Sec. 844. Small Business Industrial Base Resiliency Program
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The Assistant Secretary of Defense for Industrial Base Policy (established under section 902 of this Act) shall establish a program to be known as the Small Business Industrial Base Resiliency Program under which the Assistant Secretary shall enter into transactions to purchase or to make a commitment to purchase goods or services from small business concerns as described in subsection
(b)to respond to the COVID–19 pandemic. A transaction entered into pursuant to the authority under this section shall— support the monitoring and assessment of small business concerns that enter into such a transaction; address critical issues in the industrial base relating to urgent operational needs in response to the COVID–19 pandemic; support efforts to create, maintain, protect, expand, or restore the industrial base in response to the COVID–19 pandemic; and as applicable, address supply chain vulnerabilities related to the COVID–19 pandemic for small business concerns that enter into such a transaction. The term of a transaction entered into pursuant to the authority under this section shall be 2 years. With respect to any transaction entered into pursuant to the authority under this section on or after the date of enactment of this Act, if such transaction imposes any contingent liability upon the United States, such liability shall be recorded as an obligation against amounts made available from the Research and Development, Defense-Wide, Pandemic Preparedness and Resilience National Security Fund under section 1003 in an amount equal to the maximum amount of the contingency at the time such transaction is entered into. Not later than March 1, 2021, the Assistant Secretary of Defense for Industrial Base Policy shall submit to the appropriate committees a report that includes the following: A description of any guidance or policy issued to carry out this section. A description of any relevant assessments prepared to address critical issues in the industrial base relating to urgent operational needs related to the COVID–19 pandemic. A description of any transaction entered into pursuant to the authority under this section, and the impact such transaction has had on the response of the Department of Defense to the COVID–19 pandemic. A prioritized list of gaps or vulnerabilities in the transactions of the industrial base in which small business concerns participate that are related the COVID–19 pandemic, including— a description of mitigation strategies necessary to address such gaps or vulnerabilities; the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and a proposed timeline for action to address such gaps or vulnerabilities. Identification of each transaction designed to sustain specific essential technological and industrial capabilities and processes of the industrial base in which small business concerns participate that are related to the COVID–19 pandemic. Any other steps necessary to foster and safeguard the industrial base in which small business concerns participate due to the impact of the COVID–19 pandemic. The Assistant Secretary of Defense for Industrial Base Policy shall use amounts authorized to be appropriated for Research and Development, Defense-Wide, Pandemic Preparedness and Resilience National Security Fund under section 1003 to carry out the requirements of this section. In this Act: The term covered committees means— the Committees on Armed Services of the Senate and the House of Representatives; and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives. The term COVID–19 pandemic means the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.). The term Defense Agency has the meaning given in section 101 of title 10, United States Code. The term Secretary concerned has the meaning given in section 101 of title 10, United States Code. The term small business concern has the meaning given under section 3 of the Small Business Act ( 15 U.S.C. 632 )).
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