[Congressional Record (Bound Edition), Volume 157 (2011), Part 7]
[Senate]
[Pages 9097-9098]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 466. Ms. COLLINS (for herself, Mr. Lautenberg, Mr. Menendez, and 
Ms. Snowe) submitted an amendment intended to be proposed by her to the 
bill S. 782, to amend the Public Works and Economic Development Act of 
1965 to reauthorize that Act, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 10, line 19, before ``and'' insert ``military base 
     closures or realignments,''.
                                 ______
                                 
  SA 467. Ms. AYOTTE (for herself, Ms. Snowe, and Mr. Brown of 
Massachusetts) submitted an amendment intended to be proposed by her to 
the bill S. 782, to amend the Public Works and Economic Development Act 
of 1965 to reauthorize that Act, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 29, after line 20, insert the following:

     SEC. 22. FIDUCIARY EXCLUSION.

       Section 3(21)(A) of the Employee Retirement Income and 
     Security Act of 1974 (29 U.S.C. 1002(21)(A)) is amended by 
     inserting ``and except to the extent a person is providing an 
     appraisal or fairness opinion with respect to qualifying 
     employer securities (as defined in section 407(d)(5)) 
     included in an employee stock ownership plan (as defined in 
     section 407(d)(6)),'' after ``subparagraph (B),''.
                                 ______
                                 
  SA 468. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. REPEAL OF CERTAIN LIMITATIONS ON HEALTH CARE 
                   BENEFITS.

       (a) Repeal of Distributions for Medicine Qualified Only if 
     for Prescribed Drug or Insulin.--Section 9003 of the Patient 
     Protection and Affordable Care Act (Public Law 111-148) and 
     the amendments made by such section are repealed; and the 
     Internal Revenue Code of 1986 shall be applied as if such 
     section, and amendments, had never been enacted.
       (b) Repeal of Limitation on Health Flexible Spending 
     Arrangements Under Cafeteria Plans.--Sections 9005 and 10902 
     of the Patient Protection and Affordable Care Act (Public Law 
     111-148) and section 1403 of the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152) and the 
     amendments made by such sections are repealed.
                                 ______
                                 
  SA 469. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed by him to the bill S. 782, to amend the Public Works and 
Economic Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 7, strike lines 9 through 13 and insert the 
     following:
       ``(ii) reduce the dependence of the United States on 
     foreign oil;
       ``(iii) encourage efficient coordination and leveraging of 
     public and private investments; and
       ``(iv) encourage development of manufacturing capability 
     within the region.''; and
                                 ______
                                 
  SA 470. Mr. BROWN of Ohio (for himself and Mrs. Gillibrand) submitted 
an amendment intended to be proposed by him to the bill S. 782, to 
amend the Public Works and Economic Development Act of 1965 to 
reauthorize that Act, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 12, between lines 11 and 12, insert the following:

     SEC. 10. BUSINESS INCUBATORS.

       (a) In General.--Title II of the Public Works and Economic 
     Development Act of 1965 is amended by inserting after section 
     207 (42 U.S.C. 3147) the following:

     ``SEC. 208. BUSINESS INCUBATORS.

       ``(a) Definition of Business Incubator.--
       ``(1) In general.--In this section, the term `business 
     incubator' means an organization or entity established to 
     foster the start-up of businesses or accelerate the growth of 
     fledgling companies by providing entrepreneurs with resources 
     and services to produce viable businesses that can help 
     create jobs and restore vitality to distressed areas.
       ``(2) Exclusion.--The term `business incubator' does not 
     include an organization or entity that is organized primarily 
     as a for-profit venture.
       ``(b) Development of Plans for Creation or Expansion of 
     Business Incubators.--On receipt of an application from an 
     eligible recipient (as determined by the Secretary in 
     accordance with subsection (d)), the Secretary may provide 
     grants to an eligible recipient for--
       ``(1) the development of feasibility studies and plans for 
     the creation of new, or expansion of existing, business 
     incubators;
       ``(2) the implementation of those studies and plans by 
     supporting the creation of new, or expansion of existing, 
     business incubators and related programmatic and technical 
     assistance, which may include--
       ``(A) making investments in an early-stage business;
       ``(B) providing training, counseling, and other assistance 
     to an early-stage business to support the development of the 
     business;
       ``(C) carrying out due diligence activities to analyze and 
     assess the desirability, value, and potential of an 
     opportunity to provide assistance; or
       ``(D) meeting operational expenses of the business 
     incubator; and
       ``(3) the temporary support of operations of business 
     incubators, to the extent that the Secretary determines that 
     the support is essential to assist a business incubator in 
     becoming self-sustainable.
       ``(c) Limitation on Amount of Grants.--The amount of a 
     grant provided to an eligible recipient under this section 
     may not exceed--
       ``(1) $750,000, if the grant is to be used for feasibility 
     studies and plans; or
       ``(2) $3,000,000, if the grant is to be used for 
     implementation of those studies and plans.
       ``(d) Procedure for Providing Grants.--
       ``(1) Competitive process required.--The Secretary shall 
     provide each grant under this section to an eligible 
     recipient selected pursuant to a competitive process.
       ``(2) Selection criteria.--The Secretary shall publish the 
     criteria to be used in any competition under this paragraph 
     for the selection of eligible recipients of grants under this 
     section, including requirements relating to--
       ``(A) the projected number of jobs required to be created 
     at a new or expanded business incubator for each of the first 
     6 years after the date of receipt of the grant;
       ``(B) the funding to be required to create or expand a 
     business incubator during the first 5 years after the date of 
     receipt of the grant;
       ``(C) the types of businesses and research entities 
     expected in the business incubator and surrounding community;
       ``(D) letters of intent or support by businesses and 
     research entities to establish a location in the business 
     incubator;
       ``(E) the capability to attract a well-trained workforce to 
     the business incubator;
       ``(F) the management of the business incubator; and
       ``(G) such other factors as the Secretary determines to be 
     appropriate.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section such sums as are necessary for 
     fiscal year 2012 and each fiscal year thereafter.
       ``(2) Availability.--Amounts made available pursuant to 
     paragraph (1) shall remain available until expended.''.
       (b) Technical Amendment.--The table of contents of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3121 et seq.) is amended by adding after section 207 the 
     following:

``Sec. 208. Business incubators.''.
                                 ______
                                 
  SA 471. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 782, to amend the Public Works and 
Economic Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 5, after line 24, insert the following:

     SEC. __. GRANTS FOR PUBLIC WORKS, ECONOMIC DEVELOPMENT, AND 
                   ECONOMIC ADJUSTMENT.

       Section 201(b)(1)(B) of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3141(b)(1)(B)) is amended 
     by inserting ``high-technology'' before ``employment''.
       On page 13, strike lines 7 through 13 and insert the 
     following:
     the communities;'';
       (3) in paragraph (4), by striking ``or'' after the 
     semicolon at the end; and
       (4) by striking paragraph (5) and inserting the following:
       ``(5) the loss of information technology, aerospace, 
     manufacturing, natural resource-based, agricultural, or 
     service sector jobs, for reinvesting in and diversifying the 
     economies of the communities; or
       ``(6) termination of a major civilian Federal program with 
     commercial and industrial applications, for help in 
     reinvesting and diversifying the economies of the communities 
     and retaining the workforce necessary for technology-focused 
     jobs.''.

[[Page 9098]]

       On page 19, after the matter following line 2 and before 
     line 3, insert the following:

     SEC. __. ELIGIBILITY OF AREAS.

       Section 301(a) of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3161(a)) is amended by adding at the 
     end the following:
       ``(4) Capital infrastructure and skilled workforce; 
     capacity to use assistance.--The area has--
       ``(A) a well-developed capital infrastructure and a skilled 
     workforce; and
       ``(B) the capacity to effectively use Federal assistance to 
     increase employment in a technology-focused or manufacturing 
     sector.''.
       On page 20, between lines 2 and 3, insert the following:

     SEC. __. ECONOMIC DEVELOPMENT STRATEGIES OF ECONOMIC 
                   DEVELOPMENT DISTRICTS.

       Section 401(a)(3) of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3171(a)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
       (2) by inserting before subparagraph (B) (as redesignated 
     by paragraph (1)) the following:
       ``(A) contains a specific plan to increase employment in 
     manufacturing or a field with commercial, industrial, and 
     military applications;''.

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