I 
118TH CONGRESS 
1ST SESSION 
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 
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 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘DOD Entrepreneurial 
Innovation Act’’. 
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SEC. 2. ENTREPRENEURIAL INNOVATION PROJECT DES-
IGNATIONS. 
(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: 
‘‘§ 4063. Entrepreneurial Innovation Project designa-
tions 
‘‘(a) IN GENERAL.—During the first fiscal year be-
ginning 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 En-
trepreneurial 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 con-
taining such information as the Secretary concerned deter-
mines appropriate. 
‘‘(c) DESIGNATION CRITERIA.—In making designa-
tions under subsection (a), the Secretary concerned shall 
consider— 
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‘‘(1) the potential of the eligible program to— 
‘‘(A) advance the national security capa-
bilities of the United States; 
‘‘(B) provide new technologies or proc-
esses, or new applications of existing tech-
nologies, that will enable new alternatives to ex-
isting programs; and 
‘‘(C) provide future cost savings; 
‘‘(2) whether an advisory panel has rec-
ommended the eligible program for designation; and 
‘‘(3) such other criteria that the Secretary con-
cerned determines to be appropriate. 
‘‘(d) DESIGNATION BENEFITS.— 
‘‘(1) FUTURE
YEARS
DEFENSE
PROGRAM
IN-
CLUSION.—With respect to each designated pro-
gram, the Secretary of Defense shall include in the 
next future-years defense program the estimated ex-
penditures of such designated program. In the pre-
ceding 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 des-
ignated program shall be included by the Secretary 
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concerned under a separate heading in any program-
ming proposals submitted to the Secretary of De-
fense. 
‘‘(3) PPBE 
COMPONENT.—Each designated 
program shall be considered by the Secretary con-
cerned as an integral part of the planning, program-
ming, budgeting, and execution process of the De-
partment of Defense. 
‘‘(e) ENTREPRENEURIAL
INNOVATION
ADVISORY 
PANELS.— 
‘‘(1) ESTABLISHMENT.—For each military de-
partment, 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 pro-
grams 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 
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relevant armed force under the jurisdiction 
of the Secretary concerned. 
‘‘(ii) SECRETARY
CONCERNED
AP-
POINTMENTS.—The Secretary concerned 
shall appoint members to the advisory 
panel as follows: 
‘‘(I) Three members who— 
‘‘(aa) have experience with 
private sector entrepreneurial in-
novation, including development 
and implementation of such inno-
vations into well established mar-
kets; and 
‘‘(bb) are not employed by 
the Federal Government. 
‘‘(II) One member who is in the 
Senior Executive Service in the acqui-
sition workforce (as defined in section 
1705 of this title) of the relevant mili-
tary department. 
‘‘(iii) 
SERVICE
CHIEF
APPOINT-
MENT.—The chief of an armed force under 
the jurisdiction of the Secretary concerned 
shall appoint to the advisory panel one 
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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 ap-
pointed— 
‘‘(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
EM-
PLOYEES.—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 subpara-
graph (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 
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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 ap-
pointed under subparagraph (A)(ii)(II). 
‘‘(D) VACANCIES.—A vacancy in an advi-
sory 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 COM-
PENSATION.—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 reason-
able by the Secretary concerned and shall 
be reimbursed in accordance with section 
5703 of title 5 for reasonable travel costs 
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under subparagraph (A) with access to in-
formation to support the development of 
the program plans described in clause (i). 
‘‘(C) FINAL
SELECTION.—Each advisory 
panel shall recommend to the Secretary con-
cerned 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 des-
ignation under subsection (a) less than five 
such eligible programs. 
‘‘(4) ADMINISTRATIVE
AND
TECHNICAL
SUP-
PORT.—The Secretary concerned shall provide the 
relevant advisory panel with such administrative 
support, staff, and technical assistance as the Sec-
retary concerned determines necessary for such advi-
sory panel to carry out it duties. 
‘‘(5) FUNDING.—The Secretary of Defense may 
use amounts available from the Department of De-
fense Acquisition Workforce Development Account 
established under section 1705 of this title to sup-
port the activities of advisory panels. 
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‘‘(6) INAPPLICABILITY OF FACA.—Chapter 10 
of title 5 shall not apply to the advisory panels es-
tablished under this subsection. 
‘‘(f) REVOCATION
OF DESIGNATION.—If the Sec-
retary 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 De-
fense 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 ‘des-
ignated program’ means an eligible program that 
has been designated as an Entrepreneurial Innova-
tion 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 sec-
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tion 9(r)(2) of the Small Business Act (15 U.S.C. 
638(r)(2))).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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). 
Æ 
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