Sec. 3003. MANUFACTURING EXTENSION PARTNERSHIP
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## SEC. 3003 MANUFACTURING EXTENSION PARTNERSHIP ###
(a)Clarification of Eligible Contributions in Connection With Regional Centers Responsible for Implementing the Objectives of the Program Paragraph
(3)of section 25(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(c)(3)) is amended to read as follows: > > #### “(3) > > > #####
(A)> > Any nonprofit institution, or group thereof, or consortia of nonprofit institutions, including entities existing on August 23, 1988, may submit to the Secretary an application for financial support under this subsection, in accordance with the procedures established by the Secretary and published in the Federal Register under paragraph (2). > > > ##### “(B) > > In order to receive assistance under this section, an applicant for financial assistance under subparagraph
(A)shall provide adequate assurances that non-Federal assets obtained from the applicant and the applicant’s partnering organizations will be used as a funding source to meet not less than 50 percent of the costs incurred for the first 3 years and an increasing share for each of the last 3 years. For purposes of the preceding sentence, the costs incurred means the costs incurred in connection with the activities undertaken to improve the management, productivity, and technological performance of small- and medium-sized manufacturing companies. > > > ##### “(C) > > In meeting the 50 percent requirement, it is anticipated that a Center will enter into agreements with other entities such as private industry, universities, and State governments to accomplish programmatic objectives and access new and existing resources that will further the impact of the Federal investment made on behalf of small- and medium-sized manufacturing companies. All non-Federal costs, contributed by such entities and determined by a Center as programmatically reasonable and allocable under MEP program procedures are includable as a portion of the Center’s contribution. > > > ##### “(D) > > Each applicant under subparagraph
(A)shall also submit a proposal for the allocation of the legal rights associated with any invention which may result from the proposed Center’s activities.” > . ###
(b)Manufacturing Center Evaluation Paragraph
(5)of section 25(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(c)(5)) is amended by inserting “A Center that has not received a positive evaluation by the evaluation panel shall be notified by the panel of the deficiencies in its performance and shall be placed on probation for one year, after which time the panel shall reevaluate the Center. If the Center has not addressed the deficiencies identified by the panel, or shown a significant improvement in its performance, the Director shall conduct a new competition to select an operator for the Center or may close the Center.” after “at declining levels.”. ###
(c)Federal share Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended by striking subsection
(d)and inserting the following: > > ### “(d) Acceptance of Funds > > > #### “(1) In general > > In addition to such sums as may be appropriated to the Secretary and Director to operate the Centers program, the Secretary and Director also may accept funds from other Federal departments and agencies and under section 2(c)(7) from the private sector for the purpose of strengthening United States manufacturing. > > > #### “(2) Allocation of funds > > > ##### “(A) Funds accepted from other federal departments or agencies > > The Director shall determine whether funds accepted from other Federal departments or agencies shall be counted in the calculation of the Federal share of capital and annual operating and maintenance costs under subsection (c). > > > ##### “(B) Funds accepted from the private sector > > Funds accepted from the private sector under section 2(c)(7), if allocated to a Center, shall not be considered in the calculation of the Federal share under subsection
(c)of this section.” > . ###
(d)MEP Advisory Board Such section 25 is further amended by adding at the end the following: > > ### “(e) MEP Advisory Board > > > #### “(1) Establishment > > There is established within the Institute a Manufacturing Extension Partnership Advisory Board (in this subsection referred to as the ‘MEP Advisory Board’). > > > #### “(2) Membership > > > ##### “(A) In general > > The MEP Advisory Board shall consist of 10 members broadly representative of stakeholders, to be appointed by the Director. At least 2 members shall be employed by or on an advisory board for the Centers, and at least 5 other members shall be from United States small businesses in the manufacturing sector. No member shall be an employee of the Federal Government. > > > ##### “(B) Term > > Except as provided in subparagraph
(C)or (D), the term of office of each member of the MEP Advisory Board shall be 3 years. > > > ##### “(C) Classes > > The original members of the MEP Advisory Board shall be appointed to 3 classes. One class of 3 members shall have an initial term of 1 year, one class of 3 members shall have an initial term of 2 years, and one class of 4 members shall have an initial term of 3 years. > > > ##### “(D) Vacancies > > 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. > > > ##### “(E) Serving consecutive terms > > Any person who has completed two consecutive full terms of service on the MEP Advisory Board shall thereafter be ineligible for appointment during the one-year period following the expiration of the second such term. > > > #### “(3) Meetings > > The MEP Advisory Board shall meet not less than 2 times annually, and provide to the Director— > > > ##### “(A) > > advice on Manufacturing Extension Partnership programs, plans, and policies; > > > ##### “(B) > > assessments of the soundness of Manufacturing Extension Partnership plans and strategies; and > > > ##### “(C) > > assessments of current performance against Manufacturing Extension Partnership program plans. > > > #### “(4) Federal advisory committee act > > In discharging its duties under this subsection, the MEP Advisory Board shall function solely in an advisory capacity, in accordance with the Federal Advisory Committee Act. > > > #### “(5) Report > > The MEP Advisory Board shall transmit an annual report to the Secretary for transmittal to Congress within 30 days after the submission to Congress of the President’s annual budget request in each year. Such report shall address the status of the program established pursuant to this section and comment on the relevant sections of the programmatic planning document and updates thereto transmitted to Congress by the Director under subsections
(c)and
(d)of section 23.” > . ###
(e)Manufacturing Extension Center Competitive Grant Program Such section 25 is further amended by adding at the end the following: > > ### “(f) Competitive Grant Program > > > #### “(1) Establishment > > The Director shall establish, within the Centers program under this section and section 26 of this Act, a program of competitive awards among participants described in paragraph
(2)for the purposes described in paragraph (3). > > > #### “(2) Participants > > Participants receiving awards under this subsection shall be the Centers, or a consortium of such Centers. > > > #### “(3) Purpose > > The purpose of the program under this subsection is to develop projects to solve new or emerging manufacturing problems as determined by the Director, in consultation with the Director of the Centers program, the Manufacturing Extension Partnership Advisory Board, and small and medium-sized manufacturers. One or more themes for the competition may be identified, which may vary from year to year, depending on the needs of manufacturers and the success of previous competitions. These themes shall be related to projects associated with manufacturing extension activities, including supply chain integration and quality management, and including the transfer of technology based on the technological needs of manufacturers and available technologies from institutions of higher education, laboratories, and other technology producing entities, or extend beyond these traditional areas. > > > #### “(4) Applications > > Applications for awards under this subsection shall be submitted in such manner, at such time, and containing such information as the Director shall require, in consultation with the Manufacturing Extension Partnership Advisory Board. > > > #### “(5) Selection > > Awards under this subsection shall be peer reviewed and competitively awarded. The Director shall select proposals to receive awards— > > > ##### “(A) > > that utilize innovative or collaborative approaches to solving the problem described in the competition; > > > ##### “(B) > > that will improve the competitiveness of industries in the region in which the Center or Centers are located; and > > > ##### “(C) > > that will contribute to the long-term economic stability of that region. > > > #### “(6) Program Contribution > > Recipients of awards under this subsection shall not be required to provide a matching contribution.” > .
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Sec. 3003
MANUFACTURING EXTENSION PARTNERSHIP
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