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U.S. Code as of:
01/19/04
Section 278k. Regional Centers for the Transfer of Manufacturing Technology
(a) Creation and support of Centers; affiliations; merit review in
determining awards; objectives
The Secretary, through the Director and, if appropriate, through
other officials, shall provide assistance for the creation and
support of Regional Centers for the Transfer of Manufacturing
Technology (hereafter in this chapter referred to as the
"Centers"). Such centers (!1) shall be affiliated with any United
States-based nonprofit institution or organization, or group
thereof, that applies for and is awarded financial assistance under
this section in accordance with the description published by the
Secretary in the Federal Register under subsection (c)(2) of this
section. Individual awards shall be decided on the basis of merit
review. The objective of the Centers is to enhance 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,
universities, 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
industrial firms, including small- and medium-sized manufacturing
companies; and
(5) the utilization, when appropriate, of the expertise and
capability that exists in Federal laboratories other than the
Institute.
(b) Activities of Centers
The activities of the Centers shall include -
(1) the establishment of automated manufacturing systems and
other advanced production technologies, based on research by the
Institute, 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 companies and
enterprises, particularly small- and medium-sized manufacturers;
and
(3) loans, on a selective, short-term basis, of items of
advanced manufacturing equipment to small manufacturing firms
with less than 100 employees.
(c) Duration and amount of support; program descriptions;
applications; merit review; evaluations of assistance;
applicability of patent law
(1) The Secretary may provide financial support to any Center
created under subsection (a) of this section for a period not to
exceed six years. The Secretary may not provide to a Center more
than 50 percent of the capital and annual operating and maintenance
funds required to create and maintain such Center.
(2) The Secretary shall publish in the Federal Register, within
90 days after August 23, 1988, a draft description of a program for
establishing Centers, including -
(A) a description of the program;
(B) procedures to be followed by applicants;
(C) criteria for determining qualified applicants;
(D) criteria, including those listed under paragraph (4), for
choosing recipients of financial assistance under this section
from among the qualified applicants; and
(E) maximum support levels expected to be available to Centers
under the program in the fourth through sixth years of assistance
under this section.
The Secretary shall publish a final description under this
paragraph after the expiration of a 30-day comment period.
(3) 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). In order to receive assistance under this
section, an applicant shall provide adequate assurances that it
will contribute 50 percent or more of the proposed Center's capital
and annual operating and maintenance costs for the first three
years and an increasing share for each of the last three years.
Each applicant 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.
(4) The Secretary shall subject each such application to merit
review. In making a decision whether to approve such application
and provide financial support under this subsection, the Secretary
shall consider at a minimum (A) 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, (B) the
quality of service to be provided, (C) geographical diversity and
extent of service area, and (D) the percentage of funding and
amount of in-kind commitment from other sources.
(5) Each Center which receives financial assistance under this
section shall be evaluated during its third year of operation by an
evaluation panel appointed by the Secretary. Each such evaluation
panel shall be composed of private experts, none of whom shall be
connected with the involved Center, and Federal officials. An
official of the Institute shall chair the panel. Each evaluation
panel shall measure the involved Center's performance against the
objectives specified in this section. The Secretary shall not
provide funding for the fourth through the sixth years of such
Center's operation unless the evaluation is positive. If the
evaluation is positive, the Secretary may provide continued funding
through the sixth year at declining levels. After the sixth year, a
Center may receive additional financial support under this section
if it has received a positive evaluation through an independent
review, under procedures established by the Institute. Such an
independent review shall be required at least every two years after
the sixth year of operation. Funding received for a fiscal year
under this section after the sixth year of operation shall not
exceed one third of the capital and annual operating and
maintenance costs of the Center under the program.
(6) The provisions of chapter 18 of title 35 shall (to the extent
not inconsistent with this section) apply to the promotion of
technology from research by Centers under this section except for
contracts for such specific technology extension or transfer
services as may be specified by statute or by the Director.
(d) Acceptance of funds from other Federal departments and agencies
In addition to such sums as may be authorized and 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 for the purpose of providing Federal funds
to support Centers. Any Center which is supported with funds which
originally came from other Federal departments and agencies shall
be selected and operated according to the provisions of this
section.
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