Us Congress 2023-2024 Regular Session

Us Congress House Bill HB273 Compare Versions

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11 I
22 118THCONGRESS
33 1
44 STSESSION H. R. 273
55 To amend chapter 303 of title 10, United States Code, to require the Sec-
66 retary of each military department to identify promising research pro-
77 grams of the Small Business Innovation Research Program or Small
88 Business Technology Transfer Program for inclusion in the future budg-
99 ets and plans of the Department of Defense, and for other purposes.
1010 IN THE HOUSE OF REPRESENTATIVES
1111 JANUARY11, 2023
1212 Mr. C
1313 ALVERTintroduced the following bill; which was referred to the
1414 Committee on Armed Services
1515 A BILL
1616 To amend chapter 303 of title 10, United States Code,
1717 to require the Secretary of each military department
1818 to identify promising research programs of the Small
1919 Business Innovation Research Program or Small Busi-
2020 ness Technology Transfer Program for inclusion in the
2121 future budgets and plans of the Department of Defense,
2222 and for other purposes.
2323 Be it enacted by the Senate and House of Representa-1
2424 tives of the United States of America in Congress assembled, 2
2525 SECTION 1. SHORT TITLE. 3
2626 This Act may be cited as the ‘‘DOD Entrepreneurial 4
2727 Innovation Act’’. 5
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3131 SEC. 2. ENTREPRENEURIAL INNOVATION PROJECT DES-1
3232 IGNATIONS. 2
3333 (a) I
3434 NGENERAL.— 3
3535 (1) D
3636 ESIGNATING CERTAIN SBIR AND STTR 4
3737 PROGRAMS AS ENTREPRENEURIAL INNOVATION 5
3838 PROJECTS.—Chapter 303 of title 10, United States 6
3939 Code, is amended by inserting after section 4062 the 7
4040 following new section: 8
4141 ‘‘§ 4063. Entrepreneurial Innovation Project designa-9
4242 tions 10
4343 ‘‘(a) I
4444 NGENERAL.—During the first fiscal year be-11
4545 ginning after the date of the enactment of this section, 12
4646 and during each subsequent fiscal year, each Secretary 13
4747 concerned, in consultation with the each chief of an armed 14
4848 force under the jurisdiction of the Secretary concerned, 15
4949 shall designate not less than five eligible programs as En-16
5050 trepreneurial Innovation Projects. 17
5151 ‘‘(b) A
5252 PPLICATION.—An eligible program seeking 18
5353 designation as an Entrepreneurial Innovation Project 19
5454 under this section shall submit to the Secretary concerned 20
5555 an application at such time, in such manner, and con-21
5656 taining such information as the Secretary concerned deter-22
5757 mines appropriate. 23
5858 ‘‘(c) D
5959 ESIGNATIONCRITERIA.—In making designa-24
6060 tions under subsection (a), the Secretary concerned shall 25
6161 consider— 26
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6565 ‘‘(1) the potential of the eligible program to— 1
6666 ‘‘(A) advance the national security capa-2
6767 bilities of the United States; 3
6868 ‘‘(B) provide new technologies or proc-4
6969 esses, or new applications of existing tech-5
7070 nologies, that will enable new alternatives to ex-6
7171 isting programs; and 7
7272 ‘‘(C) provide future cost savings; 8
7373 ‘‘(2) whether an advisory panel has rec-9
7474 ommended the eligible program for designation; and 10
7575 ‘‘(3) such other criteria that the Secretary con-11
7676 cerned determines to be appropriate. 12
7777 ‘‘(d) D
7878 ESIGNATIONBENEFITS.— 13
7979 ‘‘(1) F
8080 UTURE YEARS DEFENSE PROGRAM IN -14
8181 CLUSION.—With respect to each designated pro-15
8282 gram, the Secretary of Defense shall include in the 16
8383 next future-years defense program the estimated ex-17
8484 penditures of such designated program. In the pre-18
8585 ceding sentence, the term ‘next future-years defense 19
8686 program’ means the future-years defense program 20
8787 submitted to Congress under section 221 of this title 21
8888 after the date on which such designated program is 22
8989 designated under subsection (a). 23
9090 ‘‘(2) P
9191 ROGRAMMING PROPOSAL .—Each des-24
9292 ignated program shall be included by the Secretary 25
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9696 concerned under a separate heading in any program-1
9797 ming proposals submitted to the Secretary of De-2
9898 fense. 3
9999 ‘‘(3) PPBE
100100 COMPONENT.—Each designated 4
101101 program shall be considered by the Secretary con-5
102102 cerned as an integral part of the planning, program-6
103103 ming, budgeting, and execution process of the De-7
104104 partment of Defense. 8
105105 ‘‘(e) E
106106 NTREPRENEURIAL INNOVATION ADVISORY 9
107107 P
108108 ANELS.— 10
109109 ‘‘(1) E
110110 STABLISHMENT.—For each military de-11
111111 partment, the Secretary concerned shall establish an 12
112112 advisory panel that, starting in the first fiscal year 13
113113 beginning after the date of the enactment of this 14
114114 section, and in each subsequent fiscal year, shall 15
115115 identify and recommend to the Secretary concerned 16
116116 for designation under subsection (a) eligible pro-17
117117 grams based on the criteria described in subsection 18
118118 (c)(1). 19
119119 ‘‘(2) M
120120 EMBERSHIP.— 20
121121 ‘‘(A) C
122122 OMPOSITION.— 21
123123 ‘‘(i) I
124124 N GENERAL.—Each advisory 22
125125 panel shall be composed of four members 23
126126 appointed by the Secretary concerned and 24
127127 one member appointed by the chief of the 25
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131131 relevant armed force under the jurisdiction 1
132132 of the Secretary concerned. 2
133133 ‘‘(ii) S
134134 ECRETARY CONCERNED AP -3
135135 POINTMENTS.—The Secretary concerned 4
136136 shall appoint members to the advisory 5
137137 panel as follows: 6
138138 ‘‘(I) Three members who— 7
139139 ‘‘(aa) have experience with 8
140140 private sector entrepreneurial in-9
141141 novation, including development 10
142142 and implementation of such inno-11
143143 vations into well established mar-12
144144 kets; and 13
145145 ‘‘(bb) are not employed by 14
146146 the Federal Government. 15
147147 ‘‘(II) One member who is in the 16
148148 Senior Executive Service in the acqui-17
149149 sition workforce (as defined in section 18
150150 1705 of this title) of the relevant mili-19
151151 tary department. 20
152152 ‘‘(iii) S
153153 ERVICE CHIEF APPOINT -21
154154 MENT.—The chief of an armed force under 22
155155 the jurisdiction of the Secretary concerned 23
156156 shall appoint to the advisory panel one 24
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160160 member who is a member of such armed 1
161161 forces. 2
162162 ‘‘(B) T
163163 ERMS.— 3
164164 ‘‘(i) P
165165 RIVATE SECTOR MEMBERS .— 4
166166 Members described in subparagraph 5
167167 (A)(ii)(I) shall serve for a term of three 6
168168 years, except that of the members first ap-7
169169 pointed— 8
170170 ‘‘(I) one shall serve a term of one 9
171171 year; 10
172172 ‘‘(II) one shall serve a term of 11
173173 two years; and 12
174174 ‘‘(III) one shall serve a term of 13
175175 three years. 14
176176 ‘‘(ii) F
177177 EDERAL GOVERNMENT EM -15
178178 PLOYEES.—Members described in clause 16
179179 (ii)(II) or (iii) of subparagraph (A) shall 17
180180 serve for a term of two years, except that 18
181181 the first member appointed under subpara-19
182182 graph (A)(iii) shall serve for a term of one 20
183183 year. 21
184184 ‘‘(C) C
185185 HAIR.—The chair for each advisory 22
186186 panel shall be as follows: 23
187187 ‘‘(i) For the first year of operation of 24
188188 each such advisory panel, and every other 25
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192192 year thereafter, the member appointed 1
193193 under subparagraph (A)(iii). 2
194194 ‘‘(ii) For the second year of operation 3
195195 of each such advisory panel, and every 4
196196 other year thereafter, the member ap-5
197197 pointed under subparagraph (A)(ii)(II). 6
198198 ‘‘(D) V
199199 ACANCIES.—A vacancy in an advi-7
200200 sory panel shall be filled in the same manner as 8
201201 the original appointment. 9
202202 ‘‘(E) C
203203 ONFLICT OF INTEREST .—Members 10
204204 and staff of each advisory panel shall disclose 11
205205 to the relevant Secretary concerned, and such 12
206206 Secretary concerned shall mitigate to the extent 13
207207 practicable, any professional or organizational 14
208208 conflict of interest of such members or staff 15
209209 arising from service on the advisory panel. 16
210210 ‘‘(F) C
211211 OMPENSATION.— 17
212212 ‘‘(i) P
213213 RIVATE SECTOR MEMBER COM -18
214214 PENSATION.—Except as provided in clause 19
215215 (ii), members of an advisory panel, and the 20
216216 support staff of such members, shall be 21
217217 compensated at a rate determined reason-22
218218 able by the Secretary concerned and shall 23
219219 be reimbursed in accordance with section 24
220220 5703 of title 5 for reasonable travel costs 25
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224224 and expenses incurred in performing duties 1
225225 as members of an advisory panel. 2
226226 ‘‘(ii) P
227227 ROHIBITION ON COMPENSATION 3
228228 OF FEDERAL EMPLOYEES .—Members of an 4
229229 advisory panel who are full-time officers or 5
230230 employees of the United States or Mem-6
231231 bers of Congress may not receive addi-7
232232 tional pay, allowances, or benefits by rea-8
233233 son of their service on an advisory panel. 9
234234 ‘‘(3) S
235235 ELECTION PROCESS.— 10
236236 ‘‘(A) I
237237 NITIAL SELECTION.—Each advisory 11
238238 panel shall select not less than ten eligible pro-12
239239 grams that have submitted an application under 13
240240 subsection (b). 14
241241 ‘‘(B) P
242242 ROGRAM PLANS.— 15
243243 ‘‘(i) I
244244 N GENERAL.—Each eligible pro-16
245245 gram selected under subparagraph (A) 17
246246 may submit to the advisory panel that se-18
247247 lected such eligible program a program 19
248248 plan containing the five-year goals, execu-20
249249 tion plans, schedules, and funding needs of 21
250250 such eligible program. 22
251251 ‘‘(ii) S
252252 UPPORT.—Each Secretary con-23
253253 cerned shall, to the greatest extent prac-24
254254 ticable, provide eligible programs selected 25
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258258 under subparagraph (A) with access to in-1
259259 formation to support the development of 2
260260 the program plans described in clause (i). 3
261261 ‘‘(C) F
262262 INAL SELECTION.—Each advisory 4
263263 panel shall recommend to the Secretary con-5
264264 cerned for designation under subsection (a) not 6
265265 less than five eligible programs that submitted 7
266266 a program plan under subparagraph (B) to 8
267267 such advisory panel. If there are less than five 9
268268 such eligible programs, such advisory panel may 10
269269 recommend to the Secretary concerned for des-11
270270 ignation under subsection (a) less than five 12
271271 such eligible programs. 13
272272 ‘‘(4) A
273273 DMINISTRATIVE AND TECHNICAL SUP -14
274274 PORT.—The Secretary concerned shall provide the 15
275275 relevant advisory panel with such administrative 16
276276 support, staff, and technical assistance as the Sec-17
277277 retary concerned determines necessary for such advi-18
278278 sory panel to carry out it duties. 19
279279 ‘‘(5) F
280280 UNDING.—The Secretary of Defense may 20
281281 use amounts available from the Department of De-21
282282 fense Acquisition Workforce Development Account 22
283283 established under section 1705 of this title to sup-23
284284 port the activities of advisory panels. 24
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288288 ‘‘(6) INAPPLICABILITY OF FACA .—Chapter 10 1
289289 of title 5 shall not apply to the advisory panels es-2
290290 tablished under this subsection. 3
291291 ‘‘(f) R
292292 EVOCATION OF DESIGNATION.—If the Sec-4
293293 retary concerned determines that a designated program 5
294294 cannot reasonably meet the objectives of such designated 6
295295 program in the relevant programming proposal referred 7
296296 to in subsection (d)(2) or such objectives are irrelevant, 8
297297 such Secretary concerned may revoke the designation. 9
298298 ‘‘(g) R
299299 EPORT TOCONGRESS.—The Secretary of De-10
300300 fense shall submit to Congress an annual report describing 11
301301 each designated program and the progress each designated 12
302302 program has made toward achieving the objectives of the 13
303303 designated program. 14
304304 ‘‘(h) D
305305 EFINITIONS.—In this section: 15
306306 ‘‘(1) A
307307 DVISORY PANEL.—The term ‘advisory 16
308308 panel’ means an advisory panel established under 17
309309 subsection (e)(1). 18
310310 ‘‘(2) D
311311 ESIGNATED PROGRAM .—The term ‘des-19
312312 ignated program’ means an eligible program that 20
313313 has been designated as an Entrepreneurial Innova-21
314314 tion Project under this section. 22
315315 ‘‘(3) E
316316 LIGIBLE PROGRAM.—The term ‘eligible 23
317317 program’ means work performed pursuant to a 24
318318 Phase III agreement (as such term is defined in sec-25
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322322 tion 9(r)(2) of the Small Business Act (15 U.S.C. 1
323323 638(r)(2))).’’. 2
324324 (2) C
325325 LERICAL AMENDMENT .—The table of sec-3
326326 tions at the beginning of chapter 303 of title 10, 4
327327 United States Code, is amended by striking the item 5
328328 relating to section 4063 and inserting after the item 6
329329 relating to section 4062 the following new item: 7
330330 ‘‘4063. Entrepreneurial Innovation Project designations.’’.
331331 (b) ESTABLISHMENT DEADLINE.—Not later than 8
332332 120 days after the date of the enactment of this Act, the 9
333333 Secretaries of each military department shall establish the 10
334334 advisory panels described in section 4063(e) of title 10, 11
335335 United States Code, as added by subsection (a). 12
336336 Æ
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