I 
111TH CONGRESS 
2D SESSION 
H. R. 5089 
To amend the Public Works and Economic Development Act of 1965 to 
modify the period used to calculate certain unemployment rates, to en-
courage the development of business incubators, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 21, 2010 
Mr. RYAN of Ohio (for himself, Mr. BOUCHER, and Ms. SUTTON) introduced 
the following bill; which was referred to the Committee on Transportation 
and Infrastructure, and in addition to the Committee on Financial Serv-
ices, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To amend the Public Works and Economic Development 
Act of 1965 to modify the period used to calculate cer-
tain unemployment rates, to encourage the development 
of business incubators, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Business Incubator 
Promotion Act’’. 
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SEC. 2. DEVELOPMENT OF BUSINESS INCUBATORS. 
Section 2(b) of the Public Works and Economic De-
velopment Act of 1965 (42 U.S.C. 3121(b)) is amended 
by striking paragraph (3) and inserting the following: 
‘‘(3) whether suffering from long-term distress 
or a sudden economic dislocation, distressed commu-
nities should be encouraged to support the formation 
of business incubators to promote innovation and en-
trepreneurship in economically distressed areas and 
to take other actions to support entrepreneurship, so 
as to help regions to create higher-skill, higher-wage 
jobs and foster the participation of those regions in 
the global marketplace; and’’. 
SEC. 3. DEFINITIONS. 
Section 3 of the Public Works and Economic Devel-
opment Act of 1965 (42 U.S.C. 3122) is amended— 
(1) by redesignating paragraphs (1) through 
(12) as paragraphs (2) through (13), respectively; 
and 
(2) by inserting before paragraph (2) (as redes-
ignated by paragraph (1)) the following: 
‘‘(1) BUSINESS INCUBATOR.— 
‘‘(A) IN GENERAL.—The term ‘business in-
cubator’ means an organization or entity estab-
lished to foster the start-up of businesses or ac-
celerate the growth of fledgling companies by 
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providing entrepreneurs with resources and 
services to produce viable businesses that can 
help create jobs and restore vitality to dis-
tressed areas. 
‘‘(B) EXCLUSION.—The term ‘business in-
cubator’ does not include an organization or en-
tity that is organized primarily as a for-profit 
venture.’’. 
SEC. 4. UNEMPLOYMENT RATE. 
Section 301(a)(2) of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3161(a)(2)) is 
amended by striking ‘‘24-month period’’ and inserting 
‘‘12-month period’’. 
SEC. 5. INCREASE IN FEDERAL SHARE; SPECIAL NEED 
AREAS. 
Section 204(c) of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3144(c)) is amend-
ed— 
(1) by redesignating paragraphs (1) through 
(3) as paragraphs (2) through (4), respectively; 
(2) by inserting before paragraph (2) (as redes-
ignated by paragraph (1)) the following: 
‘‘(1) RELATIVE NEEDS OF AN AREA.— 
‘‘(A) 175-PERCENT
HIGHER
UNEMPLOY-
MENT RATE.—In the case of a grant made in 
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