[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2779 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2779

 To reauthorize the Hollings Manufacturing Extension Partnership, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 12, 2016

  Mr. Coons (for himself, Ms. Ayotte, and Mr. Peters) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Hollings Manufacturing Extension Partnership, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manufacturing Extension Partnership 
Improvement Act of 2016''.

SEC. 2. REAUTHORIZATION OF HOLLINGS MANUFACTURING EXTENSION 
              PARTNERSHIP.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce to carry out the Hollings 
Manufacturing Extension Partnership under sections 25 and 26 of the 
National Institute of Standards and Technology Act (15 U.S.C. 278k and 
278l) $260,000,000 for each of fiscal years 2017 through 2020.
    (b) Improvements.--Section 25 of the National Institute of 
Standards and Technology Act (15 U.S.C. 278k) is amended to read as 
follows:

``SEC. 25. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP.

    ``(a) Establishment and Purpose.--
            ``(1) Establishment.--
                    ``(A) In general.--The Secretary, through the 
                Director and, if appropriate, through other officials, 
                shall establish a program for the provision of 
                assistance for the creation and support of 
                manufacturing extension centers for the transfer of 
                manufacturing technology and best business practices.
                    ``(B) Designation of program.--The program 
                established under subparagraph (A) shall be known as 
                the `Hollings Manufacturing Extension Partnership' (in 
                this section referred to as the `Program').
                    ``(C) Designation of centers.--The centers provided 
                for under subparagraph (A) shall be known as the 
                `Hollings Manufacturing Extension Centers' (in this Act 
                referred to as the `Centers').
            ``(2) Affiliations.--Each Center created under the Program 
        shall be affiliated with a United States-based nonprofit 
        institution, consortium thereof, institution of higher 
        education, or State or local government that applies for and is 
        awarded financial support under subsection (c)(1)(A).
            ``(3) Objective.--The objective of the Program shall be to 
        enhance competitiveness, productivity, and technological 
        performance in United States manufacturing through--
                    ``(A) the transfer of manufacturing technology and 
                techniques developed at the Institute to Centers and, 
                through them, to manufacturing companies throughout the 
                United States;
                    ``(B) 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;
                    ``(C) efforts to make new manufacturing technology 
                and processes usable by United States-based small and 
                medium-sized companies;
                    ``(D) the active dissemination of scientific, 
                engineering, technical, and management information 
                about manufacturing to industrial firms, including 
                small and medium-sized manufacturing companies;
                    ``(E) the utilization, when appropriate, of the 
                expertise and capability that exists in Federal 
                agencies, other than the Institute, and Federally 
                sponsored laboratories;
                    ``(F) the provision to community colleges and area 
                career and technical education schools of information 
                about the job skills needed in small and medium-sized 
                manufacturing businesses in the regions they serve; and
                    ``(G) promoting and expanding certification systems 
                offered through industry, associations, and local 
                colleges, when appropriate.
    ``(b) Activities.--The activities of a Center shall include the 
following:
            ``(1) The establishment of automated manufacturing systems 
        and other advanced production technologies, 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 companies and 
        enterprises, particularly small and medium-sized manufacturers.
            ``(3) The facilitation of collaborations and partnerships 
        between small and medium-sized manufacturing companies and 
        community colleges and area career and technical education 
        schools to help such colleges and schools 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.
    ``(c) Financial Assistance.--
            ``(1) Authorization.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and as otherwise provided in this 
                subsection, the Secretary may provide financial 
                assistance through a cooperative agreement to any 
                Center created under the Program.
                    ``(B) Cost sharing.--The Secretary may not provide 
                to a Center, under subparagraph (A), more than 50 
                percent of the capital and annual operating and 
                maintenance funds required to create and maintain such 
                Center.
                    ``(C) Rule of construction.--For purposes of 
                subparagraph (B), no amount received by a Center under 
                a provision of law other than subparagraph (A) may be 
                considered as an amount provided under subparagraph 
                (A).
            ``(2) Application.--
                    ``(A) In general.--A nonprofit institution, or 
                consortium thereof, an institution of higher education, 
                or a State or local government seeking financial 
                assistance for a Center under paragraph (1)(A) shall 
                submit to the Secretary an application therefor at such 
                time, in such manner, and containing such information 
                as the Secretary may require.
                    ``(B) Cost sharing.--
                            ``(i) In general.--In order to receive 
                        assistance under paragraph (1)(A), an applicant 
                        for financial assistance under subparagraph (A) 
                        of this paragraph shall provide adequate 
                        assurances that the applicant and the 
                        applicant's partnering organizations will 
                        obtain funding for 50 percent or more of the 
                        capital and annual operating and maintenance 
                        funds required to create and maintain the 
                        Center from sources other than assistance under 
                        paragraph (1)(A).
                            ``(ii) Agreements with other entities.--In 
                        meeting the 50 percent requirement in clause 
                        (i), a Center may enter into agreements with 
                        other entities, such as private industry, 
                        institutions of higher education, 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.
                            ``(iii) Accounting of contributions from 
                        third parties.--All contributions described in 
                        clause (ii) from an entity to a Center pursuant 
                        to an agreement described in such clause that 
                        is determined by the Center as programmatically 
                        reasonable and allocable under Program 
                        procedures shall be considered as a portion of 
                        the Center's contribution for purposes of 
                        clause (i).
                    ``(C) Legal rights.--Each person who submits an 
                application under subparagraph (A) with respect to a 
                Center shall include in the application a proposal for 
                the allocation of the legal rights associated with any 
                invention which may result from the activities of the 
                Center.
            ``(3) Merit review of applications.--
                    ``(A) In general.--The Secretary shall subject to 
                merit review each application received under paragraph 
                (2)(A).
                    ``(B) Considerations.--In making a decision whether 
                to approve an application received under paragraph 
                (2)(A) and provide financial support under paragraph 
                (1), the Secretary shall consider, at a minimum, the 
                following:
                            ``(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.
                            ``(ii) The quality of service to be 
                        provided.
                            ``(iii) Geographical diversity and extent 
                        of service area.
                            ``(iv) The percentage of funding from other 
                        sources.
            ``(4) Evaluations.--
                    ``(A) Third and eighth year evaluations by panel.--
                            ``(i) In general.--The Secretary shall 
                        ensure that each Center that receives financial 
                        assistance under paragraph (1) is evaluated 
                        during its third and eighth years of operation 
                        by an evaluation panel appointed by the 
                        Secretary.
                            ``(ii) Composition.--The 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.
                            ``(iii) Chair.--For each evaluation panel 
                        appointed under subparagraph (A), the Secretary 
                        shall appoint a chairperson who is an official 
                        of the Institute.
                    ``(B) Fifth year evaluation by secretary.--In the 
                fifth year of operation of a Center receiving financial 
                support under paragraph (1), the Secretary shall 
                conduct a review of the Center.
                    ``(C) Performance measurement.--In evaluating a 
                Center pursuant to subparagraph (A) or (B), an 
                evaluation panel or the Secretary, as the case may be, 
                shall measure the performance of the Center against--
                            ``(i) the objectives specified in 
                        subsection (a)(3); or
                            ``(ii) such other objectives as the 
                        Secretary considers appropriate.
                    ``(D) Positive evaluations.--If an evaluation of a 
                Center under subparagraph (A) is positive, the 
                Secretary may continue under paragraph (1) to provide 
                financial assistance to the Center--
                            ``(i) in the case of an evaluation 
                        occurring in the third year of a Center, 
                        through the fifth year of the Center;
                            ``(ii) in the case of a review by the 
                        Secretary occurring in the fifth year of a 
                        Center, through the eighth year of the Center; 
                        and
                            ``(iii) in the case of an evaluation 
                        occurring in the eighth year of a Center, 
                        through the tenth year of the Center.
                    ``(E) Other than positive evaluations.--
                            ``(i) Probation.--A Center that receives an 
                        evaluation under subparagraph (A) or (B) that 
                        is other than positive shall be considered to 
                        be on probation during the period beginning on 
                        the date on which the Center receives notice 
                        under subclause (I) of clause (ii) and ending 
                        on the date that reevaluation of the Center has 
                        been completed under subclause (III) of such 
                        clause.
                            ``(ii) Notice and reevaluation.--If a panel 
                        or the Secretary gives a Center an evaluation 
                        under subparagraph (A) or (B), as the case may 
                        be, an evaluation that is other than positive, 
                        the panel or the Secretary, as the case may be, 
                        shall--
                                    ``(I) notify the Center of the 
                                reason for the other than positive 
                                evaluation, including any deficiencies 
                                in the performance of the Center that 
                                the panel or the Secretary, as the case 
                                may be, has identified;
                                    ``(II) assist the Center in 
                                rectifying the deficiencies by 
                                providing the Center, not less 
                                frequently than once every 3 months, an 
                                analysis of the Center, if the panel or 
                                the Secretary, as the case may be, 
                                considers doing so appropriate; and
                                    ``(III) reevaluate the Center not 
                                later than 1 year after the date on 
                                which notice is submitted under 
                                subclause (I).
                            ``(iii) Continued support during period of 
                        probation.--The Secretary may provide continued 
                        funding under paragraph (1) for a Center during 
                        a Center's period of probation under this 
                        subparagraph.
                            ``(iv) Remedy.--
                                    ``(I) In general.--If a Center 
                                receives an evaluation under subclause 
                                (III) of clause (ii) that is other than 
                                positive because the Center has not 
                                rectified the deficiencies identified 
                                by the panel or the Secretary, as the 
                                case may be, in the notice submitted 
                                under subclause (I) of such clause or 
                                shown a significant improvement in its 
                                performance, the Secretary shall 
                                conduct a new competition to select an 
                                operator for the Center.
                                    ``(II) Treatment of centers subject 
                                to new competition.--Upon the selection 
                                of an operator for a Center under 
                                subclause (I), the Center shall be 
                                considered a new Center for purposes of 
                                this paragraph and paragraph (5).
            ``(5) Reapplication competition for financial support after 
        10 years.--
                    ``(A) In general.--If an operator of a Center has 
                received financial support under paragraph (1) for a 
                period of 10 consecutive years, the Secretary shall 
                conduct a new competition to select an operator for the 
                Center consistent with the plan required under 
                paragraph (6)(A)(ii).
                    ``(B) Incumbent operators.--An operator of a Center 
                that has received financial support under paragraph (1) 
                for a period of 10 consecutive years that the Secretary 
                determines is in good standing shall be eligible to 
                compete in the competition for the Center conducted 
                under subparagraph (A).
                    ``(C) Treatment of centers subject to reapplication 
                competition.--Upon the selection of an operator for a 
                Center under subparagraph (A), the Center shall be 
                considered a new Center for purposes of this paragraph 
                and paragraph (4).
            ``(6) Reports.--
                    ``(A) Status report and plan.--Not later than 180 
                days after the date of the enactment of the 
                Manufacturing Extension Partnership Improvement Act of 
                2016, the Secretary shall submit to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Science, Space, and Technology of the 
                House of Representatives--
                            ``(i) a report on how the Institute has 
                        conducted evaluations, competitions, and 
                        reapplication competitions under this 
                        subsection; and
                            ``(ii) a plan as to how the Institute will 
                        conduct such evaluations, competitions, and 
                        reapplication competitions.
                    ``(B) Independent assessment of reapplication 
                competition process.--
                            ``(i) In general.--The Secretary shall 
                        contract with an independent organization to 
                        perform an assessment of the implementation of 
                        the competition and reapplication competition 
                        processes under this subsection not later than 
                        3 years after the date of the submittal of the 
                        report under subparagraph (A).
                            ``(ii) Consultation with mep advisory 
                        board.--The organization conducting the 
                        assessment under clause (i) may consult with 
                        the MEP Advisory Board.
                    ``(C) Comparison of centers.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of the enactment of the 
                        Manufacturing Extension Partnership Improvement 
                        Act of 2016, the Secretary shall submit to the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate and the Committee 
                        on Science, Space, and Technology of the House 
                        of Representatives a report providing 
                        information on the first and second years of 
                        operations of Centers that were subject to a 
                        competition conducted pursuant to paragraph 
                        (4)(E)(iv)(I) as compared to longstanding 
                        Centers.
                            ``(ii) Contents.--The report required by 
                        clause (i) shall include detail on the 
                        engagement in services provided by Centers and 
                        the characteristics of services provided, 
                        including volume and type of services, so that 
                        the Committees can evaluate whether the cost-
                        sharing ratio has an effect on the services 
                        provided by Centers.
    ``(d) Operational Requirements.--
            ``(1) Patent rights.--The provisions of chapter 18 of title 
        35, United States Code, shall apply, to the extent not 
        inconsistent with this section, 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.
            ``(2) Protection of confidential information of center 
        clients.--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, United States Code:
                    ``(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.
            ``(3) Oversight boards.--
                    ``(A) In general.--As a condition on receipt of 
                financial assistance under paragraph (1), a Center 
                shall establish a board to oversee the operations of 
                the Center.
                    ``(B) Membership.--
                            ``(i) In general.--Each board established 
                        under subparagraph (A) 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 manufacturing 
                                companies.
                            ``(ii) Limitation.--A member of a board 
                        established under subparagraph (A) may not 
                        serve on more than one board established under 
                        such subparagraph.
                    ``(C) Bylaws.--
                            ``(i) In general.--Each board established 
                        under subparagraph (A) shall adopt and submit 
                        to the Director bylaws to govern the operation 
                        of the board.
                            ``(ii) Conflicts of interest.--Bylaws 
                        adopted under clause (i) 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.
    ``(e) Acceptance of Funds.--In addition to such sums as may be 
appropriated to the Secretary and Director to operate the Program, the 
Secretary and Director may also accept funds from other Federal 
departments and agencies and from the private sector under section 
2(c)(7), to be available to the extent provided by appropriations Acts, 
for the purpose of strengthening United States manufacturing.
    ``(f) 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) Composition.--
                            ``(i) In general.--The MEP Advisory Board 
                        shall consist of not fewer than 10 members 
                        appointed by the Director and broadly 
                        representative of stakeholders.
                            ``(ii) Requirements.--Of 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 1 member shall 
                                represent a community college; and
                                    ``(III) at least 5 other members 
                                shall be from United States small 
                                businesses in the manufacturing sector.
                            ``(iii) No federal employees.--No member of 
                        the MEP Advisory Board 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) 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.
                    ``(D) Serving consecutive terms.--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.
            ``(3) Meetings.--The MEP Advisory Board shall meet not less 
        than twice each year and shall provide to the Director--
                    ``(A) advice on Hollings Manufacturing Extension 
                Partnership programs, plans, and policies;
                    ``(B) assessments of the soundness of Hollings 
                Manufacturing Extension Partnership plans and 
                strategies; and
                    ``(C) assessments of current performance against 
                Hollings Manufacturing Extension Partnership program 
                plans.
            ``(4) Federal advisory committee act applicability.--
                    ``(A) In general.--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.
                    ``(B) Exception.--Section 14 of the Federal 
                Advisory Committee Act shall not apply to the MEP 
                Advisory Board.
            ``(5) Annual report.--
                    ``(A) In general.--Not less frequently than once 
                each year, the MEP Advisory Board shall transmit a 
                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.
                    ``(B) Contents.--Such report shall address the 
                status of the Program 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.
    ``(g) Competitive Awards Program.--
            ``(1) Establishment.--The Director shall establish within 
        the Hollings Manufacturing Extension Partnership and section 26 
        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, themes, and reimbursement.--
                    ``(A) Purpose.--The purpose of the program 
                established under paragraph (1) is to add capabilities 
                to the Hollings Manufacturing Extension Partnership, 
                including the development of projects to solve new or 
                emerging manufacturing problems as determined by the 
                Director, in consultation with the Director of the 
                Hollings Manufacturing Extension Partnership, the MEP 
                Advisory Board, other Federal agencies, and small and 
                medium-sized manufacturers.
                    ``(B) Themes.--The Director may identify one or 
                more themes for a competition carried out under this 
                subsection, which may vary from year to year, as the 
                Director considers appropriate after assessing the 
                needs of manufacturers and the success of previous 
                competitions.
                    ``(C) Reimbursement.--Centers may be reimbursed for 
                costs incurred by the Centers under this subsection.
            ``(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 MEP Advisory Board.
            ``(5) Selection.--
                    ``(A) Peer review and competitively awarded.--The 
                Director shall ensure that awards under this subsection 
                are peer reviewed and competitively awarded.
                    ``(B) Geographic diversity.--The Director shall 
                endeavor to have broad geographic diversity among 
                selected proposals.
                    ``(C) Criteria.--The Director shall select 
                applications to receive awards that the Director 
                determines will--
                            ``(i) improve the competitiveness of 
                        industries in the region in which the Center or 
                        Centers are located;
                            ``(ii) create jobs or train newly hired 
                        employees;
                            ``(iii) promote the transfer and 
                        commercialization of research and technology 
                        from institutions of higher education, national 
                        laboratories or other Federally-funded research 
                        programs, and nonprofit research institutes;
                            ``(iv) recruit a diverse manufacturing 
                        workforce, including through outreach to women 
                        and minorities; or
                            ``(v) achieve such other result as the 
                        Director considers will advance the objective 
                        set forth in subsection (a)(3).
            ``(6) Program contribution.--Recipients of awards under 
        this subsection shall not be required to provide a matching 
        contribution.
            ``(7) Global marketplace projects.--In making an award 
        under this subsection, the Director, in consultation with the 
        MEP Advisory Board and the Secretary, may take into 
        consideration whether an application has significant potential 
        for enhancing the competitiveness of small and medium-sized 
        United States manufacturers in the global marketplace.
            ``(8) Workforce development projects.--In making an award 
        under this subsection, the Director, in consultation with the 
        MEP Advisory Board and the Secretary, may take into 
        consideration whether a project supports the development and 
        implementation of apprenticeship programs, internship programs, 
        student-based learning programs, or industry-recognized 
        certification programs to help serve the workforce needs of 
        consortia of manufacturing companies.
            ``(9) Industry consideration.--
                    ``(A) Construction industry modernization.--In 
                making an award under this subsection, the Director, in 
                consultation with the MEP Advisory Board and the 
                Secretary, may take into consideration whether a 
                project supports the modernization of the construction 
                industry.
                    ``(B) Health care industry.--In making an award 
                under this subsection, the Director, in consultation 
                with the MEP Advisory Board and the Secretary, may take 
                into consideration whether a project supports the 
                modernization of the health care industry.
                    ``(C) Biotechnology and biomanufacturing.--In 
                making an award under this subsection, the Director, in 
                consultation with the MEP Advisory Board and the 
                Secretary, may take into consideration whether a 
                project supports the biotechnology and biomanufacturing 
                industry.
            ``(10) Duration.--The duration of an award under this 
        subsection shall be for not more than 3 years.
    ``(h) Evaluation of Obstacles Unique to Small Manufacturers.--As 
part of the Hollings Manufacturing Extension Partnership, the Director 
shall--
            ``(1) evaluate obstacles that are unique to small 
        manufacturers that prevent such manufacturers from effectively 
        competing in the global market;
            ``(2) implement a comprehensive plan to train the Centers 
        to address such obstacles; and
            ``(3) facilitate improved communication between the Centers 
        to assist such manufacturers in implementing appropriate, 
        targeted solutions to such obstacles.
    ``(i) Development of Open Access Resources.--As part of the 
Hollings Manufacturing Extension Partnership, the Director 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.
    ``(j) Innovation Services Initiative.--As part of the Hollings 
Manufacturing Extension Partnership, the Director shall establish an 
innovation services initiative to assist small and medium-sized 
manufacturers in improving profitability through the reduction of 
energy use, greenhouse gas emissions, and environmental waste.
    ``(k) Definitions.--In this section:
            ``(1) Area career and technical education school.--The term 
        `area career and technical education school' has the meaning 
        given such term in section 3 of the Carl D. Perkins Career and 
        Technical Education Improvement Act of 2006 (20 U.S.C. 2302).
            ``(2) Community college.--The term `community college' 
        means an institution of higher education (as defined under 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a))) at which the highest degree that is predominately 
        awarded to students is an associate's degree.''.
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