15 USC 278 - Hollings Manufacturing Extension Partnership

View all text of Chapter 7 [§ 271 - § 286]

§ 278k. Hollings Manufacturing Extension Partnership

(a) DefinitionsIn this section:

(1) Appropriate committees of congressThe term “appropriate committees of Congress” means—

(A) the Committee on Commerce, Science, and Transportation of the Senate; and

(B) the Committee on Science, Space, and Technology of the House of Representatives.

(2) Area career and technical education school

(3) CenterThe term “Center” means a manufacturing extension center that—

(A) is created under subsection (b); and

(B) is affiliated with an eligible entity that applies for and is awarded financial support under subsection (e).

(4) Community college

(5) Eligible entity

(6) Historically Black college and university

(7)1

1 So in original. Two pars. (7) have been enacted.

Institution of higher education

(7)1 Hollings Manufacturing Extension Partnership or Program

(8) MEP Advisory Board

(9) Minority-serving institution

(10) Secondary school

(11) Tribal College or University

(b) Establishment and purpose

(c) ObjectiveThe objective of the Program shall be to enhance competitiveness, productivity, and technological performance in United States manufacturing through—

(1) the transfer of manufacturing technology and techniques developed at the Institute to Centers and, through them, to manufacturing companies throughout the United States;

(2) the participation of individuals from industry, institutions of higher education, State governments, other Federal agencies, and, when appropriate, the Institute in cooperative technology transfer activities;

(3) efforts to make new manufacturing technology and processes usable by United States-based small and medium-sized companies;

(4) the active dissemination of scientific, engineering, technical, and management information about manufacturing to United States-based industrial firms, including small and medium-sized manufacturing companies;

(5) the utilization, when appropriate, of the expertise and capability that exists in Federal agencies, other than the Institute, and federally-sponsored laboratories;

(6) the provision to secondary schools, community colleges, and area career and technical education schools, including those in underserved and rural communities, of information about the job skills needed in manufacturing companies, including small and medium-sized manufacturing businesses in the regions they serve;

(7) the promotion and expansion of certification systems offered through industry, associations, local secondary schools and local colleges, including historically Black colleges and universities, Tribal Colleges or Universities, minority-serving institutions, community colleges, and secondary schools and colleges in underserved and rural communities, when appropriate, including efforts such as facilitating training, supporting new or existing apprenticeships or other applied learning opportunities, and providing access to information and experts, to address workforce needs and skills gaps in order to assist small- and medium-sized manufacturing businesses; and

(8) the growth in employment and wages at United States-based small and medium-sized companies.

(d) ActivitiesThe activities of a Center shall include—

(1) the establishment of automated manufacturing systems and other advanced production technologies, at United States-based industrial facilities, including small and medium manufacturing companies based on Institute-supported research, for the purpose of demonstrations and technology transfer;

(2) the active transfer and dissemination of research findings and Center expertise to a wide range of United States-based companies and enterprises, particularly small and medium-sized manufacturers; and

(3) the facilitation of collaborations and partnerships between United States-based small and medium-sized manufacturing companies and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities, to help those entities better understand the specific needs of manufacturers and to help manufacturers better understand the skill sets that students learn in the programs offered by such colleges and schools.

(e) Financial assistance

(1) Authorization

(2) Cost sharing

(3) Rule of construction

(4) Regulations

(f) Applications

(1) In general

(2) Program descriptionThe Secretary shall establish and update, as necessary—

(A) a description of the Program;

(B) the application procedures;

(D) criteria for determining qualified applicants; and 3

3 So in original.

(E) criteria for choosing recipients of financial assistance from among the qualified applicants.3

(F) procedures for determining allowable cost share contributions; and

(G) such other program policy objectives and operational procedures as the Secretary considers necessary.

(3) Cost sharing

(A) In general

(B) Agreements with other entitiesIn 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—

(i) is programmatically reasonable;

(ii) will help accomplish programmatic objectives; and

(iii) is allocable under Program procedures under subsection (f)(2).

(4) Legal rights

(5) Merit review of applications

(A) In general

(B) ConsiderationsIn making a decision whether to approve an application and provide financial assistance under subsection (e), the Secretary shall consider, at a minimum—

(i) the merits of the application, particularly those portions of the application regarding technology transfer, training and education, and adaptation of manufacturing technologies to the needs of particular industrial sectors in the United States;

(ii) the quality of service to be provided;

(iii) the geographical diversity and extent of the service area; and

(iv) the type and percentage of funding and in-kind commitment from other sources under paragraph (3).

(g) Evaluations

(1) Third and eighth year evaluations by panel

(A) In general

(B) CompositionThe Secretary shall ensure that each evaluation panel appointed under subparagraph (A) is composed of—

(i) private experts, none of whom are connected with the Center evaluated by the panel; and

(ii) Federal officials.

(2) Fifth year evaluations by Secretary

(3) Performance measurementIn evaluating a Center an evaluation panel or the Secretary, as applicable, shall measure the performance of the Center against—

(A) the objective specified in subsection (c);

(B) the performance metrics under subsection (f)(2)(C); and

(4) Positive evaluationsIf an evaluation of a Center is positive, the Secretary may continue to provide financial assistance for the Center—

(A) in the case of an evaluation occurring in the third year of a Center, through the fifth year of the Center;

(B) in the case of an evaluation occurring in the fifth year of a Center, through the eighth year of the Center; and

(5) Other than positive evaluations

(A) Probation

(B) Notice and reevaluationIf a Center receives an evaluation that is other than positive, the evaluation panel or Secretary, as applicable, shall—

(i) notify the Center of the reason, including any deficiencies in the performance of the Center identified during the evaluation;

(ii) assist the Center in remedying the deficiencies by providing the Center, not less frequently than once every 3 months, an analysis of the Center, if considered appropriate by the panel or Secretary, as applicable; and

(iii) reevaluate the Center not later than 1 year after the date of the notice under clause (i).

(i) In general

(ii) Post probation

(6) Failure to remedy

(A) In general

(B) Treatment of Centers subject to new competition

(h) Reapplication competition for financial assistance after 10 years

(1) In general

(2) Incumbent eligible entities

(3) Treatment of Centers subject to reapplication competition

(i) Process plan

(j) Operational requirements

(1) Protection of confidential information of Center clientsThe 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:

(A) Information on the business operation of any participant in the Program or of a client of a Center.

(B) Trade secrets of any client of a Center.

(k) Oversight boards

(1) In general

(2) Standards

(A) In general

(B) Considerations

(i) membership;

(ii) composition;

(iii) term limits;

(iv) conflicts of interest; and

(v) such other requirements as the Director considers necessary.

(3) Membership

(A) In generalEach board established under paragraph (1) shall be composed of members as follows:

(i) The membership of each board shall be representative of stakeholders in the region in which the Center is located.

(ii) A majority of the members of the board shall be selected from among individuals who own or are employed by small or medium-sized manufacturers.

(B) Limitation

(4) Bylaws

(A) In general

(B) Conflicts of interest

(l) Acceptance of funds

(1) In general

(2) Competitive awardsFunds 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—

(A) the manufacturing market or sector targeted is limited geographically or in scope;

(B) the number of States (or territory, in the case of Puerto Rico) with Centers serving manufacturers of such market or sector is five or fewer; and

(C) such Center has or Centers have received a positive evaluation in the most recent evaluation conducted pursuant to subsection (g).

(m) MEP Advisory Board

(1) Establishment

(2) Membership

(A) Composition

(i) In general

(ii) RequirementsOf the members appointed under clause (i)—(I) at least 2 members shall be employed by or on an advisory board for a Center;(II) at least 5 members shall be from United States small businesses in the manufacturing sector; and(III) at least 1 member shall represent a community college.

(iii) Limitation

(B) Term

(D) Serving consecutive terms

(3) MeetingsThe MEP Advisory Board shall—

(A) meet not less than biannually; and

(B) provide to the Director—

(i) advice on the activities, plans, and policies of the Program;

(ii) assessments of the soundness of the plans and strategies of the Program; and

(iii) assessments of current performance against the plans of the Program.

(4) Applicability of chapter 10 of title 5

(A) In general

(B) Exception

(5) Annual report

(A) In general

(B) Contents

(n) Small manufacturers

(1) Evaluation of obstaclesAs part of the Program, the Director shall—

(A) identify obstacles that prevent United States-based small manufacturers from effectively competing in the global market;

(B) implement a comprehensive plan to train the Centers to address the obstacles identified in paragraph (2); and

(C) facilitate improved communication between the Centers to assist such manufacturers in implementing appropriate, targeted solutions to the obstacles identified in paragraph (2).

(2) Development of open access resources

(Mar. 3, 1901, ch. 872, § 25, as added Pub. L. 100–418, title V, § 5121(a), Aug. 23, 1988, 102 Stat. 1433; amended Pub. L. 102–245, title I, § 105(e), Feb. 14, 1992, 106 Stat. 12; Pub. L. 105–309, § 2, Oct. 30, 1998, 112 Stat. 2935; Pub. L. 110–69, title III, § 3003, Aug. 9, 2007, 121 Stat. 587; Pub. L. 111–240, title IV, § 4226(a), Sept. 27, 2010, 124 Stat. 2598; Pub. L. 111–358, title IV, § 404(a)–(f)(1), (3), (h), (i), title VII, § 703, Jan. 4, 2011, 124 Stat. 4001–4003, 4042; Pub. L. 114–329, title V, § 501(b), Jan. 6, 2017, 130 Stat. 3023; Pub. L. 117–167, div. B, title II, §§ 10252(a), (b), (d), 10255, Aug. 9, 2022, 136 Stat. 1499, 1503; Pub. L. 117–286, § 4(a)(65), Dec. 27, 2022, 136 Stat. 4312.)