II 111th CONGRESS 2d Session S. 3228 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.

Short title

This Act may be cited as the Small Business Innovation to Job Creation Act of 2010.

2.

Commercialization grants to small businesses receiving SBIR second phase funds

(a)

Definitions

In this section— (1)the term Administrator means the Administrator of the Small Business Administration; (2)the terms Federal agency, research, and Small Business Innovation Research Program have the meanings given such terms in section 9(e) of the Small Business Act (15 U.S.C. 638(e)); and (3)the term second phase means the phase described in section 9(e)(4)(B) of the Small Business Act (15 U.S.C. 638(e)(4)(B)). (b)

Establishment

The Administrator may make grants on a competitive basis to small business concerns to commercialize research developed by the small business concerns using funds received under the second phase of the Small Business Innovation Research Program. (c)

Eligibility

The Administrator may award a grant under this section to a small business concern that— (1)received funds under a second phase award under the Small Business Innovation Research Program during fiscal year 2007 or 2008; (2)meets the criteria for receiving funds under a second phase award under the Small Business Innovation Research Program at the time a grant under this section is awarded, unless the Administrator determines that the criteria are no longer applicable; (3)has obtained from the Federal agency from which the small business concern received the funds described in paragraph (1) a recommendation that the small business concern receive a grant under this section; and (4)has not previously received a grant under this section for the commercialization of the research proposed to be carried out using a grant under this section. (d)

Application

A small business concern that desires a grant under this section shall submit to the Administrator an application at such time and in such form as the Administrator may require, that includes— (1)a description of the commercialization project for which the small business concern will use the grant; (2)the budget for the commercialization project; and (3)a certification that the small business concern meets the criteria described in subsection (c). (e)

Grant amount

A grant under this section shall be in an amount that— (1)the Administrator, in consultation with the head of the Federal agency from which the small business concern received the funds described in subsection (c)(1), determines is appropriate; and (2)does not exceed the amount of funds described in subsection (c)(1) received by the small business concern with respect to the research for which a grant under this section is made. (f)

Termination

The Administrator may not make a grant under this section on or after October 1, 2011. (g)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $2,000,000,000 for fiscal year 2011.