51 U.S.C. § 40306 — Space grant college and space grant re-

Page 91 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40306 (2) LIMITATIONS.—No payment under any grant or contract under this section may be applied to— (A) the purchase of any land; (B) the purchase, construction, preserva- tion, or repair of any building; or (C) the purchase or construction of any launch facility or launch vehicle. (3) LEASES.—Notwithstanding paragraph (2), the items in subparagraphs (A), (B), and (C) of such paragraph may be leased upon written approval of the Administrator. (4) RECORDS.—Any person that receives or utilizes any proceeds of any grant or contract under this section shall keep such records as the Administrator shall by regulation pre- scribe as being necessary and appropriate to facilitate effective audit and evaluation, in- cluding records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such pro- ceeds were used, and the amount, if any, of such cost which was provided through other sources. Such records shall be maintained for 3 years after the completion of such a program or project. The Administrator and the Comp- troller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and eval- uation, to any books, documents, papers, and records of receipts which, in the opinion of the Administrator or the Comptroller General, may be related or pertinent to such grants and contracts. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3384.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40304 .......... 42 U.S.C. 2486d. Pub. L. 100–147, title II, § 206, Oct. 30, 1987, 101 Stat. 872. In subsection (a), the words ‘‘not more than 66 per- cent’’ are substituted for ‘‘66 percent, or any lesser per- cent’’, and the word ‘‘except’’ is substituted for ‘‘except that this limitation shall not apply’’, for clarity and to eliminate unnecessary words. In subsection (b), the words ‘‘up to 100 percent’’ are substituted for ‘‘100 percent, or any lesser percent’’ to eliminate unnecessary words. § 40305. Specific national needs (a) IDENTIFICATION OF SPECIFIC NEEDS AND GRANT-MAKING AND CONTRACTING AUTHORITY.— The Administrator shall identify specific na- tional needs and problems relating to space. The Administrator may make grants or enter into contracts under this section with respect to such needs or problems. The amount of any such grant or contract may equal up to 100 percent of the total cost of the project involved. (b) APPLICATIONS FOR GRANTS OR CONTRACTS.— Any person may apply to the Administrator for a grant or contract under this section. In addi- tion, the Administrator may invite applications with respect to specific national needs or prob- lems identified under subsection (a). Application shall be made in such form and manner, and with such content and other submissions, as the Administrator shall by regulation prescribe. Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in paragraphs (2) and (4) of section 40304(d) of this title and to such other terms, conditions, and requirements as the Ad- ministrator considers necessary or appropriate. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3385.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40305 .......... 42 U.S.C. 2486e. Pub. L. 100–147, title II, § 207, Oct. 30, 1987, 101 Stat. 873. In subsection (a), the words ‘‘up to 100 percent’’ are substituted for ‘‘100 percent, or any lesser percent’’ to eliminate unnecessary words. § 40306. Space grant college and space grant re- gional consortium (a) DESIGNATION AND QUALIFICATIONS.— (1) AUTHORITY TO DESIGNATE.—The Adminis- trator may designate— (A) any institution of higher education as a space grant college; and (B) any association or other alliance of 2 or more persons, other than individuals, as a space grant regional consortium. (2) SPACE GRANT COLLEGE REQUIREMENTS.—No institution of higher education may be des- ignated as a space grant college unless the Ad- ministrator finds that such institution— (A) is maintaining a balanced program of research, education, training, and advisory services in fields related to space; (B) will act in accordance with such guide- lines as are prescribed under subsection (b)(2); and (C) meets such other qualifications as the Administrator considers necessary or appro- priate. (3) SPACE GRANT REGIONAL CONSORTIUM RE- QUIREMENTS.—No association or other alliance of 2 or more persons may be designated as a space grant regional consortium unless the Administrator finds that such association or alliance— (A) is established for the purpose of shar- ing expertise, research, educational facili- ties or training facilities, and other capabili- ties in order to facilitate research, edu- cation, training, and advisory services in any field related to space; (B) will encourage and follow a regional approach to solving problems or meeting needs relating to space, in cooperation with appropriate space grant colleges, space grant programs, and other persons in the region; (C) will act in accordance with such guide- lines as are prescribed under subsection (b)(2); and (D) meets such other qualifications as the Administrator considers necessary or appro- priate. (b) QUALIFICATIONS AND GUIDELINES.—The Ad- ministrator shall by regulation prescribe— (1) the qualifications required to be met under paragraphs (2)(C) and (3)(D) of sub- section (a); and Page 92 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40307 (2) guidelines relating to the activities and responsibilities of space grant colleges and space grant regional consortia. (c) SUSPENSION OR TERMINATION OF DESIGNA- TION.—The Administrator may, for cause and after an opportunity for hearing, suspend or ter- minate any designation under subsection (a). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3386.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40306 .......... 42 U.S.C. 2486f. Pub. L. 100–147, title II, § 208, Oct. 30, 1987, 101 Stat. 873. § 40307. Space grant fellowship program (a) AWARD OF FELLOWSHIPS.—The Adminis- trator shall support a space grant fellowship program to provide educational and training as- sistance to qualified individuals at the graduate level of education in fields related to space. Such fellowships shall be awarded pursuant to guidelines established by the Administrator. Space grant fellowships shall be awarded to indi- viduals at space grant colleges, space grant re- gional consortia, other colleges and institutions of higher education, professional associations, and institutes in such a manner as to ensure wide geographic and institutional diversity in the pursuit of research under the fellowship pro- gram. (b) LIMITATION ON AMOUNT PROVIDED.—The total amount which may be provided for grants under the space grant fellowship program during any fiscal year shall not exceed an amount equal to 50 percent of the total funds appropriated for such year pursuant to this chapter. (c) AUTHORITY TO SPONSOR OTHER RESEARCH FELLOWSHIP PROGRAMS UNAFFECTED.—Nothing in this section shall be construed to prohibit the Administrator from sponsoring any research fel- lowship program, including any special empha- sis program, which is established under an au- thority other than this chapter. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3387.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40307 .......... 42 U.S.C. 2486g. Pub. L. 100–147, title II, § 209, Oct. 30, 1987, 101 Stat. 874. § 40308. Space grant review panel (a) ESTABLISHMENT.—The Administrator shall establish an independent committee known as the space grant review panel, which shall not be subject to the provisions of chapter 10 of title 5. (b) DUTIES.—The panel shall take such steps as may be necessary to review, and shall advise the Administrator with respect to— (1) applications or proposals for, and per- formance under, grants and contracts awarded pursuant to sections 40304 and 40305 of this title; (2) the space grant fellowship program; (3) the designation and operation of space grant colleges and space grant regional con- sortia, and the operation of space grant and fellowship programs; (4) the formulation and application of the planning guidelines and priorities pursuant to subsections (a) and (b)(1) of section 40303 of this title; and (5) such other matters as the Administrator refers to the panel for review and advice. (c) PERSONNEL AND ADMINISTRATIVE SERV- ICES.—The Administrator shall make available to the panel any information, personnel, and ad- ministrative services and assistance which is reasonable to carry out the duties of the panel. (d) MEMBERS.— (1) APPOINTMENT.—The Administrator shall appoint the voting members of the panel. A majority of the voting members shall be indi- viduals who, by reason of knowledge, experi- ence, or training, are especially qualified in one or more of the disciplines and fields re- lated to space. The other voting members shall be individuals who, by reason of knowl- edge, experience, or training, are especially qualified in, or representative of, education, extension services, State government, indus- try, economics, planning, or any other activ- ity related to efforts to enhance the under- standing, assessment, development, or utiliza- tion of space resources. The Administrator shall consider the potential conflict of interest of any individual in making appointments to the panel. (2) CHAIRMAN AND VICE CHAIRMAN.—The Ad- ministrator shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman. (3) REIMBURSEMENT FOR EXPENSES.—Voting members of the panel who are not Federal em- ployees shall be reimbursed for actual and rea- sonable expenses incurred in the performance of such duties. (4) MEETINGS.—The panel shall meet on a bi- annual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Ad- ministrator. (5) POWERS.—The panel may exercise such powers as are reasonably necessary in order to carry out the duties enumerated in subsection (b). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3387; Pub. L. 117–286, § 4(a)(325), Dec. 27, 2022, 136 Stat. 4341.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40308 .......... 42 U.S.C. 2486h. Pub. L. 100–147, title II, § 210, Oct. 30, 1987, 101 Stat. 874. In subsection (a), the word ‘‘provisions’’ is sub- stituted for ‘‘provisons’’ to correct an error in the law. Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 App. U.S.C.).’’