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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle E--Other Matters

P. L. 111-

House Conference Report 111-288

    (a) SBIR Extension.--Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is amended--

    (1) by striking ``The authorization'' and inserting the following:

    ``(1) IN GENERAL.--Except as provided in paragraph (2), the authorization''; and

    (2) by adding at the end the following:

    ``(2) EXCEPTION FOR DEPARTMENT OF DEFENSE.--The Secretary of Defense and the Secretary of each military department is authorized to carry out the Small Business Innovation Research Program of the Department of Defense until September 30, 2010''.

    (b) STTR Reauthorization.--Section 9(n)(1)(A) of the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amended--

    (1) by striking ``With respect'' and inserting the following:

    ``(i) FEDERAL AGENCIES GENERALLY.--Except as provided in clause (ii), with respect''; and

    (2) by adding at the end the following:

    ``(ii) DEPARTMENT OF DEFENSE.--The Secretary of Defense and the Secretary of each military department shall carry out clause (i) with respect to each fiscal year through fiscal year 2010.''.

    (c) Effective Date.--The amendments made by this section shall take effect as of July 30, 2009.

   The Senate amendment contained a provision (sec. 833) that would reauthorize the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs of the Department of Defense (DOD) through fiscal year 2023.

   The House bill contained no similar provision.

   The House recedes with an amendment that would reduce the period of reauthorization of the programs to 1 year.

   The conferees believe that this limited reauthorization will provide time for the passage of a more complete reauthorization of the government-wide SBIR/STTR program. The conferees note that the House and Senate committees of jurisdiction are working towards such a reauthorization. The conferees further expect that the DOD SBIR/STTR programs and the authorities for those programs will be modified by that reauthorization, including potentially changing the reauthorization period for the DOD programs established by this conference agreement. The conferees note that the Department of Defense has indicated that a 2-year reauthorization of the SBIR/STTR is not appropriate since it does not cover the length of consecutive Phase I and Phase II awards, and would compromise SBIR/STTR program planning, execution, and evaluation, and will make the program difficult to align within the broader context of the DOD program, planning, budgeting, and execution process. The conferees believe that any reauthorization of the SBIR/STTR program should reflect these DOD concerns.

   The conferees further note that DOD represents, by far, the largest SBIR/STTR program in the federal government. The conferees expect that any reauthorization of the program should strongly take into advisement concerns related to the practical executability of the authorizing statutes, the burdens they may place on limited staff and management resources, and their impact on technology development and deployment of new technologies to support the missions of the Department of Defense. The conferees expect to work closely with the committees of jurisdiction as they work towards a complete reauthorization of the government-wide SBIR/STTR program.  

Senate Report 111-035 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

The committee recommends a provision that would extend the authority of the Department of Defense to execute the Small Business Innovation Research (SBIR), Small Business Technology Transfer (STTR), and other associated programs until September 30, 2023. The committee notes that the SBIR and STTR programs have successfully invested in a number of innovative small businesses and funded research and technologies that have contributed significantly to the development and deployment of new military systems and capabilities.

The committee believes that a long-term extension of these programs will provide program stability and enable participants in both the government and the small business community to better plan budgets and programs and enhance overall program effectiveness and efficiency.