[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1335 Reported in Senate (RS)]






                                                       Calendar No. 429
107th CONGRESS
  2d Session
                                S. 1335

          To support business incubation in academic settings.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2001

   Mr. Kennedy (for himself, Mr. DeWine, Mr. Daschle, Ms. Snowe, Mr. 
   Durbin, Mr. Corzine, Ms. Stabenow, Mr. Baucus, Mr. Bingaman, Mr. 
  Lieberman, Ms. Landrieu, Mr. Johnson, Mr. Conrad, Mrs. Clinton, Mr. 
   Cleland, Mr. Akaka, Mr. Leahy, Mr. Jeffords, Ms. Collins, and Mr. 
  Hutchinson) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

                             June 20, 2002

               Reported by Mr. Kennedy, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
          To support business incubation in academic settings.

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

<DELETED>SECTION 1. SHORT TITLE; FINDINGS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Linking 
Educators and Developing Entrepreneurs for Reaching Success Act of 
2001''.</DELETED>
<DELETED>    (b) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) Business incubators housed in academic 
        settings provide unique educational opportunities for students, 
        provide entrepreneurs with enhanced access to a skilled 
        workforce, and bring a wealth of resources to business, 
        academia, and communities.</DELETED>
        <DELETED>    (2) Academic affiliated incubators bridge the 
        missions of academic institutions by bringing together 
        education, economic development, and technology 
        commercialization efforts.</DELETED>
        <DELETED>    (3) Studies have shown that incubator tenant 
        companies have an average success rate of 87 percent, and 90 
        percent for technology-based incubator tenant companies. These 
        success rates are dramatically higher than the success rates 
        for companies in the general economy.</DELETED>
        <DELETED>    (4) Incubator companies are also more likely to 
        remain in the same communities as they grow and to provide high 
        paying jobs and benefits to their employees.</DELETED>
        <DELETED>    (5) Business incubators help academic institutions 
        contribute to local goals of sustaining economic development in 
        their surrounding communities.</DELETED>
        <DELETED>    (6) Education in entrepreneurship and other 
        business formation skills is essential to business success and 
        sustainable economic development.</DELETED>

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>    The purpose of this Act is to encourage entrepreneurship 
by increasing the role for academia in entrepreneurship by providing 
space and expertise in an academic setting to house and support new and 
emerging small businesses.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Degree-granting institution.--The term 
        ``degree-granting institution'' means an institution of higher 
        education, as defined in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001), that awards an associate or 
        baccalaureate degree.</DELETED>
        <DELETED>    (2) Incubator.--The term ``incubator'' means an 
        entity affiliated with or housed in a degree-granting 
        institution that provides space and coordinated and specialized 
        services to entrepreneurial businesses which meet selected 
        criteria during the businesses' startup phase, including 
        providing services such as shared office space and services, 
        access to equipment, access to telecommunications and 
        technology services, flexible leases, specialized management 
        assistance, access to financing, and other coordinated business 
        or technical support services.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.</DELETED>

<DELETED>SEC. 4. PROGRAM AUTHORIZED.</DELETED>

<DELETED>    (a) In General.--The Secretary is authorized to support 
the establishment and development of incubators.</DELETED>
<DELETED>    (b) Allocation of Funds.--From the amount appropriated 
under section 9, the Secretary--</DELETED>
        <DELETED>    (1) shall reserve 80 percent of the amount to--
        </DELETED>
                <DELETED>    (A) make awards, on a competitive basis, 
                in amounts of $500,000 to $750,000, to help acquire or 
                renovate space for incubators; and</DELETED>
                <DELETED>    (B) make awards, on a competitive basis, 
                in amounts of $50,000 to $150,000, for developing 
                curricula, providing services, or providing programming 
                for entrepreneurs housed in an incubator;</DELETED>
        <DELETED>    (2) shall reserve 10 percent of the amount to make 
        awards, on a competitive basis, in amounts of $50,000 to 
        $150,000, for feasibility studies for determining the need for 
        or siting of incubators; and</DELETED>
        <DELETED>    (3) shall reserve 10 percent for research 
        regarding best practices for incubator programs, including the 
        development of a benchmarking system based on uniform measures, 
        and for dissemination of information regarding such 
        practices.</DELETED>
<DELETED>    (c) Contracts.--The Secretary is authorized to contract 
with organizations with expertise in business incubation practices for 
the purposes of carrying out subsection (b)(3).</DELETED>
<DELETED>    (d) Recipients.--The Secretary shall make an award--
</DELETED>
        <DELETED>    (1) described in subsection (b)(1) to a nonprofit 
        entity that has a strong affiliation with a degree-granting 
        institution and manages or provides technical assistance to the 
        degree-granting institution's affiliated incubator, or if no 
        nonprofit entity manages or provides technical assistance to 
        the incubator, to the degree-granting institution managing the 
        incubator; and</DELETED>
        <DELETED>    (2) described in subsection (b)(2) to a degree-
        granting institution, or a nonprofit municipality, city, 
        township, or community development organization.</DELETED>

<DELETED>SEC. 5. USES OF FUNDS.</DELETED>

<DELETED>    Funds awarded under section 4(b)(1)(B) may be used for--
</DELETED>
        <DELETED>    (1) curriculum, training, or technical assistance 
        developed by academic faculty with participation from 
        entrepreneurship experts and local government 
        leaders;</DELETED>
        <DELETED>    (2) programming that contributes to a coordinated 
        set of business assistance tools, such as developing management 
        teams, providing workforce development, forming strategic 
        alliances, developing capital formation networks, and 
        developing customized plans to help entrepreneurs meet the 
        challenges of doing business in their specific communities; 
        and</DELETED>
        <DELETED>    (3) hiring staff to coordinate the activities 
        described in paragraph (1) or (2) or for curriculum 
        development.</DELETED>

<DELETED>SEC. 6. APPLICATIONS.</DELETED>

<DELETED>    (a) In General.--Each entity desiring assistance under 
this Act shall submit an application to the Secretary at such time, in 
such manner, and accompanied by such information as the Secretary may 
require.</DELETED>
<DELETED>    (b) Contents.--Each application shall contain an assurance 
that the activities to be assisted--</DELETED>
        <DELETED>    (1) have the support of the municipality, city, or 
        township in which the incubator is housed or proposed to be 
        housed; and</DELETED>
        <DELETED>    (2) are consistent with the local economic 
        development or strategic master plan.</DELETED>
<DELETED>    (c) Priority.--The Secretary shall give priority to 
funding applications under this Act that provide strong educational 
opportunities to students in entrepreneurship, and that require 
significant collaboration between businesses, academia, and local 
government and economic development leaders.</DELETED>
<DELETED>    (d) Consideration.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may give 
        consideration to funding applications under this Act that 
        support--</DELETED>
                <DELETED>    (A) the building of new 
                incubators;</DELETED>
                <DELETED>    (B) incubators located in economically 
                distressed areas;</DELETED>
                <DELETED>    (C) incubators with successful graduation 
                rates for tenant companies;</DELETED>
                <DELETED>    (D) incubators that have shown 
                demonstrable economic benefits in their surrounding 
                communities; or</DELETED>
                <DELETED>    (E) incubators that work with faculty 
                entrepreneurs or university-based research.</DELETED>
        <DELETED>    (2) Definition of consideration.--In this 
        subsection the term ``consideration'' means thought and does 
        not mean priority.</DELETED>

<DELETED>SEC. 7. MATCHING FUNDS.</DELETED>

<DELETED>    Each entity receiving Federal assistance under section 
4(b)(1) shall contribute matching funds, in an amount equal to the 
amount of Federal assistance received under this Act, toward the costs 
of the activities assisted under this Act.</DELETED>

<DELETED>SEC. 8. REPORT.</DELETED>

<DELETED>    The Secretary, at the end of the third year for which 
assistance is provided under this Act, shall prepare and submit to 
Congress a report that--</DELETED>
        <DELETED>    (1) describes the most effective or innovative 
        additions to curricula developed under this Act;</DELETED>
        <DELETED>    (2) contains a comparison of small business 
        survival rates for small businesses that started up in 
        incubators versus small businesses that did not so 
        start;</DELETED>
        <DELETED>    (3) describes factors leading to success of 
        incubator businesses (if any);</DELETED>
        <DELETED>    (4) describes the best role for degree-granting 
        institutions in business incubation; and</DELETED>
        <DELETED>    (5) contains a comparison of academic-affiliated 
        incubators of specific missions and ages supported under this 
        Act with incubators with similar missions and ages that are not 
        supported under this Act.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to carry out this 
Act $20,000,000 for each of the fiscal years 2002, 2003, and 
2004.</DELETED>

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Linking Educators 
and Developing Entrepreneurs for Reaching Success Act of 2001''.
    (b) Findings.--Congress makes the following findings:
            (1) Business incubators housed in academic settings provide 
        unique educational opportunities for students, provide 
        entrepreneurs with enhanced access to a skilled workforce, and 
        bring a wealth of resources to business, academia, and 
        communities.
            (2) Academic affiliated incubators bridge the missions of 
        academic institutions by bringing together education, economic 
        development, and technology commercialization efforts.
            (3) Studies have shown that incubator tenant companies have 
        an average success rate of 87 percent, and 90 percent for 
        technology-based incubator tenant companies. These success 
        rates are dramatically higher than the success rates for 
        companies in the general economy.
            (4) Incubator companies are also more likely to remain in 
        the same communities as they grow and to provide high paying 
        jobs and benefits to their employees.
            (5) Business incubators help academic institutions 
        contribute to local goals of sustaining economic development in 
        their surrounding communities.
            (6) Education in entrepreneurship and other business 
        formation skills is essential to business success and 
        sustainable economic development.

SEC. 2. PURPOSE.

    The purpose of this Act is to encourage entrepreneurship by 
increasing the role for academia in entrepreneurship by providing space 
and expertise in an academic setting to house and support new and 
emerging small businesses.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Degree-granting institution.--The term ``degree-
        granting institution'' means an institution of higher 
        education, as defined in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001), that awards an associate or 
        baccalaureate degree.
            (2) Incubator.--The term ``incubator'' means an entity 
        affiliated with or housed in a degree-granting institution that 
        provides space and coordinated and specialized services to 
        entrepreneurial businesses which meet selected criteria during 
        the businesses' startup phase, including providing services 
        such as shared office space and services, access to equipment, 
        access to telecommunications and technology services, flexible 
        leases, specialized management assistance, access to financing, 
        and other coordinated business or technical support services.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 4. PROGRAM AUTHORIZED.

    (a) In General.--The Secretary is authorized to support the 
establishment and development of incubators.
    (b) Allocation of Funds.--From the amount appropriated under 
section 9, the Secretary--
            (1) shall reserve 80 percent of the amount to--
                    (A) make awards, on a competitive basis, in amounts 
                of $500,000 to $750,000, to help acquire or renovate 
                space for incubators; and
                    (B) make awards, on a competitive basis, in amounts 
                of $50,000 to $150,000, for--
                            (i) developing curricula;
                            (ii) providing services, including, but not 
                        limited to: preparing corporate charters, 
                        partnership agreements, and basic contracts; 
                        assistance with patents, trademarks, and 
                        copyrights; and technology acquisition 
                        services; or
                            (iii) providing programming for 
                        entrepreneurs housed in an incubator;
            (2) shall reserve 10 percent of the amount to make awards, 
        on a competitive basis, in amounts of $50,000 to $150,000, for 
        feasibility studies for determining the need for or siting of 
        incubators; and
            (3) shall reserve 10 percent for research regarding best 
        practices for incubator programs, including the development of 
        a benchmarking system based on uniform measures, and for 
        dissemination of information regarding such practices.
    (c) Contracts.--The Secretary is authorized to contract with 
organizations with expertise in business incubation practices for the 
purposes of carrying out subsection (b)(3).
    (d) Recipients.--The Secretary shall make an award--
            (1) described in subsection (b)(1) to a nonprofit entity 
        that has a strong affiliation with a degree-granting 
        institution and manages or provides technical assistance to the 
        degree-granting institution's affiliated incubator, or if no 
        nonprofit entity manages or provides technical assistance to 
        the incubator, to the degree-granting institution managing the 
incubator; and
            (2) described in subsection (b)(2) to a degree-granting 
        institution, or a nonprofit municipality, city, township, or 
        community development organization.

SEC. 5. USES OF FUNDS.

    Funds awarded under section 4(b)(1)(B) may be used for--
            (1) curriculum, training, or technical assistance developed 
        by academic faculty with participation from entrepreneurship 
        experts and local government leaders;
            (2) programming that contributes to a coordinated set of 
        business assistance tools, such as developing management teams, 
        providing workforce development, forming strategic alliances, 
        developing capital formation networks, and developing 
        customized plans to help entrepreneurs meet the challenges of 
        doing business in their specific communities; and
            (3) hiring staff to coordinate the activities described in 
        paragraph (1) or (2) or for curriculum development.

SEC. 6. APPLICATIONS.

    (a) In General.--Each entity desiring assistance under this Act 
shall submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary may 
require.
    (b) Contents.--Each application shall contain an assurance that the 
activities to be assisted--
            (1) have the support of the municipality, city, or township 
        in which the incubator is housed or proposed to be housed; and
            (2) are consistent with the local economic development or 
        strategic master plan.
    (c) Priority.--The Secretary shall give priority to funding 
applications under this Act that provide strong educational 
opportunities to students in entrepreneurship, and that require 
significant collaboration between businesses, academia, and local 
government and economic development leaders.
    (d) Consideration.--
            (1) In general.--The Secretary may give consideration to 
        funding applications under this Act that support--
                    (A) the building of new incubators;
                    (B) incubators located in economically distressed 
                areas;
                    (C) incubators with successful graduation rates for 
                tenant companies;
                    (D) incubators that have shown demonstrable 
                economic benefits in their surrounding communities;
                    (E) incubators that work with faculty entrepreneurs 
                or university-based research; or
                    (F) incubators located in rural, inner-city areas, 
                Indian reservations or pueblos where the presence of an 
                incubator may enhance and diversify the area's economy 
                through expanded technology commercialization.
            (2) Definition of consideration.--In this subsection the 
        term ``consideration'' means thought and does not mean 
        priority.

SEC. 7. MATCHING FUNDS.

    Each entity receiving Federal assistance under section 4(b)(1) 
shall contribute matching funds, in an amount equal to the amount of 
Federal assistance received under this Act, toward the costs of the 
activities assisted under this Act. The non-Federal share required 
under this section may be provided in the form of in-kind 
contributions.

SEC. 8. REPORT.

    The Secretary, at the end of the third year for which assistance is 
provided under this Act, shall prepare and submit to Congress a report 
that--
            (1) describes the most effective or innovative additions to 
        curricula developed under this Act;
            (2) contains a comparison of small business survival rates 
        for small businesses that started up in incubators versus small 
        businesses that did not so start;
            (3) describes factors leading to success of incubator 
        businesses (if any);
            (4) describes the best role for degree-granting 
        institutions in business incubation; and
            (5) contains a comparison of academic-affiliated incubators 
        of specific missions and ages supported under this Act with 
        incubators with similar missions and ages that are not 
        supported under this Act.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$20,000,000 for each of the fiscal years 2003, 2004, and 2005.




                                                       Calendar No. 429

107th CONGRESS

  2d Session

                                S. 1335

_______________________________________________________________________

                                 A BILL

          To support business incubation in academic settings.

_______________________________________________________________________

                             June 20, 2002

                       Reported with an amendment