[Congressional Record Volume 148, Number 57 (Wednesday, May 8, 2002)]
[Senate]
[Pages S4079-S4082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3394. Mr. KENNEDY (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill H.R. 3009, to 
extend the Andean Trade Preference Act, to grant additional trade 
benefits under that Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 248, strike line 21 and all that follows 
     through page 249, line 4, and insert the following:
       (v) providing strong enforcement of intellectual property 
     rights, including through accessible, expeditious, and 
     effective civil, administrative, and criminal enforcement 
     mechanisms;
       (B) to secure fair, equitable, and non-discriminatory 
     market access opportunities for United States persons that 
     rely upon intellectual property protection; and
       (C) to respect the Declaration on the TRIPS Agreement and 
     Public Health, adopted by the World Trade Organization at the 
     Fourth Ministerial Conference at Doha, Qatar on November 14, 
     2001.
                                  ____

  SA 3395. Mr. KENNEDY (for himself and Mr. DeWine) submitted an 
amendment intended to be proposed by him to the bill H.R. 3009, to 
extend the Andean Trade Preference Act, to grant additional trade 
benefits under that Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following new title:

                     TITLE __--BUSINESS INCUBATION

     SEC. __01. SHORT TITLE; FINDINGS.

       (a) Short Title.--This title may be cited as the ``Linking 
     Educators and Developing Entrepreneurs for Reaching Success 
     Act of 2002''.
       (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

[[Page S4080]]

     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.
       (7) Studies have shown that every 50 jobs created by a 
     business in an incubator generate another 25 jobs in that 
     incubator's community.
       (8) Business incubators are of particular value in 
     communities that have seen significant job displacement due 
     to overwhelming competition from exports.

     SEC. __02. PURPOSE.

       The purpose of this title 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. __03. DEFINITIONS.

       In this title:
       (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. __04. 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 __09, 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--

       (I) preparing corporate charters, partnership agreements, 
     and basic contracts;
       (II) assisting with patents, trademarks, and copyrights; 
     and
       (III) providing 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; or
       (2) described in subsection (b)(2) to a degree-granting 
     institution, or a nonprofit municipality, city, township, or 
     community development organization.

     SEC. __05. USES OF FUNDS.

       Funds awarded under section __04(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; 
     or
       (3) hiring staff to coordinate the activities described in 
     paragraph (1) or (2) or for curriculum development.

     SEC. __06. APPLICATIONS.

       (a) In General.--Each entity desiring assistance under this 
     title 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 title 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 title 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 areas, 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. __07. MATCHING FUNDS.

       Each entity receiving Federal assistance under section 
     __04(b)(1) shall contribute matching funds, in an amount 
     equal to the amount of Federal assistance received under this 
     title, toward the costs of the activities assisted under this 
     title. The non-Federal share required under this section may 
     be provided in the form of in-kind contributions.

     SEC. __08. REPORT.

       The Secretary, at the end of the third year for which 
     assistance is provided under this title, shall prepare and 
     submit to Congress a report that--
       (1) describes the most effective or innovative additions to 
     curricula developed under this title;
       (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 the 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 title with 
     incubators with similar missions and ages that are not 
     supported under this title.

     SEC. __09. AUTHORIZATION OF APPROPRIATIONS.

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

  SA 3396. Mr. DAYTON (for himself, Mr. Craig, Mr. Durbin, Mr. Shelby, 
Mr. Kerry, Mr. Helms, Mr. Wellstone, Ms. Collins, Ms. Mikulski, Mr. 
Smith of New Hampshire, Mr. Dorgan, Mr. Allen, Mr. Hollings, Mr. 
Warner, Mr. Levin, Mr. Crapo, Mr. Rockefeller, Mr. Enzi, Mr. Feingold, 
Mr. Specter, Mr. Johnson, Mr. Campbell, Ms. Stabenow, Mr. Sessions, 
Mrs. Clinton, and Mr. Burns) submitted an amendment to be proposed to 
amendment SA 3386 proposed by Mr. Daschle to the bill (H.R. 3009) to 
extend the Andean Trade Preference Act, to grant additional trade 
benefits under that Act, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of section 2103(b), add the following:
       (4) Limitations on trade authorities procedures.--
       (A) In general.--Notwithstanding any other provision of 
     law, the provisions of section 151 of the Trade Act of 1974 
     (trade authorities procedures) shall not apply to any 
     provision in an implementing bill being considered by the 
     Senate that modifies or amends, or requires a modification 
     of, or an amendment to, any law of the United States that 
     provides safeguards from unfair foreign trade practices to 
     United States businesses or workers, including--
       (i) imposition of countervailing and antidumping duties 
     (title VII of the Tariff Act of 1930; 19 U.S.C. 1671 et 
     seq.);
       (ii) protection from unfair methods of competition and 
     unfair acts in the importation of articles (section 337 of 
     the Tariff Act of 1930; 19 U.S.C. 1337);
       (iii) relief from injury caused by import competition 
     (title II of the Trade Act of 1974; 19 U.S.C. 2251 et seq.);

[[Page S4081]]

       (iv) relief from unfair trade practices (title III of the 
     Trade Act of 1974; 19 U.S.C. 2411 et seq.); or
       (v) national security import restrictions (section 232 of 
     the Trade Expansion Act of 1962; 19 U.S.C. 1862).
       (B) Point of order in senate.--
       (i) In general.--When the Senate is considering an 
     implementing bill, upon a point of order being made by any 
     Senator against any part of the implementing bill that 
     contains material in violation of subparagraph (A), and the 
     point of order is sustained by the Presiding Officer, the 
     part of the implementing bill against which the point of 
     order is sustained shall be stricken from the bill.
       (ii) Waivers and appeals.--

       (I) Waivers.--Before the Presiding Officer rules on a point 
     of order described in clause (i), any Senator may move to 
     waive the point of order and the motion to waive shall not be 
     subject to amendment. A point of order described in clause 
     (i) is waived only by the affirmative vote of at least three-
     fifths of the Members of the Senate, duly chosen and sworn.
       (II) Appeals.--After the Presiding Officer rules on a point 
     of order under this subparagraph, any Senator may appeal the 
     ruling of the Presiding Officer on the point of order as it 
     applies to some or all of the provisions on which the 
     Presiding Officer ruled. A ruling of the Presiding Officer on 
     a point of order described in clause (i) is sustained unless 
     at least three-fifths of the Members of the Senate, duly 
     chosen and sworn, vote not to sustain the ruling.
       (III) Debate.--Debate on a motion to waive under subclause 
     (I) or on an appeal of the ruling of the Presiding Officer 
     under subclause (II) shall be limited to 1 hour. The time 
     shall be equally divided between, and controlled by, the 
     majority leader and the minority leader, or their designees.
                                  ____


  SA 3397. Mr. BAYH (for himself, Mr. Durbin, and Mrs. Carnahan) 
submitted an amendment intended to be proposed to amendment SA 3386 
proposed by Mr. Daschle to the bill (H.R. 3009) to extend the Andean 
Trade Preference Act, to grant additional trade benefits under that 
Act, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title III, add the following:

     SEC. 303. COMMUNITY WORKFORCE PARTNERSHIPS.

       (a) Short Title.--This section may be cited as the 
     ``Community Workforce Development and Modernization 
     Partnership Act''.
       (b) General Authority.--Title II of the Trade Act of 1974 
     (19 U.S.C. 2251 et seq.) (as amended by sections 401 and 501) 
     is further amended by inserting after chapter 7 the 
     following:

             ``CHAPTER 8--COMMUNITY WORKFORCE PARTNERSHIPS

     ``SEC. 299K. AUTHORIZATION.

       ``(a) In General.--From amounts made available to carry out 
     this chapter, the Secretary of Labor (referred to in this 
     chapter as the `Secretary'), in consultation with the 
     Secretary of Commerce and the Secretary of Education, shall 
     award grants on a competitive basis to eligible entities 
     described in subsection (b) to assist each entity to--
       ``(1) help workers improve those job skills that are 
     necessary for employment by businesses in the industry with 
     respect to which the entity was established;
       ``(2) help dislocated workers find employment; and
       ``(3) upgrade the operating and competitive capacities of 
     businesses that are members of the entity.
       ``(b) Eligible Entities.--An eligible entity described in 
     this subsection is a consortium (either established prior to 
     the date of enactment of the Community Workforce Development 
     and Modernization Partnership Act or established specifically 
     to carry out programs under this chapter) that--
       ``(1) shall include--
       ``(A) 2 or more businesses (or nonprofit organizations 
     representing businesses) that are facing similar workforce 
     development or business modernization challenges;
       ``(B) labor organizations, if the businesses described in 
     subparagraph (A) employ workers who are covered by collective 
     bargaining agreements; and
       ``(C) 1 or more businesses (or nonprofit organizations that 
     represent businesses) with resources or expertise that can be 
     brought to bear on the workforce development and business 
     modernization challenges referred to in subparagraph (A); and
       ``(2) may include--
       ``(A) State governments and units of local government;
       ``(B) educational institutions;
       ``(C) labor organizations; or
       ``(D) nonprofit organizations.
       ``(c) Common Geographic Region.--To the maximum extent 
     practicable, the organizations that are members of an 
     eligible entity described in subsection (b) shall be located 
     within a single geographic region of the United States.
       ``(d) Priority Consideration.--In awarding grants under 
     subsection (a), the Secretary shall give priority 
     consideration to--
       ``(1) eligible entities that serve dislocated workers or 
     workers who are threatened with becoming totally or partially 
     separated from employment;
       ``(2) eligible entities that include businesses with fewer 
     than 250 employees; or
       ``(3) eligible entities from a geographic region in the 
     United States that has been adversely impacted by the 
     movement of manufacturing operations or businesses to other 
     regions or countries, due to corporate restructuring, 
     technological advances, Federal law, international trade, or 
     another factor, as determined by the Secretary.
       ``(e) Application.--To be eligible to receive a grant under 
     this section, an entity shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require.

     ``SEC. 299L. PARTNERSHIP ACTIVITIES.

       ``(a) Use of Grant Amounts.--Each eligible entity that 
     receives a grant under section 299K shall use the amount made 
     available through the grant to carry out a program that 
     provides--
       ``(1) workforce development activities to improve the job 
     skills of individuals who have, are seeking, or have been 
     dislocated from, employment with a business that is a member 
     of that eligible entity, or with a business that is in the 
     industry of a business that is a member of that eligible 
     entity;
       ``(2) business modernization activities; or
       ``(3) activities that are--
       ``(A) workforce investment activities (including such 
     activities carried out through one-stop delivery systems) 
     carried out under subtitle B of title I of the Workforce 
     Investment Act of 1998 (42 U.S.C. 2811 et seq.); or
       ``(B) activities described in section 25 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278k).
       ``(b) Activities Included.--
       ``(1) Workforce development activities.--The workforce 
     development activities referred to in subsection (a)(1) may 
     include activities that--
       ``(A) develop skill standards and provide training, 
     including--
       ``(i) assessing the training and job skill needs of the 
     industry involved;
       ``(ii) developing a sequence of skill standards that are 
     benchmarked to advanced industry practices;
       ``(iii) developing curricula and training methods;
       ``(iv) purchasing, leasing, or receiving donations of 
     training equipment;
       ``(v) identifying and developing the skills of training 
     providers;
       ``(vi) developing apprenticeship programs; and
       ``(vii) developing training programs for dislocated 
     workers;
       ``(B) assist workers in finding new employment; or
       ``(C) provide supportive services to workers who--
       ``(i) are participating in a program carried out by the 
     entity under this chapter; and
       ``(ii) are unable to obtain the supportive services through 
     another program providing the services.
       ``(2) Business modernization activities.--The business 
     modernization activities referred to in subsection (a)(2) may 
     include activities that upgrade technical or organizational 
     capabilities in conjunction with improving the job skills of 
     workers in a business that is a member of that entity.

     ``SEC. 299M. SEED GRANTS AND OUTREACH ACTIVITIES.

       ``(a) Seed Grants.--The Secretary may provide technical 
     assistance and award financial assistance (not to exceed 
     $150,000 per award) on such terms and conditions as the 
     Secretary determines to be appropriate--
       ``(1) to businesses, nonprofit organizations representing 
     businesses, and labor organizations, for the purpose of 
     establishing an eligible entity; and
       ``(2) to entities described in paragraph (1) and 
     established eligible entities, for the purpose of preparing 
     such application materials as may be required under section 
     299K(e).
       ``(b) Outreach and Promotional Activities.--The Secretary 
     may undertake such outreach and promotional activities as the 
     Secretary determines will best carry out the objectives of 
     this chapter.
       ``(c) Limitations on Expenditures.--The Secretary may not 
     use more than 10 percent of the amount authorized to be 
     appropriated under section 299P to carry out this section.

     ``SEC. 299N. LIMITATIONS ON FUNDING.

       ``(a) Requirement of Matching Funds.--The Secretary may not 
     award a grant under this chapter to an eligible entity unless 
     such entity agrees that the entity will make available non-
     Federal contributions toward the costs of carrying out 
     activities funded by that grant in an amount that is not less 
     than $2 for each $1 of Federal funds made available through 
     the grant.
       ``(b) In-Kind Contributions.--The Secretary--
       ``(1) shall, in awarding grants under this chapter, give 
     priority consideration to those entities whose members offer 
     in-kind contributions; and
       ``(2) may not consider any in-kind contribution in lieu of 
     or as any part of the contributions required under subsection 
     (a).
       ``(c) Senior Management Training and Development.--An 
     eligible entity may not use any amount made available through 
     a grant awarded under this chapter for training and 
     development activities for senior management, unless that 
     entity certifies to the Secretary that expenditures for the 
     activities are--
       ``(1) an integral part of a comprehensive modernization 
     plan; or
       ``(2) dedicated to team building or employee involvement 
     programs.
       ``(d) Performance Measures.--Each eligible entity shall, in 
     carrying out the activities referred to in section 299L, 
     provide for

[[Page S4082]]

     development of, and tracking of performance according to, 
     performance outcome measures.
       ``(e) Administrative Costs.--Each eligible entity may use 
     not more than 20 percent of the amount made available to that 
     entity through a grant awarded under this chapter to pay for 
     administrative costs.
       ``(f) Maximum Amount of Grant.--No eligible entity may 
     receive--
       ``(1) a grant under this chapter in an amount of more than 
     $1,000,000 for any fiscal year; or
       ``(2) grants under this chapter in any amount for more than 
     3 fiscal years.
       ``(g) Support for Existing Operations.--
       ``(1) In general.--In making grants under this chapter, the 
     Secretary may use a portion equal to not more than 50 percent 
     of the funds appropriated to carry out this chapter for a 
     fiscal year, to support the existing training and 
     modernization operations of existing eligible entities.
       ``(2) Entities.--The Secretary may award a grant to an 
     existing eligible entity for existing training and 
     modernization operations only if the entity--
       ``(A) currently offers (as of the date of the award of the 
     grant) a combination of training, modernization, and business 
     assistance services;
       ``(B) targets industries with jobs that traditionally have 
     low wages;
       ``(C) targets industries that are faced with chronic job 
     loss; and
       ``(D) has demonstrated success in accomplishing the 
     objectives of activities described in section 299L.
       ``(3) Application.--Paragraph (1) shall not apply to 
     support for the expansion of training and modernization 
     operations of existing eligible entities.
       ``(4) Definitions.--In this subsection:
       ``(A) Existing training and modernization activity.--The 
     term `existing training and modernization activity' means a 
     training and modernization activity carried out prior to the 
     date of enactment of the Community Workforce Development and 
     Modernization Partnership Act.
       ``(B) Existing eligible entity.--The term `existing 
     eligible entity' means an eligible entity that was 
     established prior to the date of enactment of the Community 
     Workforce Development and Modernization Partnership Act.

     ``SEC. 299O. EVALUATION.

       ``Not later than 3 years after the date of enactment of the 
     Community Workforce Development and Modernization Partnership 
     Act, the Secretary shall prepare and submit to Congress a 
     report on the effectiveness of the activities carried out 
     under this chapter.

     ``SEC. 299P. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     chapter--
       ``(1) $10,000,000 for fiscal year 2003;
       ``(2) $15,000,000 for fiscal year 2004;
       ``(3) $20,000,000 for fiscal year 2005;
       ``(4) $25,000,000 for fiscal year 2006; and
       ``(5) $30,000,000 for fiscal year 2007.''.
       (c) Table of Contents.--The table of contents for the Trade 
     Act of 1974 (19 U.S.C. 2101 et seq.) (as amended in section 
     701(a)) is further amended by inserting after the items 
     relating to chapter 7 of title II the following:

             ``Chapter 8--Community Workforce Partnerships

``Sec. 299K. Authorization.
``Sec. 299L. Partnership activities.
``Sec. 299M. Seed grants and outreach activities.
``Sec. 299N. Limitations on funding.
``Sec. 299O. Evaluation.
``Sec. 299P. Authorization of appropriations.''.



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