II 

111TH CONGRESS 

2D SESSION S. 3228 

To authorize the Administrator of the Small Business Administration to 

make grants to small business concerns to assist the commercialization 

of research developed with funds received under the second phase of 

the Small Business Innovation Research Program. 

IN THE SENATE OF THE UNITED STATES 

APRIL 20, 2010 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on Small Business and Entrepreneurship 

A BILL 

To authorize the Administrator of the Small Business Administration to make grants to small business concerns 

to assist the commercialization of research developed with 

funds received under the second phase of the Small Business Innovation Research Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Small Business Inno5 vation to Job Creation Act of 2010’’. 


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1 SEC. 2. COMMERCIALIZATION GRANTS TO SMALL BUSI2 NESSES RECEIVING SBIR SECOND PHASE 

3 FUNDS. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘Administrator’’ means the Ad6 ministrator of the Small Business Administration; 

7 (2) the terms ‘‘Federal agency’’, ‘‘research’’, 

8 and ‘‘Small Business Innovation Research Program’’ 

9 have the meanings given such terms in section 9(e) 

10 of the Small Business Act (15 U.S.C. 638(e)); and 

11 (3) the term ‘‘second phase’’ means the phase 

12 described in section 9(e)(4)(B) of the Small Busi13 ness Act (15 U.S.C. 638(e)(4)(B)). 

14 (b) ESTABLISHMENT.—The Administrator may make 

15 grants on a competitive basis to small business concerns 

16 to commercialize research developed by the small business 

17 concerns using funds received under the second phase of 

18 the Small Business Innovation Research Program. 

19 (c) ELIGIBILITY.—The Administrator may award a 

20 grant under this section to a small business concern 

21 that— 

22 (1) received funds under a second phase award 

23 under the Small Business Innovation Research Pro24 gram during fiscal year 2007 or 2008; 

25 (2) meets the criteria for receiving funds under 

26 a second phase award under the Small Business InVerDate Nov 24 2008 00:13 Apr 21, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3228.IS S3228

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1 novation Research Program at the time a grant 

2 under this section is awarded, unless the Adminis3 trator determines that the criteria are no longer ap4 plicable; 

5 (3) has obtained from the Federal agency from 

6 which the small business concern received the funds 

7 described in paragraph (1) a recommendation that 

8 the small business concern receive a grant under this 

9 section; and 

10 (4) has not previously received a grant under 

11 this section for the commercialization of the research 

12 proposed to be carried out using a grant under this 

13 section. 

14 (d) APPLICATION.—A small business concern that de15 sires a grant under this section shall submit to the Admin16 istrator an application at such time and in such form as 

17 the Administrator may require, that includes— 

18 (1) a description of the commercialization 

19 project for which the small business concern will use 

20 the grant; 

21 (2) the budget for the commercialization 

22 project; and 

23 (3) a certification that the small business con24 cern meets the criteria described in subsection (c). 


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1 (e) GRANT AMOUNT.—A grant under this section 

2 shall be in an amount that— 

3 (1) the Administrator, in consultation with the 

4 head of the Federal agency from which the small 

5 business concern received the funds described in 

6 subsection (c)(1), determines is appropriate; and 

7 (2) does not exceed the amount of funds de8 scribed in subsection (c)(1) received by the small 

9 business concern with respect to the research for 

10 which a grant under this section is made. 

11 (f) TERMINATION.—The Administrator may not 

12 make a grant under this section on or after October 1, 

13 2011. 

14 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $2,000,000,000 for fiscal year 2011. 

Æ 


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