[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2600-S2601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 435. Mr. DAINES submitted an amendment intended to be proposed by
him to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 849. 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
4067 the following new section:
``SEC. 4068. 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.
``(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.
[[Page S2601]]
``(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 inserting after the item related to section 4067
the following new item:
``4068. 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 4068(e) of title 10, United States Code,
as added by subsection (a).
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