigadier generals with 30 years of service or five years in grade. See section 14508(a), (e) of this title.

Section 3852, added Pub. L. 85–861, § 1(94), , 72 Stat. 1486; amended Pub. L. 86–559, § 1(29), , 74 Stat. 272; Pub. L. 99–145, title V, § 523, title XIII, § 1303(a)(20)(B), , 99 Stat. 632, 739; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), , 102 Stat. 2059, related to transfer or discharge of reserve major generals with 35 years of service or five years in grade. See section 14508(b), (f) of this title.

Section 3853, added Pub. L. 85–861, § 1(94), , 72 Stat. 1486; amended Pub. L. 86–559, § 1(30), , 74 Stat. 273; Pub. L. 86–651, title I, § 115, , 76 Stat. 513; Pub. L. 96–513, title V, § 512(9), , 94 Stat. 2929; Pub. L. 98–94, title X, § 1016(a), , 97 Stat. 668; Pub. L. 103–337, div. A, title XVI, § 1635(a), , 108 Stat. 2968, related to computation of years of service. See section 14706 of this title.

Section 3854, added Pub. L. 85–861, § 1(94), , 72 Stat. 1486, authorized Secretary of the Army to prescribe regulations to carry out this chapter.

Section 3855, added Pub. L. 86–559, § 1(31), , 74 Stat. 273; amended Pub. L. 96–107, title IV, § 403(a), , 93 Stat. 808; Pub. L. 96–513, title II, § 215(a), , 94 Stat. 2885; Pub. L. 100–180, div. A, title VII, § 717(a), (d)(1)(A), , 101 Stat. 1113, 1114; Pub. L. 101–189, div. A, title VII, §§ 710(a), 711(a), , 103 Stat. 1476, 1477, related to retention in active status of certain reserve officers. See section 14703(a)(1), (b) of this title.

Amendments

2021—Pub. L. 116–283 renumbered section 204 of this title as this section and substituted “Defense audit agencies: Small Business Ombudsmen” for “Small Business Ombudsman for defense audit agencies” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective , 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.

Credits

2013–2021 · 2 acts
  1. 2013Added Pub. L. 112–239, div. A, title XVI, § 1612(a), , 126 Stat. 2064, § 204
  2. 2021renumbered § 3848 and amended Pub. L. 116–283, div. A, title XVIII, § 1835(c), (d)(4), , 134 Stat. 4240.
Show as published

(Added Pub. L. 112–239, div. A, title XVI, § 1612(a), , 126 Stat. 2064, § 204; renumbered § 3848 and amended Pub. L. 116–283, div. A, title XVIII, § 1835(c), (d)(4), , 134 Stat. 4240.)

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