[Congressional Record Volume 148, Number 60 (Monday, May 13, 2002)]
[Senate]
[Pages S4287-S4289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3402. Mr. NELSON of Nebraska (for himself and Mr. Graham) 
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 end of section 3(a), insert the following new 
     paragraph:
       (8) Products subject to antidumping and countervailing duty 
     orders.--Paragraph (1)(A) shall not apply to a product that 
     is the subject of an antidumping or countervailing duty order 
     at the time of the agreement referred to in paragraph (1), 
     unless the agreement provides that as a term, condition, or 
     qualification of the tariff concession, the tariff reduction 
     will not be implemented before the date that is 1 year after 
     the date of the termination or revocation of such antidumping 
     or countervailing duty order with respect to all exporters of 
     such product.

       At the end of section 3(b), insert the following new 
     paragraph:
       (4) Products subject to antidumping and countervailing duty 
     orders.--Paragraph (1) shall not apply to a product that is 
     the subject of an antidumping or countervailing duty order at 
     the time of the agreement referred to in paragraph (1), 
     unless the agreement provides that as a term, condition, or

[[Page S4288]]

     qualification of the tariff concession, the tariff reduction 
     will not be implemented before the date that is 1 year after 
     the date of termination or revocation of such antidumping or 
     countervailing duty order with respect to all exporters of 
     such product.
                                  ____

  SA 3403. Mr. KENNEDY (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed to amendment SA 3401 proposed by Mr. 
Baucus (for himself and Mr. Grassley) 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:

       Section 2102(b)(4) is amended by adding at the end the 
     following new subparagraph;
       (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 3404. Mr. KENNEDY (for himself and Mrs. DeWine) submitted an 
amendment intended to be proposed to amendment SA 3401 proposed by Mr. 
Baucus (for himself and Mr. Grassley) 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 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

[[Page S4289]]

     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 3405. Mr. BAUCUS (for himself, Mr. Grassley, and Mr. Wyden) 
proposed an amendment to amendment SA 3401 proposed by Mr. Baucus (for 
himself and Mr. Grassley) 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; as follows:

       On page 229, line 23, strike all through ``United States,'' 
     on line 25, and insert the following: ``foreign investors in 
     the United States are not accorded greater rights than United 
     States investors in the United States,''.
                                  ____

  SA 3406. Mr. ALLEN (for himself, Mr. Edwards, and Mr. Warren) 
submitted an amendment intended to be proposed to amendment SA 3401 
proposed by Mr. Baucus (for himself and Mr. Grassley) 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 location, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Homestead Preservation 
     Act''.

     SEC. 2. MORTGAGE PAYMENT ASSISTANCE PILOT PROGRAM--

       (a) Establishment of Pilot Program.--The Secretary of Labor 
     (referred to in this section as the ``Secretary'') shall 
     establish a pilot program under which the Secretary shall 
     award low-interest loans to eligible individuals to enable 
     such individuals to continue to make mortgage payments with 
     respect to the primary residences of such individuals.
       (b) Eligibility.--To be eligible to receive a loan under 
     the program established under subsection (a), an individual 
     shall--
       (1) be an individual who--
       (A) is determined by the Secretary to be a member of a 
     group of workers described in section 250(a)(1) of the Trade 
     Act of 1974 (19 U.S.C. 2331);
       (B) is an adversely affected worker with respect to whom a 
     certification of eligibility has been issued by the Secretary 
     of Labor under chapter 2 of title II of such Act (19 U.S.C. 
     2271 et seq.); and
       (C) is receiving adjustment assistance under such chapter;
       (2) be a borrower under a loan which requires the 
     individual to make monthly mortgage payments with respect to 
     the primary place of residence of the individual; and
       (3) be enrolled in a job training or job assistance 
     program.
       (c) Loan Requirements.--
       (1) In general.--A loan provided to an eligible individual 
     under this section shall--
       (A) be for a period of not to exceed 12 months;
       (B) be for an amount that does not exceed the sum of--
       (i) the amount of the monthly mortgage payment owed by the 
     individual; and
       (ii) the number of months for which the loan is provided;
       (C) have an applicable rate of interest that equals 4 
     percent;
       (D) require repayment as provided for in subsection (d); 
     and
       (E) be subject to such other terms and conditions as the 
     Secretary determines appropriate.
       (2) Account.--A loan awarded to an individual under this 
     section shall be deposited into an account from which a 
     monthly mortgage payment will be made in accordance with the 
     terms and conditions of such loan.
       (d) Repayment.--
       (1) In general.--An individual to which a loan has been 
     awarded under this section shall be required to begin making 
     repayments on the loan on the earlier of--
       (A) the date on which the individual has been employed on a 
     full-time basis for 6 consecutive months; or
       (B) the date that is 1 year after the date on which the 
     loan has been approved under this section.
       (2) Repayment period and amount.--
       (A) Repayment period.--A loan awarded under this section 
     shall be repaid on a monthly basis over the 5-year period 
     beginning on the date determined under paragraph (1).
       (B) Amount.--The amount of the monthly payment described in 
     subparagraph (A) shall be determined by dividing the total 
     amount provided under the loan (plus interest) by 60.
       (C) Rule of construction.--Nothing in this paragraph shall 
     be construed to prohibit an individual from--
       (1) paying off a loan awarded under this section in less 
     than 5 years; or
       (ii) from paying a monthly amount under such loan in excess 
     of the monthly amount determined under subparagraph (B) with 
     respect to the loan.
       (e) Regulations.--Not later than 6 weeks after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations necessary to carry out this section, including 
     regulations that permit an individual to certify that the 
     individual is an eligible individual under subsection (b).
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $10,000,000 for 
     each of fiscal years 2003 through 2007.
       (g) Termination.--The program established under this 
     section shall terminate on the date that is 5 years after the 
     date of enactment of this Act.
                                  ____

  SA 3407. Mr. GREGG submitted an amendment intended to be proposed to 
amendment SA 3401 proposed by Mr. Baucus (for himself and Mr. Grassley) 
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

       On page 275, strike line 17 and all that follows through 
     line 22, and insert the following:
       (2) Conditions.--A trade agreement may be entered into 
     under this subsection only if such agreement--
       (A) makes progress in meeting the applicable objectives 
     described in section 2102 (a) and (b) and the President 
     satisfies the conditions set forth in section 2104; and
       (B) does not infringe upon the right to bear arms protected 
     by the second amendment to the Constitution of the United 
     States.

                          ____________________