DOD Entrepreneurial Innovation Act
This bill requires each military department to annually designate at least five eligible programs as Entrepreneurial Innovation Projects. Eligible programs are certain projects currently pursuing commercialization objectives that initially received funding for research and development through the Small Business Innovation Research Program or Small Business Technology Transfer Program. Once designated, programs must be included in future budgets and plans of the Department of Defense.
Each military department must establish an advisory panel to identify and recommend eligible programs for designation.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 273 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 273
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
Business Technology Transfer Program for inclusion in the future
budgets and plans of the Department of Defense, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 11, 2023
Mr. Calvert introduced 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
Business 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DOD Entrepreneurial Innovation
Act''.
SEC. 2. ENTREPRENEURIAL INNOVATION PROJECT DESIGNATIONS.
(a) In General.--
(1) Designating certain sbir and sttr programs as
entrepreneurial innovation projects.--Chapter 303 of title 10,
United States Code, is amended by inserting after section 4062
the following new section:
``Sec. 4063. Entrepreneurial Innovation Project designations
``(a) In General.--During the first fiscal year beginning after the
date of the enactment of this section, and during each subsequent
fiscal year, each Secretary concerned, in consultation with the each
chief of an armed force under the jurisdiction of the Secretary
concerned, shall designate not less than five eligible programs as
Entrepreneurial Innovation Projects.
``(b) Application.--An eligible program seeking designation as an
Entrepreneurial Innovation Project under this section shall submit to
the Secretary concerned an application at such time, in such manner,
and containing such information as the Secretary concerned determines
appropriate.
``(c) Designation Criteria.--In making designations under
subsection (a), the Secretary concerned shall consider--
``(1) the potential of the eligible program to--
``(A) advance the national security capabilities of
the United States;
``(B) provide new technologies or processes, or new
applications of existing technologies, that will enable
new alternatives to existing programs; and
``(C) provide future cost savings;
``(2) whether an advisory panel has recommended the
eligible program for designation; and
``(3) such other criteria that the Secretary concerned
determines to be appropriate.
``(d) Designation Benefits.--
``(1) Future years defense program inclusion.--With respect
to each designated program, the Secretary of Defense shall
include in the next future-years defense program the estimated
expenditures of such designated program. In the preceding
sentence, the term `next future-years defense program' means
the future-years defense program submitted to Congress under
section 221 of this title after the date on which such
designated program is designated under subsection (a).
``(2) Programming proposal.--Each designated program shall
be included by the Secretary concerned under a separate heading
in any programming proposals submitted to the Secretary of
Defense.
``(3) PPBE component.--Each designated program shall be
considered by the Secretary concerned as an integral part of
the planning, programming, budgeting, and execution process of
the Department of Defense.
``(e) Entrepreneurial Innovation Advisory Panels.--
``(1) Establishment.--For each military department, the
Secretary concerned shall establish an advisory panel that,
starting in the first fiscal year beginning after the date of
the enactment of this section, and in each subsequent fiscal
year, shall identify and recommend to the Secretary concerned
for designation under subsection (a) eligible programs based on
the criteria described in subsection (c)(1).
``(2) Membership.--
``(A) Composition.--
``(i) In general.--Each advisory panel
shall be composed of four members appointed by
the Secretary concerned and one member
appointed by the chief of the relevant armed
force under the jurisdiction of the Secretary
concerned.
``(ii) Secretary concerned appointments.--
The Secretary concerned shall appoint members
to the advisory panel as follows:
``(I) Three members who--
``(aa) have experience with
private sector entrepreneurial
innovation, including
development and implementation
of such innovations into well
established markets; and
``(bb) are not employed by
the Federal Government.
``(II) One member who is in the
Senior Executive Service in the
acquisition workforce (as defined in
section 1705 of this title) of the
relevant military department.
``(iii) Service chief appointment.--The
chief of an armed force under the jurisdiction
of the Secretary concerned shall appoint to the
advisory panel one member who is a member of
such armed forces.
``(B) Terms.--
``(i) Private sector members.--Members
described in subparagraph (A)(ii)(I) shall
serve for a term of three years, except that of
the members first appointed--
``(I) one shall serve a term of one
year;
``(II) one shall serve a term of
two years; and
``(III) one shall serve a term of
three years.
``(ii) Federal government employees.--
Members described in clause (ii)(II) or (iii)
of subparagraph (A) shall serve for a term of
two years, except that the first member
appointed under subparagraph (A)(iii) shall
serve for a term of one year.
``(C) Chair.--The chair for each advisory panel
shall be as follows:
``(i) For the first year of operation of
each such advisory panel, and every other year
thereafter, the member appointed under
subparagraph (A)(iii).
``(ii) For the second year of operation of
each such advisory panel, and every other year
thereafter, the member appointed under
subparagraph (A)(ii)(II).
``(D) Vacancies.--A vacancy in an advisory panel
shall be filled in the same manner as the original
appointment.
``(E) Conflict of interest.--Members and staff of
each advisory panel shall disclose to the relevant
Secretary concerned, and such Secretary concerned shall
mitigate to the extent practicable, any professional or
organizational conflict of interest of such members or
staff arising from service on the advisory panel.
``(F) Compensation.--
``(i) Private sector member compensation.--
Except as provided in clause (ii), members of
an advisory panel, and the support staff of
such members, shall be compensated at a rate
determined reasonable by the Secretary
concerned and shall be reimbursed in accordance
with section 5703 of title 5 for reasonable
travel costs and expenses incurred in
performing duties as members of an advisory
panel.
``(ii) Prohibition on compensation of
federal employees.--Members of an advisory
panel who are full-time officers or employees
of the United States or Members of Congress may
not receive additional pay, allowances, or
benefits by reason of their service on an
advisory panel.
``(3) Selection process.--
``(A) Initial selection.--Each advisory panel shall
select not less than ten eligible programs that have
submitted an application under subsection (b).
``(B) Program plans.--
``(i) In general.--Each eligible program
selected under subparagraph (A) may submit to
the advisory panel that selected such eligible
program a program plan containing the five-year
goals, execution plans, schedules, and funding
needs of such eligible program.
``(ii) Support.--Each Secretary concerned
shall, to the greatest extent practicable,
provide eligible programs selected under
subparagraph (A) with access to information to
support the development of the program plans
described in clause (i).
``(C) Final selection.--Each advisory panel shall
recommend to the Secretary concerned for designation
under subsection (a) not less than five eligible
programs that submitted a program plan under
subparagraph (B) to such advisory panel. If there are
less than five such eligible programs, such advisory
panel may recommend to the Secretary concerned for
designation under subsection (a) less than five such
eligible programs.
``(4) Administrative and technical support.--The Secretary
concerned shall provide the relevant advisory panel with such
administrative support, staff, and technical assistance as the
Secretary concerned determines necessary for such advisory
panel to carry out it duties.
``(5) Funding.--The Secretary of Defense may use amounts
available from the Department of Defense Acquisition Workforce
Development Account established under section 1705 of this
title to support the activities of advisory panels.
``(6) Inapplicability of faca.--Chapter 10 of title 5 shall
not apply to the advisory panels established under this
subsection.
``(f) Revocation of Designation.--If the Secretary concerned
determines that a designated program cannot reasonably meet the
objectives of such designated program in the relevant programming
proposal referred to in subsection (d)(2) or such objectives are
irrelevant, such Secretary concerned may revoke the designation.
``(g) Report to Congress.--The Secretary of Defense shall submit to
Congress an annual report describing each designated program and the
progress each designated program has made toward achieving the
objectives of the designated program.
``(h) Definitions.--In this section:
``(1) Advisory panel.--The term `advisory panel' means an
advisory panel established under subsection (e)(1).
``(2) Designated program.--The term `designated program'
means an eligible program that has been designated as an
Entrepreneurial Innovation Project under this section.
``(3) Eligible program.--The term `eligible program' means
work performed pursuant to a Phase III agreement (as such term
is defined in section 9(r)(2) of the Small Business Act (15
U.S.C. 638(r)(2))).''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 303 of title 10, United States Code, is
amended by striking the item relating to section 4063 and
inserting after the item relating to section 4062 the following
new item:
``4063. Entrepreneurial Innovation Project designations.''.
(b) Establishment Deadline.--Not later than 120 days after the date
of the enactment of this Act, the Secretaries of each military
department shall establish the advisory panels described in section
4063(e) of title 10, United States Code, as added by subsection (a).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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