Hollings Manufacturing Extension Partnership

In this section: The term “appropriate committees of Congress” means— The term “area career and technical education school” has the meaning given the term in section 2302 of title 20. The term “Center” means a manufacturing extension center that— The term “community college” means an institution of higher education (as defined under section 1001(a) of title 20) at which the highest degree that is predominately awarded to students is an associate’s degree. The term “eligible entity” means a United States-based nonprofit institution, an institution of higher education, or a State, United States territory, local, or tribal government or a consortium thereof. The term “historically Black college and university” has the meaning given the term “part B institution” in section 1061 of title 20. The term “institution of higher education” has the meaning given such term in section 1001 of title 20. The term “Hollings Manufacturing Extension Partnership” or “Program” means the program established under subsection (b). The term “MEP Advisory Board” means the Manufacturing Extension Partnership Advisory Board established under subsection (n).22 So in original. Probably should refer to subsec. (m). The term “minority-serving institution” means a Hispanic-serving institution as defined in section 1101a(a) of title 20; an Alaska Native-serving institution or Native Hawaiian-serving institution as defined in section 1059d(b) of title 20; or a Predominantly Black institution, Asian American and Native American Pacific Islander-serving institution, or Native American-serving nontribal institution as defined in section 1067q(c) of title 20. The term “secondary school” has the meaning given such term in section 7801 of title 20. The term “Tribal College or University” has the meaning given the term “Tribal College or University” in section 1059c of title 20. The Secretary, acting through the Director and, if appropriate, through other Federal officials, shall establish a program to provide assistance for the creation and support of manufacturing extension centers for the transfer of manufacturing technology and best business practices. The objective of the Program shall be to enhance competitiveness, productivity, and technological performance in United States manufacturing through— The activities of a Center shall include— Except as provided in paragraph (2), the Secretary may provide financial assistance for the creation and support of a Center through a cooperative agreement with an eligible entity. The Secretary may not provide more than 50 percent of the capital and annual operating and maintenance funds required to establish and support a Center. For purposes of paragraph (2), any amount received by an eligible entity for a Center under a provision of law other than paragraph (1) shall not be considered an amount provided under paragraph (1). The Secretary may revise or promulgate such regulations as necessary to carry out this subsection. An eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall establish and update, as necessary— To be considered for financial assistance under this section, an applicant shall provide adequate assurances that the applicant and if applicable, the applicant’s partnering organizations, will obtain funding for not less than 50 percent of the capital and annual operating and maintenance funds required to establish and support the Center from sources other than the financial assistance provided under subsection (e). In meeting the cost-sharing requirement under subparagraph (A), an eligible entity may enter into an agreement with 1 or more other entities, such as a private industry, institutions of higher education, or a State, United States territory, local, or tribal government for the contribution by that other entity of funding if the Secretary determines the agreement— Each applicant shall include in the application a proposal for the allocation of the legal rights associated with any intellectual property which may result from the activities of the Center. The Secretary shall subject each application to merit review. In making a decision whether to approve an application and provide financial assistance under subsection (e), the Secretary shall consider, at a minimum— The Secretary shall ensure that each Center is evaluated during its third and eighth years of operation by an evaluation panel appointed by the Secretary. The Secretary shall ensure that each evaluation panel appointed under subparagraph (A) is composed of— For each evaluation panel appointed under subparagraph (B), the Secretary shall appoint a chairperson who is an official of the Institute. In the fifth year of operation of a Center, the Secretary shall conduct a review of the Center. In evaluating a Center an evaluation panel or the Secretary, as applicable, shall measure the performance of the Center against— If an evaluation of a Center is positive, the Secretary may continue to provide financial assistance for the Center— If an evaluation of a Center is other than positive, the Secretary shall put the Center on probation during the period beginning on the date that the Center receives notice under subparagraph (B)(i) and ending on the date that the reevaluation is complete under subparagraph (B)(iii). If a Center receives an evaluation that is other than positive, the evaluation panel or Secretary, as applicable, shall— The Secretary may continue to provide financial assistance under subsection (e) for a Center during the probation period. After the period of probation, the Secretary shall not provide any financial assistance unless the Center has received a positive evaluation under subparagraph (B)(iii). If a Center fails to remedy a deficiency or to show significant improvement in performance before the end of the probation period under paragraph (5), the Secretary shall conduct a competition to select an operator for the Center under subsection (h). Upon the selection of an operator for a Center under subsection (h), the Center shall be considered a new Center and the calculation of the years of operation of that Center for purposes of paragraphs (1) through (5) of this subsection and subsection (h)(1) shall start anew. If an eligible entity has operated a Center under this section for a period of 10 consecutive years, the Secretary shall conduct a competition to select an eligible entity to operate the Center in accordance with the process plan under subsection (i). An eligible entity that has received financial assistance under this section for a period of 10 consecutive years and that the Secretary determines is in good standing shall be eligible to compete in the competition under paragraph (1). Upon the selection of an operator for a Center under paragraph (1), the Center shall be considered a new Center and the calculation of the years of operation of that Center for purposes of paragraphs (1) through (5) of subsection (g) shall start anew. Not later than 180 days after January 6, 2017, the Secretary shall implement and submit to Congress a plan for how the Institute will conduct an evaluation, competition, and reapplication competition under this section. The following information, if obtained by the Federal Government in connection with an activity of a Center or the Program, shall be exempt from public disclosure under section 552 of title 5: As a condition on receipt of financial assistance for a Center under subsection (e), an eligible entity shall establish a board to oversee the operations of the Center. The Director shall establish appropriate standards for each board described under paragraph (1). In establishing the standards, the Director shall take into account the type and organizational structure of an eligible entity. The standards shall address— Each board established under paragraph (1) shall be composed of members as follows: A member of a board established under paragraph (1) may not serve on more than 1 board established under that paragraph. Each board established under paragraph (1) shall adopt and submit to the Director bylaws to govern the operation of the board. Bylaws adopted under subparagraph (A) shall include policies to minimize conflicts of interest, including such policies relating to disclosure of relationships and recusal as may be necessary to minimize conflicts of interest. To the extent provided in advance in appropriations Acts, other Federal departments and agencies may transfer amounts to the Institute, and the Secretary and Director may accept and make available cash donations from the private sector pursuant to section 272(c)(7) of this title, to be used for strengthening United States manufacturing under this section. Funds accepted from other Federal departments and agencies and from the private sector under paragraph (1) shall be awarded competitively by the Secretary and Director to Centers, provided that the Secretary and Director may make noncompetitive 3 awards, pursuant to this section or section 278k–1 of this title, or as a non-competitive 3 contract, as appropriate, if the Secretary and Director determine that— There is established within the Institute a Manufacturing Extension Partnership Advisory Board. The MEP Advisory Board shall consist of not fewer than 10 members appointed by the Director and broadly representative of stakeholders. Of the members appointed under clause (i)— No member of the MEP Advisory Board shall be an employee of the Federal Government. Except as provided in subparagraph (C), the term of office of each member of the MEP Advisory Board shall be 3 years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Any person who has completed 2 consecutive full terms of service on the MEP Advisory Board shall thereafter be ineligible for appointment during the 1-year period following the expiration of the second such term. The MEP Advisory Board shall— provide to the Director— In discharging its duties under this subsection, the MEP Advisory Board shall function solely in an advisory capacity, in accordance with chapter 10 of title 5. Section 1013 of title 5 shall not apply to the MEP Advisory Board. At a minimum, the MEP Advisory Board shall transmit an annual report to the Secretary for transmittal to Congress not later than 30 days after the submission to Congress of the President’s annual budget under section 1105 of title 31. The report shall address the status of the Program and describe the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections (c) and (d) of section 278i 44 See References in Text note below. of this title. As part of the Program, the Director shall— As part of the Program, the Secretary shall develop open access resources that address best practices related to inventory sourcing, supply chain management, manufacturing techniques, available Federal resources, and other topics to further the competitiveness and profitability of small manufacturers.