Public Law 100-147 …

                                   Public Law 100-147


                    NASA Authorization Act of 1988


                TITLE II-NATIONAL SPACE GRANT COLLEGE AND
                               FELLOWSHIP PROGRAM
                                                                   .

 SEC. 201. This title may be cited as the "National Space Grant College and Fellowship
Act".
 SEC. 202. The Congress finds that- .
     (1) the vitality of the Nation and the quality of life of the citizens of the Nation
depend increasingly on the understanding, assessment, development, and utilization of
space resources;
        (2) research and development of space science, space technology, and space
commercialization will contribute to the quality of life, national security, and the
enhancement of commerce;
        (3) the understanding and development of the space frontiers require a broad
commitment and an intense involvement on the part of the Federal Government in
partnership with State and local governments, private industry, universities,
organizations, and individuals concerned with the exploration and utilization of space;
        (4) the National Aeronautics and Space Administration, through the national space
grant college and fellowship program, offers the most suitable means for such
commitment and involvement through the promotion of activities that will result in
greater understanding, assessment, development, and utilization; and
        (5) Federal support of the establishment, development, and operation of programs
and projects by space grant colleges, space grant regional consortia, institutions of higher
education, institutes, laboratories, and. other appropriate public and private entities is the
most cost-effective way to promote such activities.
  SEC. 203. The purposes of this title are to-
   (1) increase the understanding, assessment, development, and utilization of space
 resources by promoting a strong educational base, responsive research and training
 activities, and broad and prompt dissemination of knowledge and techniques;
   (2) utilize the abilities and talents of the universities of the Nation to support and
 contribute to the exploration and development of the resources and opportunities
 afforded by the space environment;
   (3) encourage and support the existence of interdisciplinary and multidisciplinary
 programs of space research within the university community of the Nation, to engage
 in integrated activities of training, research and public service, to have cooperative
 programs with industry, and to be coordinated with the overall program of the
 National Aeronautics and Space Administration;
   .(4) encourage and support the existence of consortia, made up of university and
 industry members, to advance the exploration and development of space resources in
 cases in which national objectives can be better fulfilled than through the programs of
 single universities;
   (5) encourage and support Federal funding for graduate fellowships in fields related
 to space; and
   (6) support activities in colleges and universities generally for the purpose of
 creating and operating a network of institutional programs that will enhance
 achievements resulting from efforts under this title.


SEC. 204. As used in this title, the term-
   (1) "Administration" means the National Aeronautics and Space Administration;
   (2) "Administrator" means the Administrator of the National Aeronautics and Space
Administration;
   (3) "aeronautical and space activities" has the meaning given to such term in section
 103(l) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2452(l));
   (4) "field related to space" means any academic discipline or field of study
 (including the physical, natural, and biological sciences, and engineering, space
 technology, education, economics, sociology, communications, planning, law,
 international affairs, and public administration) which is concerned with or likely to
 improve the understanding, assessment, development, and utilization of space;
    (5) "Panel" means the space grant review panel established pursuant to section 210
  of this title;
    (6) "person" means any individual, any public or private corporation, partnership, or
  other association or entity (including any space grant college, space grant regional
  consortium, institution of higher education, institute, or laboratory), or any State,
  political subdivision of a State, or agency or officer of a State or political subdivision
  of a State;
    (7) "space environment" means the environment beyond the sensible atmosphere of
  the Earth;
    (8) "space grant college" means any public or private institution of higher education
  which is designated as such by the Administrator pursuant to section 208 of this title;
    (9) "space grant program" means any program which-
      (A) is administered by any space grant college, space grant regional consortium,
      institution of higher education, institute, laboratory, or State or local agency; and
      (B) includes two or more projects involving education and one or more of the
following activities in the fields related to space --
             (i) research,
             (ii) training, or
             (iii) advisory services;
    (10) "space grant regional consortium", means any association or other alliance
which is designated as such by the Administrator pursuant to section 208 of this title;
        (11) "space resource" means any tangible or intangible benefit which can only be
realized from-
         (A) aeronautical and space activities; or
          (B) advancements in any field related to space; and
     (12) "State" means any State of the United States the District of Columbia, the
Commonwealth of Puerto Rico: the Virgin Islands, (.Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or any other territory or possession of
the United States.
 SEC. 205. (a) The Administrator shall establish and maintain, within the
Administration, a program to be known as the national space grant college and fellowship
program. The national space grant college and fellowship program shall consist of the
financial assistance and other activities provided for in this title. The Administrator shall
establish long-range planning guidelines and priorities, and adequately evaluate the
program.
  (b) Within the Administration, the program shall-
      (1) apply the long-range planning guidelines and the priorities
    established by the Administrator under subsection (a) of this section;
      (2) advise the Administrator with respect to the expertise and
    capabilities which are available through the national space grant college
    and fellowship program, and make such expertise available to the
    Administration as directed by the Administrator;
       (3) evaluate activities conducted under grants and contracts
     awarded pursuant to sections 206 and 207 of this title to assure that the
     purposes set forth in section 203 of this title are implemented;
       (4)    encourage     other   Federal     departments,    agencies,    and
     instrumentalities to use and take advantage of the expertise and
     capabilities 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 designation 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) To carry out the provisions of this title, the Administrator may-
       (1) accept conditional or unconditional gifts or donations of gift and 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.
  SEC. 206 (a) The Administrator may make grants and enter into contracts or other
transactions under this subsection to assist any Space grant and fellowship program or
project if the Administrator finds that such program or project will carry out the
purposes set forth in section 203 of this title. The total amount paid pursuant to any such
grant or contract may equal 66 percent, or any lesser percent, of the total cost of .the
space grant and fellowship program or project involved, except that this limitation shall
not apply in the case of grants or contracts paid for with funds accepted by the
Administrator pursuant to section 205(c)(2) of this title,.
  (b) The Administrator may make special grants under this subsection to carry out the
purposes set forth in section 203 of this title. The amount of any such grant may equal
100 percent, or any lesser percent, of the total cost of the project involved. No grant may
be made under this subsection, unless the Administrator finds that-
      (1) no reasonable means is available through which the applicant can meet the
   matching requirement. for a grant under subsection (a) of this section;
      (2) the probable benefit of such project outweighs the public interest in such
   matching requirement, and
      (3) the same or equivalent benefit cannot be obtained through the award of a
   contract or grant under subsection (a) of this section or section 207 of this title.
 (c) 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)(1) Any grant made, or contract entered into, under this section provisions set forth
in paragraphs (2) and (3) of this subsection and to such other terms, conditions and
requirements as the Administrator considers necessary or appropriate.
        (2) No payment under any grant or contract under this section may be applied to-
       (A) the purchase of any land;
       (B) the purchase, construction, preservation, or repair of any building- or
       (C) the purchase or construction of any launch facility or launch vehicle.

 (3) Notwithstanding paragraph (2) of this subsection, the items in subparagraphs (A),
(B), and (C) of such paragraph may be leased upon written approval of the
Administrator. . '
 (4) Any person who receives or utilizes any proceeds of any grant or contract under
this section shall keep such records as the Administrator shall by regulation prescribe as
being necessary and appropriate to facilitate effective audit and evaluation, including
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
proceeds were used, and the amount, if any, of such cost which was provided through
other sources. Such records shall be maintained for three years after the completion of
such a program or project. The Administrator and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have seem, for the purpose
of audit and evaluation, 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.
 SEC. 207. (a) The Administrator shall identify specific national 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 100 percent, or any lesser percent, of the total cost of the project
involved.
(b) Any person may apply to the Administrator for a grant or contract under this section.
in addition, the Administrator may invite applications with respect to specific national
needs or problems identified under subsection (a) of 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. Any grant made, or contract entered into,
under this section shall be subject to the limitations and provisions set forth in section
206(d) (2) and (4) of this title and to such other. terms, conditions, Administrator
considers necessary or appropriate
   SEC. 208. (a)(1) The Administrator may designate-
       (A) any institution of higher education as a space grant college; and
       (B) any association or other alliance of two or more persons, other
    than individuals, as a space grant regional consortium.
   (2) No institution of higher education may be designated as a space grant
 college, unless the Administrator 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 guidelines as are prescribed under subsection
(b)(2) of this section; and
       (C) meets such other qualifications as the Administrator considers necessary or
appropriate.
   (3) No association or other alliance of two 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 sharing expertise, research, educational
facilities or training facilities, and other capabilities in order to facilitate research,
education, 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 guidelines as are prescribed under
subsection (b)(2) of this section; and
        (D) meets such other qualifications as 'the Administrator considers necessary or
appropriate.
    (b) The Administrator shall by regulation prescribe--
        (1) the qualifications required to be met under subsection (a) (2)(C) and (3)(D) of
this section; and
        (2) guidelines relating to the activities and responsibilities of space grant colleges
and space grant regional consortia.
 (c) The Administrator may, for cause and after an opportunity for hearing, suspend or
terminate any designation under subsection (a) of this section.
 SEC. 209. (a) The Administrator shall support a space grant fellowship program to
provide educational and training assistance 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
individuals at space grant colleges, space grant regional consortia, other colleges and
institutions of higher education, professional associations, and institutes in such a manner
as to assure wide geographic and institutional diversity in the pursuit of research under
the fellowship program.
  (b) 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 title.
  (c) Nothing in this section shall be construed to prohibit the Administrator from
sponsoring any research fellowship program, including any special emphasis program,
which is established under an authority other than this title.
  SEC. 210. (a) The Administrator shall establish an independent committee known as
the space grant review panel, which shall not be subject to the provisions of the Federal
Advisory Committee Act (5 U.S.C. App. I et seq.; Public Law 92-463).
  (b) 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 performance under, grants and contracts
    awarded pursuant to sections 206 and 207 of this title;
       (2) the space grant fellowship program;
       (3) the designation and operation of space grant colleges and space grant regional
    consortia, and the operation of space grant and fellowship programs;
       (4) the formulation and application of the planning guidelines and priorities
    pursuant to section 205 (a) and (b)(l) of this title; and
       (5) such other matters as the Administrator refers to the panel for review and
    advice.
   (e) The Administrator shall make available to the panel any information,, personnel
and administrative services and assistance which is reasonable to carry out the duties of
the panel.
   (d)(l) The Administrator shall appoint the voting members of the panel. A majority of
the voting members shall be individuals who, by reason of knowledge, experience, or
training, are especially qualified in one or more of the disciplines and fields related to
space. The other voting members shall be individuals who, by reason of knowledge,
experience or training, are especially qualified in or representative of, education,
extension services, State government, industry, economics, planning, or any other
activity related to efforts to enhance the understanding, assessment, development, or
utilization of space resources. The Administrator shall consider the potential conflict of
interest of any individual in making appointments to the panel.
(2) The Administrator 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) Voting members of the panel who are not Federal employees shall be reimbursed for
actual and reasonable expenses incurred in the performance of such duties.
 (4) The panel shall meet on a biannual 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
Administrator.
 (5) The panel may exercise such powers as are reasonably necessary in order to carry
out the duties enumerated in subsection (b) of this section.
  SEC. 211. Each department, agency or other instrumentality of the             . Federal
Government which is engaged in or concerned with, or which has authority over, matters
relating to space-
  (1) may, upon a written request from the Administrator, make available, on a
reimbursable basis or otherwise, any personnel (with their consent and without prejudice
to their position and rating), service, or facility which the Administrator considers
necessary to carry out any provision of this title;
      (2) may, upon a written request from the Administrator, furnish any available data
or other information which the Administrator considers necessary to carry out any
provision of this title; and
      (3) may cooperate with the Administration.
  SEC. 212. (a) The Administrator shall submit to the Congress and        the President, not
later than January 1, 1989, and not later than February 15 of every odd-numbered year
thereafter, a report on the activities of the national space grant and fellowship program.
  (b) The Director of the Office of Management and Budget and the Director of the
Office of Science and Technology Policy in the Executive Office of the President shall
have the opportunity to review each report prepared pursuant to subsection (a), of this
section. Such Directors may submit, for inclusion in such report, comments and
recommendations and an independent evaluation of the national space grant college and
fellowship program. Such comments and recommendations shall be submitted to the
Administrator not later than 90 days before such a report is submitted pursuant to
subsection (a) of this section and the Administrator shall include such comments and
recommendations as a separate section in such report.
  SEC. 213. The Administrator shall not under this title designate any space grant college
or space grant regional consortium or award any fellowship, grant, or contract unless
such designation or award is made in accordance with the competitive, merit-based
review process employed by the Administration on the date of enactment of this Act.
   SEC. 214. (a) There are authorized to be appropriated for the purposes of carrying out
the provisions of this title sums not to exceed-

       (1) $10,000,000 for each of fiscal years 1988 and 1989; and
       (2) $15,000,000 for each of fiscal years 1990 and 1991.
   (b) Such sums as may be appropriated under this section shall remain available until
expended.