21st Century Space Grant Modernization Act of 2021

II 117TH CONGRESS 1ST SESSION S. 360 To amend title 51, United States Code, to modify the national space grant college and fellowship program, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 23, 2021 Mrs. CAPITO (for herself and Ms. SINEMA) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 51, United States Code, to modify the na- tional space grant college and fellowship program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘21st Century Space 4 Grant Modernization Act of 2021’’. 5 SEC. 2. NATIONAL SPACE GRANT COLLEGE AND FELLOW- 6 SHIP PROGRAM. 7 (a) PURPOSES.—Section 40301 of title 51, United 8 States Code, is amended— 9 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 360 IS (1) in paragraph (3)— 1 (A) in subparagraph (B), by striking 2 ‘‘and’’ at the end; 3 (B) in subparagraph (C), by adding ‘‘and’’ 4 after the semicolon at the end; and 5 (C) by adding at the end the following: 6 ‘‘(D) promote equally the State and re- 7 gional STEM interests of each space grant con- 8 sortium;’’; and 9 (2) in paragraph (4), by striking ‘‘made up of 10 university and industry members, in order to ad- 11 vance’’ and inserting ‘‘comprised of members of uni- 12 versities in each State and other entities, such as 2- 13 year colleges, industries, science learning centers, 14 museums, and government entities, to advance’’. 15 (b) DEFINITIONS.—Section 40302 of title 51, United 16 States Code, is amended— 17 (1) by striking paragraph (3); 18 (2) by inserting after paragraph (2) the fol- 19 lowing: 20 ‘‘(3) LEAD INSTITUTION.—The term ‘lead insti- 21 tution’ means an entity in a State that— 22 ‘‘(A) was designated by the Administrator 23 under section 40306, as in effect on the day be- 24 fore the date of the enactment of the 21st Cen- 25 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 360 IS tury Space Grant Modernization Act of 2021; 1 or 2 ‘‘(B) is designated by the Administrator 3 under section 40303(d)(3).’’; 4 (3) in paragraph (4), by striking ‘‘space grant 5 college, space grant regional consortium, institution 6 of higher education,’’ and inserting ‘‘lead institution, 7 space grant consortium,’’; 8 (4) by striking paragraphs (6), (7), and (8); 9 (5) by inserting after paragraph (5) the fol- 10 lowing: 11 ‘‘(6) SPACE GRANT CONSORTIUM.—The term 12 ‘space grant consortium’ means a statewide group, 13 led by a lead institution, that has established part- 14 nerships with other academic institutions, industries, 15 science learning centers, museums, and government 16 entities to promote a strong educational base in the 17 space and aeronautical sciences.’’; 18 (6) by redesignating paragraph (9) as para- 19 graph (7); 20 (7) in paragraph (7)(B), as so redesignated, by 21 inserting ‘‘and aeronautics’’ after ‘‘space’’; 22 (8) by striking paragraph (10); and 23 (9) by adding at the end the following: 24 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 360 IS ‘‘(8) STEM.—The term ‘STEM’ means science, 1 technology, engineering, and mathematics.’’. 2 (c) PROGRAM OBJECTIVE.—Section 40303 of title 3 51, United States Code, is amended— 4 (1) by striking subsections (d) and (e); 5 (2) by redesignating subsection (c) as sub- 6 section (e); and 7 (3) by striking subsection (b) and inserting the 8 following: 9 ‘‘(b) PROGRAM OBJECTIVE.— 10 ‘‘(1) IN GENERAL.—The Administrator shall 11 carry out the national space grant college and fel- 12 lowship program with the objective of providing 13 hands-on research, training, and education programs 14 with measurable outcomes in each State, including 15 programs to provide— 16 ‘‘(A) internships, fellowships, and scholar- 17 ships; 18 ‘‘(B) interdisciplinary hands-on mission 19 programs and design projects; 20 ‘‘(C) student internships with industry or 21 university researchers or at centers of the Ad- 22 ministration; 23 ‘‘(D) faculty and curriculum development 24 initiatives; 25 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 360 IS ‘‘(E) university-based research initiatives 1 relating to the Administration and the STEM 2 workforce needs of each State; or 3 ‘‘(F) STEM engagement programs for kin- 4 dergarten through grade 12 teachers and stu- 5 dents. 6 ‘‘(2) PROGRAM PRIORITIES.—In carrying out 7 the objective described in paragraph (1), the Admin- 8 istrator shall ensure that each program carried out 9 by a space grant consortium under the national 10 space grant college and fellowship program balances 11 the following priorities: 12 ‘‘(A) The space and aeronautics research 13 needs of the Administration, including the mis- 14 sion directorates. 15 ‘‘(B) The need to develop a national 16 STEM workforce. 17 ‘‘(C) The STEM workforce needs of the 18 State. 19 ‘‘(c) PROGRAM ADMINISTERED THROUGH SPACE 20 GRANT CONSORTIA.—The Administrator shall carry out 21 the national space grant college and fellowship program 22 through the space grant consortia. 23 ‘‘(d) SUSPENSION; TERMINATION; NEW COMPETI- 24 TION.— 25 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 360 IS ‘‘(1) SUSPENSION.—The Administrator may, 1 for cause and after an opportunity for hearing, sus- 2 pend a lead institution that was designated by the 3 Administrator under section 40306, as in effect on 4 the day before the date of the enactment of the 21st 5 Century Space Grant Modernization Act of 2021. 6 ‘‘(2) TERMINATION.—If the issue resulting in a 7 suspension under paragraph (1) is not resolved with- 8 in a period determined by the Administrator, the 9 Administrator may terminate the designation of the 10 entity as a lead institution. 11 ‘‘(3) NEW COMPETITION.—If the Administrator 12 terminates the designation of an entity as a lead in- 13 stitution, the Administrator may initiate a new com- 14 petition in the applicable State for the designation of 15 a lead institution.’’. 16 (d) GRANTS.—Section 40304 of title 51, United 17 States Code, is amended to read as follows: 18 ‘‘§ 40304. Grants 19 ‘‘(a) ELIGIBLE SPACE GRANT CONSORTIUM DE- 20 FINED.—In this section, the term ‘eligible space grant 21 consortium’ means a space grant consortium that the Ad- 22 ministrator has determined— 23 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 360 IS ‘‘(1) has the capability and objective to carry 1 out not fewer than 3 of the 6 programs under sec- 2 tion 40303(b)(1); 3 ‘‘(2) will carry out programs that balance the 4 priorities described in section 40303(b)(2); and 5 ‘‘(3) is engaged in research, training, and edu- 6 cation relating to space and aeronautics. 7 ‘‘(b) GRANTS.— 8 ‘‘(1) IN GENERAL.—The Administrator shall 9 award grants to the lead institutions of eligible space 10 grant consortia to carry out the programs under sec- 11 tion 40303(b)(1). 12 ‘‘(2) REQUEST FOR PROPOSALS.— 13 ‘‘(A) IN GENERAL.—Not later than 180 14 days after the date of the enactment of the 21st 15 Century Space Grant Modernization Act of 16 2021, the Administrator shall issue a request 17 for proposals from space grant consortia for the 18 award of grants under this section. 19 ‘‘(B) APPLICATIONS.—A lead institution of 20 a space grant consortium that seeks a grant 21 under this section shall submit, on behalf of 22 such space grant consortium, an application to 23 the Administrator at such time, in such man- 24 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 360 IS ner, and accompanied by such information as 1 the Administrator may require. 2 ‘‘(3) GRANT AWARDS.—The Administrator shall 3 award 1 or more 5-year grants, disbursed in annual 4 installments, to the lead institution of the eligible 5 space grant consortium of— 6 ‘‘(A) each State; 7 ‘‘(B) the District of Columbia; and 8 ‘‘(C) the Commonwealth of Puerto Rico. 9 ‘‘(4) USE OF FUNDS.—A grant awarded under 10 this section shall be used by an eligible space grant 11 consortium to carry out not fewer than 3 of the 6 12 programs under section 40303(b)(1). 13 ‘‘(c) ALLOCATION OF FUNDING.— 14 ‘‘(1) PROGRAM IMPLEMENTATION.— 15 ‘‘(A) IN GENERAL.—To carry out the ob- 16 jective described in section 40303(b)(1), of the 17 funds made available under section 40306 each 18 fiscal year for the national space grant college 19 and fellowship program, the Administrator shall 20 allocate not less than 85 percent as follows: 21 ‘‘(i) The 52 eligible space grant con- 22 sortia shall each receive an equal share. 23 ‘‘(ii) The territories of Guam and the 24 United States Virgin Islands shall each re- 25 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 360 IS ceive funds equal to approximately 1⁄5 of 1 the share for each eligible space grant con- 2 sortia. 3 ‘‘(B) MATCHING REQUIREMENT.—Each el- 4 igible space grant consortium shall match the 5 funds allocated under subparagraph (A)(i) on a 6 basis of not less than 1 non-Federal dollar for 7 every 1 Federal dollar, except that any program 8 funded under paragraph (3) or any program to 9 carry out 1 or more internships or fellowships 10 shall not be subject to that matching require- 11 ment. 12 ‘‘(2) PROGRAM ADMINISTRATION.— 13 ‘‘(A) IN GENERAL.—Of the funds made 14 available under section 40306 each fiscal year 15 for the national space grant college and fellow- 16 ship program, the Administrator shall allocate 17 not more than 10 percent for the administra- 18 tion of the program. 19 ‘‘(B) COSTS COVERED.—The funds allo- 20 cated under subparagraph (A) shall cover all 21 costs of the Administration associated with the 22 administration of the national space grant col- 23 lege and fellowship program, including— 24 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 360 IS ‘‘(i) direct costs of the program, in- 1 cluding costs relating to support services 2 and civil service salaries and benefits; 3 ‘‘(ii) indirect general and administra- 4 tive costs of centers and facilities of the 5 Administration; and 6 ‘‘(iii) indirect general and administra- 7 tive costs of the Administration head- 8 quarters. 9 ‘‘(3) SPECIAL PROGRAMS.—Of the funds made 10 available under section 40306 each fiscal year for 11 the national space grant college and fellowship pro- 12 gram, the Administrator shall allocate not more than 13 5 percent to the lead institutions of space grant con- 14 sortia established as of the date of the enactment of 15 the 21st Century Space Grant Modernization Act of 16 2021 for grants to carry out innovative approaches 17 and programs to further science and education relat- 18 ing to the missions of the Administration and STEM 19 disciplines. 20 ‘‘(d) TERMS AND CONDITIONS.— 21 ‘‘(1) LIMITATIONS.—Amounts made available 22 through a grant under this section may not be ap- 23 plied to— 24 ‘‘(A) the purchase of land; 25 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 360 IS ‘‘(B) the purchase, construction, preserva- 1 tion, or repair of a building; or 2 ‘‘(C) the purchase or construction of a 3 launch facility or launch vehicle. 4 ‘‘(2) LEASES.—Notwithstanding paragraph (1), 5 land, buildings, launch facilities, and launch vehicles 6 may be leased under a grant on written approval by 7 the Administrator. 8 ‘‘(3) RECORDS.— 9 ‘‘(A) IN GENERAL.—Any person that re- 10 ceives or uses the proceeds of a grant under 11 this section shall keep such records as the Ad- 12 ministrator shall by regulation prescribe as 13 being necessary and appropriate to facilitate ef- 14 fective audit and evaluation, including records 15 that fully disclose the amount and disposition 16 by a recipient of such proceeds, the total cost 17 of the program or project in connection with 18 which such proceeds were used, and the 19 amount, if any, of such cost that was provided 20 through other sources. 21 ‘‘(B) MAINTENANCE OF RECORDS.— 22 Records under subparagraph (A) shall be main- 23 tained for not less than 3 years after the date 24 of completion of such a program or project. 25 VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 360 IS ‘‘(C) ACCESS.—For the purpose of audit 1 and evaluation, the Administrator and the 2 Comptroller General of the United States shall 3 have access to any books, documents, papers, 4 and records of receipts relating to a grant 5 under this section, as determined by the Admin- 6 istrator or Comptroller General.’’. 7 (e) PROGRAM STREAMLINING.—Title 51, United 8 States Code, is amended— 9 (1) by striking sections 40305 through 40308, 10 40310, and 40311; and 11 (2) by redesignating section 40309 as section 12 40305. 13 (f) AUTHORIZATION OF APPROPRIATIONS.—Title 51, 14 United States Code, is amended by adding after section 15 40305, as redesignated by subsection (e)(2), the following: 16 ‘‘§ 40306. Authorization of appropriations 17 ‘‘There are authorized to be appropriated such sums 18 as may be necessary to carry out the national space grant 19 college and fellowship program.’’. 20 (g) CONFORMING AMENDMENT.—The table of sec- 21 tions at the beginning of chapter 403 of title 51, United 22 States Code, is amended by striking the items relating to 23 sections 40304 through 40311 and inserting the following: 24 ‘‘40304. Grants. VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6211 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 360 IS ‘‘40305. Availability of other Federal personnel and data. ‘‘40306. Authorization of appropriations.’’. Æ VerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\S360.IS S360 pamtmann on DSKBC07HB2PROD with BILLS