Sec. 864. Demonstration of commercial due diligence for small business programs
379 words·~2 min read·
/bill/117/s/4543/rs/section-864·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than December 31, 2027, the Secretary of Defense shall conduct a demonstration of commercial due diligence tools, techniques, and processes in order to support small businesses in identifying attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over technology they are developing on behalf of the Department of Defense. The demonstration required under subsection
(a)shall include the following elements: Identification of an entity to be responsible for the commercial due diligence process, including interfacing with small business and law enforcement community. An assessment of existing commercial due diligence processes conducted by component small business offices. Development of tactics, techniques, and procedures for tools and processes that support commercial due diligence analysis to monitor and assess attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over technologies under development by the small business community, including— providing a feedback loop with small business to provide two-way information sharing; and identifying, assessing, and demonstrating commercially available tools and services. Identification of process improvements or gaps in resources, capabilities, or authorities, as well as other lessons learned. Development of training and awareness material for small businesses that can be shared directly or through the Procurement Technical Assistance Centers. Implementation of metrics or measures of performance that can be tracked to assess the effectiveness of the commercial due diligence demonstration. Not later than April 1, 2023, the Secretary of Defense shall provide to the congressional defense committees an interim briefing on the demonstration required under subsection (a), including— identification of the designated organization for conducting the demonstration; a description of the methodology for executing the demonstration, including any analytical tools or metrics identified to support the process; a description of any identified instances of attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over small business technology, and any preliminary findings. Not later than March 1, 2028, the Secretary shall provide a final assessment report of the demonstration required under subsection (a), including any identified instances of attempts by malicious foreign actors to gain undue access or foreign oversight, control, and influence over small business technology, any general lessons learned, and any recommendations for legislative action that may be required as a result.