I
118THCONGRESS
1
STSESSION H. R. 273
To amend chapter 303 of title 10, United States Code, to require the Sec-
retary of each military department to identify promising research pro-
grams of the Small Business Innovation Research Program or Small
Business Technology Transfer Program for inclusion in the future budg-
ets and plans of the Department of Defense, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY11, 2023
Mr. C
ALVERTintroduced the following bill; which was referred to the
Committee on Armed Services
A BILL
To amend chapter 303 of title 10, United States Code,
to require the Secretary of each military department
to identify promising research programs of the Small
Business Innovation Research Program or Small Busi-
ness Technology Transfer Program for inclusion in the
future budgets and plans of the Department of Defense,
and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘DOD Entrepreneurial 4
Innovation Act’’. 5
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SEC. 2. ENTREPRENEURIAL INNOVATION PROJECT DES-1
IGNATIONS. 2
(a) I
NGENERAL.— 3
(1) D
ESIGNATING CERTAIN SBIR AND STTR 4
PROGRAMS AS ENTREPRENEURIAL INNOVATION 5
PROJECTS.—Chapter 303 of title 10, United States 6
Code, is amended by inserting after section 4062 the 7
following new section: 8
‘‘§ 4063. Entrepreneurial Innovation Project designa-9
tions 10
‘‘(a) I
NGENERAL.—During the first fiscal year be-11
ginning after the date of the enactment of this section, 12
and during each subsequent fiscal year, each Secretary 13
concerned, in consultation with the each chief of an armed 14
force under the jurisdiction of the Secretary concerned, 15
shall designate not less than five eligible programs as En-16
trepreneurial Innovation Projects. 17
‘‘(b) A
PPLICATION.—An eligible program seeking 18
designation as an Entrepreneurial Innovation Project 19
under this section shall submit to the Secretary concerned 20
an application at such time, in such manner, and con-21
taining such information as the Secretary concerned deter-22
mines appropriate. 23
‘‘(c) D
ESIGNATIONCRITERIA.—In making designa-24
tions under subsection (a), the Secretary concerned shall 25
consider— 26
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‘‘(1) the potential of the eligible program to— 1
‘‘(A) advance the national security capa-2
bilities of the United States; 3
‘‘(B) provide new technologies or proc-4
esses, or new applications of existing tech-5
nologies, that will enable new alternatives to ex-6
isting programs; and 7
‘‘(C) provide future cost savings; 8
‘‘(2) whether an advisory panel has rec-9
ommended the eligible program for designation; and 10
‘‘(3) such other criteria that the Secretary con-11
cerned determines to be appropriate. 12
‘‘(d) D
ESIGNATIONBENEFITS.— 13
‘‘(1) F
UTURE YEARS DEFENSE PROGRAM IN -14
CLUSION.—With respect to each designated pro-15
gram, the Secretary of Defense shall include in the 16
next future-years defense program the estimated ex-17
penditures of such designated program. In the pre-18
ceding sentence, the term ‘next future-years defense 19
program’ means the future-years defense program 20
submitted to Congress under section 221 of this title 21
after the date on which such designated program is 22
designated under subsection (a). 23
‘‘(2) P
ROGRAMMING PROPOSAL .—Each des-24
ignated program shall be included by the Secretary 25
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concerned under a separate heading in any program-1
ming proposals submitted to the Secretary of De-2
fense. 3
‘‘(3) PPBE
COMPONENT.—Each designated 4
program shall be considered by the Secretary con-5
cerned as an integral part of the planning, program-6
ming, budgeting, and execution process of the De-7
partment of Defense. 8
‘‘(e) E
NTREPRENEURIAL INNOVATION ADVISORY 9
P
ANELS.— 10
‘‘(1) E
STABLISHMENT.—For each military de-11
partment, the Secretary concerned shall establish an 12
advisory panel that, starting in the first fiscal year 13
beginning after the date of the enactment of this 14
section, and in each subsequent fiscal year, shall 15
identify and recommend to the Secretary concerned 16
for designation under subsection (a) eligible pro-17
grams based on the criteria described in subsection 18
(c)(1). 19
‘‘(2) M
EMBERSHIP.— 20
‘‘(A) C
OMPOSITION.— 21
‘‘(i) I
N GENERAL.—Each advisory 22
panel shall be composed of four members 23
appointed by the Secretary concerned and 24
one member appointed by the chief of the 25
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relevant armed force under the jurisdiction 1
of the Secretary concerned. 2
‘‘(ii) S
ECRETARY CONCERNED AP -3
POINTMENTS.—The Secretary concerned 4
shall appoint members to the advisory 5
panel as follows: 6
‘‘(I) Three members who— 7
‘‘(aa) have experience with 8
private sector entrepreneurial in-9
novation, including development 10
and implementation of such inno-11
vations into well established mar-12
kets; and 13
‘‘(bb) are not employed by 14
the Federal Government. 15
‘‘(II) One member who is in the 16
Senior Executive Service in the acqui-17
sition workforce (as defined in section 18
1705 of this title) of the relevant mili-19
tary department. 20
‘‘(iii) S
ERVICE CHIEF APPOINT -21
MENT.—The chief of an armed force under 22
the jurisdiction of the Secretary concerned 23
shall appoint to the advisory panel one 24
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member who is a member of such armed 1
forces. 2
‘‘(B) T
ERMS.— 3
‘‘(i) P
RIVATE SECTOR MEMBERS .— 4
Members described in subparagraph 5
(A)(ii)(I) shall serve for a term of three 6
years, except that of the members first ap-7
pointed— 8
‘‘(I) one shall serve a term of one 9
year; 10
‘‘(II) one shall serve a term of 11
two years; and 12
‘‘(III) one shall serve a term of 13
three years. 14
‘‘(ii) F
EDERAL GOVERNMENT EM -15
PLOYEES.—Members described in clause 16
(ii)(II) or (iii) of subparagraph (A) shall 17
serve for a term of two years, except that 18
the first member appointed under subpara-19
graph (A)(iii) shall serve for a term of one 20
year. 21
‘‘(C) C
HAIR.—The chair for each advisory 22
panel shall be as follows: 23
‘‘(i) For the first year of operation of 24
each such advisory panel, and every other 25
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year thereafter, the member appointed 1
under subparagraph (A)(iii). 2
‘‘(ii) For the second year of operation 3
of each such advisory panel, and every 4
other year thereafter, the member ap-5
pointed under subparagraph (A)(ii)(II). 6
‘‘(D) V
ACANCIES.—A vacancy in an advi-7
sory panel shall be filled in the same manner as 8
the original appointment. 9
‘‘(E) C
ONFLICT OF INTEREST .—Members 10
and staff of each advisory panel shall disclose 11
to the relevant Secretary concerned, and such 12
Secretary concerned shall mitigate to the extent 13
practicable, any professional or organizational 14
conflict of interest of such members or staff 15
arising from service on the advisory panel. 16
‘‘(F) C
OMPENSATION.— 17
‘‘(i) P
RIVATE SECTOR MEMBER COM -18
PENSATION.—Except as provided in clause 19
(ii), members of an advisory panel, and the 20
support staff of such members, shall be 21
compensated at a rate determined reason-22
able by the Secretary concerned and shall 23
be reimbursed in accordance with section 24
5703 of title 5 for reasonable travel costs 25
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and expenses incurred in performing duties 1
as members of an advisory panel. 2
‘‘(ii) P
ROHIBITION ON COMPENSATION 3
OF FEDERAL EMPLOYEES .—Members of an 4
advisory panel who are full-time officers or 5
employees of the United States or Mem-6
bers of Congress may not receive addi-7
tional pay, allowances, or benefits by rea-8
son of their service on an advisory panel. 9
‘‘(3) S
ELECTION PROCESS.— 10
‘‘(A) I
NITIAL SELECTION.—Each advisory 11
panel shall select not less than ten eligible pro-12
grams that have submitted an application under 13
subsection (b). 14
‘‘(B) P
ROGRAM PLANS.— 15
‘‘(i) I
N GENERAL.—Each eligible pro-16
gram selected under subparagraph (A) 17
may submit to the advisory panel that se-18
lected such eligible program a program 19
plan containing the five-year goals, execu-20
tion plans, schedules, and funding needs of 21
such eligible program. 22
‘‘(ii) S
UPPORT.—Each Secretary con-23
cerned shall, to the greatest extent prac-24
ticable, provide eligible programs selected 25
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under subparagraph (A) with access to in-1
formation to support the development of 2
the program plans described in clause (i). 3
‘‘(C) F
INAL SELECTION.—Each advisory 4
panel shall recommend to the Secretary con-5
cerned for designation under subsection (a) not 6
less than five eligible programs that submitted 7
a program plan under subparagraph (B) to 8
such advisory panel. If there are less than five 9
such eligible programs, such advisory panel may 10
recommend to the Secretary concerned for des-11
ignation under subsection (a) less than five 12
such eligible programs. 13
‘‘(4) A
DMINISTRATIVE AND TECHNICAL SUP -14
PORT.—The Secretary concerned shall provide the 15
relevant advisory panel with such administrative 16
support, staff, and technical assistance as the Sec-17
retary concerned determines necessary for such advi-18
sory panel to carry out it duties. 19
‘‘(5) F
UNDING.—The Secretary of Defense may 20
use amounts available from the Department of De-21
fense Acquisition Workforce Development Account 22
established under section 1705 of this title to sup-23
port the activities of advisory panels. 24
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‘‘(6) INAPPLICABILITY OF FACA .—Chapter 10 1
of title 5 shall not apply to the advisory panels es-2
tablished under this subsection. 3
‘‘(f) R
EVOCATION OF DESIGNATION.—If the Sec-4
retary concerned determines that a designated program 5
cannot reasonably meet the objectives of such designated 6
program in the relevant programming proposal referred 7
to in subsection (d)(2) or such objectives are irrelevant, 8
such Secretary concerned may revoke the designation. 9
‘‘(g) R
EPORT TOCONGRESS.—The Secretary of De-10
fense shall submit to Congress an annual report describing 11
each designated program and the progress each designated 12
program has made toward achieving the objectives of the 13
designated program. 14
‘‘(h) D
EFINITIONS.—In this section: 15
‘‘(1) A
DVISORY PANEL.—The term ‘advisory 16
panel’ means an advisory panel established under 17
subsection (e)(1). 18
‘‘(2) D
ESIGNATED PROGRAM .—The term ‘des-19
ignated program’ means an eligible program that 20
has been designated as an Entrepreneurial Innova-21
tion Project under this section. 22
‘‘(3) E
LIGIBLE PROGRAM.—The term ‘eligible 23
program’ means work performed pursuant to a 24
Phase III agreement (as such term is defined in sec-25
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tion 9(r)(2) of the Small Business Act (15 U.S.C. 1
638(r)(2))).’’. 2
(2) C
LERICAL AMENDMENT .—The table of sec-3
tions at the beginning of chapter 303 of title 10, 4
United States Code, is amended by striking the item 5
relating to section 4063 and inserting after the item 6
relating to section 4062 the following new item: 7
‘‘4063. Entrepreneurial Innovation Project designations.’’.
(b) ESTABLISHMENT DEADLINE.—Not later than 8
120 days after the date of the enactment of this Act, the 9
Secretaries of each military department shall establish the 10
advisory panels described in section 4063(e) of title 10, 11
United States Code, as added by subsection (a). 12
Æ
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