51 U.S.C. § 40304 — Grants or contracts

Page 90 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40304 tion, a program to be known as the national space grant college and fellowship program. The national space grant college and fellowship pro- gram shall consist of the financial assistance and other activities provided for in this chapter. The Administrator shall establish long-range planning guidelines and priorities, and ade- quately evaluate the program. (b) FUNCTIONS.—Within the Administration, the program shall— (1) apply the long-range planning guidelines and the priorities established by the Adminis- trator under subsection (a); (2) advise the Administrator with respect to the expertise and capabilities which are avail- able through the national space grant college and fellowship program, and make such exper- tise available to the Administration as di- rected by the Administrator; (3) evaluate activities conducted under grants and contracts awarded pursuant to sec- tions 40304 and 40305 of this title to ensure that the purposes set forth in section 40301 of this title are implemented; (4) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and capabili- ties which are available through the national space grant college and fellowship program, on a cooperative or other basis; (5) encourage cooperation and coordination with other Federal programs concerned with the development of space resources and fields related to space; (6) advise the Administrator on the designa- tion of recipients supported by the national space grant college and fellowship program and, in appropriate cases, on the termination or suspension of any such designation; and (7) encourage the formation and growth of space grant and fellowship programs. (c) GENERAL AUTHORITIES.—To carry out the provisions of this chapter, the Administrator may— (1) accept conditional or unconditional gifts or donations of services, money, or property, real, personal or mixed, tangible or intangible; (2) accept and use funds from other Federal departments, agencies, and instrumentalities to pay for fellowships, grants, contracts, and other transactions; and (3) issue such rules and regulations as may be necessary and appropriate. (d) PROGRAM ADMINISTRATION COSTS.—In car- rying out the provisions of this chapter, the Ad- ministrator— (1) shall maximize appropriated funds for grants and contracts made under section 40304 in each fiscal year; and (2) in each fiscal year, the Administrator shall limit its program administration costs to no more than 5 percent of funds appro- priated for this program for that fiscal year. (e) REPORTS.—For any fiscal year in which the Administrator cannot meet the administration cost target under subsection (d)(2), if the Admin- istration is unable to limit program costs under subsection (b), the Administrator shall submit to the appropriate committees of Congress a re- port, including— (1) a description of why the Administrator did not meet the cost target under subsection (d); and (2) the measures the Administrator will take in the next fiscal year to meet the cost target under subsection (d) without drawing upon other Federal funding. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3383; Pub. L. 114–329, title III, § 302(b), Jan. 6, 2017, 130 Stat. 3003.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 40303 .......... 42 U.S.C. 2486c. Pub. L. 100–147, title II, § 205, Oct. 30, 1987, 101 Stat. 871. Editorial Notes AMENDMENTS 2017—Subsecs. (d), (e). Pub. L. 114–329 added subsecs. (d) and (e). § 40304. Grants or contracts (a) AUTHORITY OF ADMINISTRATOR.—The Ad- ministrator may make grants and enter into contracts or other transactions under this sub- section to assist any space grant and fellowship program or project if the Administrator finds that the program or project will carry out the purposes set forth in section 40301 of this title. The total amount paid pursuant to a grant or contract may equal not more than 66 percent of the total cost of the space grant and fellowship program or project involved, except in the case of grants or contracts paid for with funds ac- cepted by the Administrator pursuant to section 40303(c)(2) of this title. (b) SPECIAL GRANTS.—The Administrator may make special grants under this subsection to carry out the purposes set forth in section 40301 of this title. The amount of a special grant may equal up to 100 percent of the total cost of the project involved. A special grant may be made under this subsection only if the Administrator finds that— (1) no reasonable means is available through which the applicant can meet the matching re- quirement for a grant under subsection (a); (2) the probable benefit of the project out- weighs the public interest in the matching re- quirement; and (3) the same or equivalent benefit cannot be obtained through the award of a contract or grant under subsection (a) or section 40305 of this title. (c) APPLICATION.—Any person may apply to the Administrator for a grant or contract under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Administrator shall by regulation prescribe. (d) TERMS AND CONDITIONS.— (1) IN GENERAL.—Any grant made, or con- tract entered into, under this section shall be subject to the limitations and provisions set forth in paragraphs (2) and (3) and to such other terms, conditions, and requirements as the Administrator considers necessary or ap- propriate. 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