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 national space grant college and fellowship program, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘21st Century Space 

5 Grant Modernization Act of 2021’’. 

6 SEC. 2. NATIONAL SPACE GRANT COLLEGE AND FELLOW7 SHIP PROGRAM. 

8 (a) PURPOSES.—Section 40301 of title 51, United 

9 States Code, is amended— 


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1 (1) in paragraph (3)— 

2 (A) in subparagraph (B), by striking 

3 ‘‘and’’ at the end; 

4 (B) in subparagraph (C), by adding ‘‘and’’ 

5 after the semicolon at the end; and 

6 (C) by adding at the end the following: 

7 ‘‘(D) promote equally the State and re8 gional STEM interests of each space grant con9 sortium;’’; and 

10 (2) in paragraph (4), by striking ‘‘made up of 

11 university and industry members, in order to ad12 vance’’ and inserting ‘‘comprised of members of uni13 versities in each State and other entities, such as 2- 

14 year colleges, industries, science learning centers, 

15 museums, and government entities, to advance’’. 

16 (b) DEFINITIONS.—Section 40302 of title 51, United 

17 States Code, is amended— 

18 (1) by striking paragraph (3); 

19 (2) by inserting after paragraph (2) the fol20 lowing: 

21 ‘‘(3) LEAD INSTITUTION.—The term ‘lead insti22 tution’ means an entity in a State that— 

23 ‘‘(A) was designated by the Administrator 

24 under section 40306, as in effect on the day be25 fore the date of the enactment of the 21st CenVerDate Sep 11 2014 16:06 Feb 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S360.IS S360

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1 tury Space Grant Modernization Act of 2021; 

2 or 

3 ‘‘(B) is designated by the Administrator 

4 under section 40303(d)(3).’’; 

5 (3) in paragraph (4), by striking ‘‘space grant 

6 college, space grant regional consortium, institution 

7 of higher education,’’ and inserting ‘‘lead institution, 

8 space grant consortium,’’; 

9 (4) by striking paragraphs (6), (7), and (8); 

10 (5) by inserting after paragraph (5) the fol11 lowing: 

12 ‘‘(6) SPACE GRANT CONSORTIUM.—The term 

13 ‘space grant consortium’ means a statewide group, 

14 led by a lead institution, that has established part15 nerships with other academic institutions, industries, 

16 science learning centers, museums, and government 

17 entities to promote a strong educational base in the 

18 space and aeronautical sciences.’’; 

19 (6) by redesignating paragraph (9) as para20 graph (7); 

21 (7) in paragraph (7)(B), as so redesignated, by 

22 inserting ‘‘and aeronautics’’ after ‘‘space’’; 

23 (8) by striking paragraph (10); and 

24 (9) by adding at the end the following: 


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1 ‘‘(8) STEM.—The term ‘STEM’ means science, 

2 technology, engineering, and mathematics.’’. 

3 (c) PROGRAM OBJECTIVE.—Section 40303 of title 

4 51, United States Code, is amended— 

5 (1) by striking subsections (d) and (e); 

6 (2) by redesignating subsection (c) as sub7 section (e); and 

8 (3) by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b) PROGRAM OBJECTIVE.— 

11 ‘‘(1) IN GENERAL.—The Administrator shall 

12 carry out the national space grant college and fel13 lowship program with the objective of providing 

14 hands-on research, training, and education programs 

15 with measurable outcomes in each State, including 

16 programs to provide— 

17 ‘‘(A) internships, fellowships, and scholar18 ships; 

19 ‘‘(B) interdisciplinary hands-on mission 

20 programs and design projects; 

21 ‘‘(C) student internships with industry or 

22 university researchers or at centers of the Ad23 ministration; 

24 ‘‘(D) faculty and curriculum development 

25 initiatives; 


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1 ‘‘(E) university-based research initiatives 

2 relating to the Administration and the STEM 

3 workforce needs of each State; or 

4 ‘‘(F) STEM engagement programs for kin5 dergarten through grade 12 teachers and stu6 dents. 

7 ‘‘(2) PROGRAM PRIORITIES.—In carrying out 

8 the objective described in paragraph (1), the Admin9 istrator shall ensure that each program carried out 

10 by a space grant consortium under the national 

11 space grant college and fellowship program balances 

12 the following priorities: 

13 ‘‘(A) The space and aeronautics research 

14 needs of the Administration, including the mis15 sion directorates. 

16 ‘‘(B) The need to develop a national 

17 STEM workforce. 

18 ‘‘(C) The STEM workforce needs of the 

19 State. 

20 ‘‘(c) PROGRAM ADMINISTERED THROUGH SPACE

21 GRANT CONSORTIA.—The Administrator shall carry out 

22 the national space grant college and fellowship program 

23 through the space grant consortia. 

24 ‘‘(d) SUSPENSION; TERMINATION; NEW COMPETI25 TION.— 


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1 ‘‘(1) SUSPENSION.—The Administrator may, 

2 for cause and after an opportunity for hearing, sus3 pend a lead institution that was designated by the 

4 Administrator under section 40306, as in effect on 

5 the day before the date of the enactment of the 21st 

6 Century Space Grant Modernization Act of 2021. 

7 ‘‘(2) TERMINATION.—If the issue resulting in a 

8 suspension under paragraph (1) is not resolved with9 in a period determined by the Administrator, the 

10 Administrator may terminate the designation of the 

11 entity as a lead institution. 

12 ‘‘(3) NEW COMPETITION.—If the Administrator 

13 terminates the designation of an entity as a lead in14 stitution, the Administrator may initiate a new com15 petition in the applicable State for the designation of 

16 a lead institution.’’. 

17 (d) GRANTS.—Section 40304 of title 51, United 

18 States Code, is amended to read as follows: 

19 ‘‘§ 40304. Grants 

20 ‘‘(a) ELIGIBLE SPACE GRANT CONSORTIUM DE21 FINED.—In this section, the term ‘eligible space grant 

22 consortium’ means a space grant consortium that the Ad23 ministrator has determined— 


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1 ‘‘(1) has the capability and objective to carry 

2 out not fewer than 3 of the 6 programs under sec3 tion 40303(b)(1); 

4 ‘‘(2) will carry out programs that balance the 

5 priorities described in section 40303(b)(2); and 

6 ‘‘(3) is engaged in research, training, and edu7 cation relating to space and aeronautics. 

8 ‘‘(b) GRANTS.— 

9 ‘‘(1) IN GENERAL.—The Administrator shall 

10 award grants to the lead institutions of eligible space 

11 grant consortia to carry out the programs under sec12 tion 40303(b)(1). 

13 ‘‘(2) REQUEST FOR PROPOSALS.— 

14 ‘‘(A) IN GENERAL.—Not later than 180 

15 days after the date of the enactment of the 21st 

16 Century Space Grant Modernization Act of 

17 2021, the Administrator shall issue a request 

18 for proposals from space grant consortia for the 

19 award of grants under this section. 

20 ‘‘(B) APPLICATIONS.—A lead institution of 

21 a space grant consortium that seeks a grant 

22 under this section shall submit, on behalf of 

23 such space grant consortium, an application to 

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1 ner, and accompanied by such information as 

2 the Administrator may require. 

3 ‘‘(3) GRANT AWARDS.—The Administrator shall 

4 award 1 or more 5-year grants, disbursed in annual 

5 installments, to the lead institution of the eligible 

6 space grant consortium of— 

7 ‘‘(A) each State; 

8 ‘‘(B) the District of Columbia; and 

9 ‘‘(C) the Commonwealth of Puerto Rico. 

10 ‘‘(4) USE OF FUNDS.—A grant awarded under 

11 this section shall be used by an eligible space grant 

12 consortium to carry out not fewer than 3 of the 6 

13 programs under section 40303(b)(1). 

14 ‘‘(c) ALLOCATION OF FUNDING.— 

15 ‘‘(1) PROGRAM IMPLEMENTATION.— 

16 ‘‘(A) IN GENERAL.—To carry out the ob17 jective described in section 40303(b)(1), of the 

18 funds made available under section 40306 each 

19 fiscal year for the national space grant college 

20 and fellowship program, the Administrator shall 

21 allocate not less than 85 percent as follows: 

22 ‘‘(i) The 52 eligible space grant con23 sortia shall each receive an equal share. 

24 ‘‘(ii) The territories of Guam and the 

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ceive funds equal to approximately 1 1 ⁄5 of 

2 the share for each eligible space grant con3 sortia. 

4 ‘‘(B) MATCHING REQUIREMENT.—Each el5 igible space grant consortium shall match the 

6 funds allocated under subparagraph (A)(i) on a 

7 basis of not less than 1 non-Federal dollar for 

8 every 1 Federal dollar, except that any program 

9 funded under paragraph (3) or any program to 

10 carry out 1 or more internships or fellowships 

11 shall not be subject to that matching require12 ment. 

13 ‘‘(2) PROGRAM ADMINISTRATION.— 

14 ‘‘(A) IN GENERAL.—Of the funds made 

15 available under section 40306 each fiscal year 

16 for the national space grant college and fellow17 ship program, the Administrator shall allocate 

18 not more than 10 percent for the administra19 tion of the program. 

20 ‘‘(B) COSTS COVERED.—The funds allo21 cated under subparagraph (A) shall cover all 

22 costs of the Administration associated with the 

23 administration of the national space grant col24 lege and fellowship program, including— 


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1 ‘‘(i) direct costs of the program, in2 cluding costs relating to support services 

3 and civil service salaries and benefits; 

4 ‘‘(ii) indirect general and administra5 tive costs of centers and facilities of the 

6 Administration; and 

7 ‘‘(iii) indirect general and administra8 tive costs of the Administration head9 quarters. 

10 ‘‘(3) SPECIAL PROGRAMS.—Of the funds made 

11 available under section 40306 each fiscal year for 

12 the national space grant college and fellowship pro13 gram, the Administrator shall allocate not more than 

14 5 percent to the lead institutions of space grant con15 sortia established as of the date of the enactment of 

16 the 21st Century Space Grant Modernization Act of 

17 2021 for grants to carry out innovative approaches 

18 and programs to further science and education relat19 ing to the missions of the Administration and STEM 

20 disciplines. 

21 ‘‘(d) TERMS AND CONDITIONS.— 

22 ‘‘(1) LIMITATIONS.—Amounts made available 

23 through a grant under this section may not be ap24 plied to— 

25 ‘‘(A) the purchase of land; 


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1 ‘‘(B) the purchase, construction, preserva2 tion, or repair of a building; or 

3 ‘‘(C) the purchase or construction of a 

4 launch facility or launch vehicle. 

5 ‘‘(2) LEASES.—Notwithstanding paragraph (1), 

6 land, buildings, launch facilities, and launch vehicles 

7 may be leased under a grant on written approval by 

8 the Administrator. 

9 ‘‘(3) RECORDS.— 

10 ‘‘(A) IN GENERAL.—Any person that re11 ceives or uses the proceeds of a grant under 

12 this section shall keep such records as the Ad13 ministrator shall by regulation prescribe as 

14 being necessary and appropriate to facilitate ef15 fective audit and evaluation, including records 

16 that fully disclose the amount and disposition 

17 by a recipient of such proceeds, the total cost 

18 of the program or project in connection with 

19 which such proceeds were used, and the 

20 amount, if any, of such cost that was provided 

21 through other sources. 

22 ‘‘(B) MAINTENANCE OF RECORDS.— 

23 Records under subparagraph (A) shall be main24 tained for not less than 3 years after the date 

25 of completion of such a program or project. 


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1 ‘‘(C) ACCESS.—For the purpose of audit 

2 and evaluation, the Administrator and the 

3 Comptroller General of the United States shall 

4 have access to any books, documents, papers, 

5 and records of receipts relating to a grant 

6 under this section, as determined by the Admin7 istrator or Comptroller General.’’. 

8 (e) PROGRAM STREAMLINING.—Title 51, United 

9 States Code, is amended— 

10 (1) by striking sections 40305 through 40308, 

11 40310, and 40311; and 

12 (2) by redesignating section 40309 as section 

13 40305. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—Title 51, 

15 United States Code, is amended by adding after section 

16 40305, as redesignated by subsection (e)(2), the following: 

17 ‘‘§ 40306. Authorization of appropriations 

18 ‘‘There are authorized to be appropriated such sums 

19 as may be necessary to carry out the national space grant 

20 college and fellowship program.’’. 

21 (g) CONFORMING AMENDMENT.—The table of sec22 tions at the beginning of chapter 403 of title 51, United 

23 States Code, is amended by striking the items relating to 

24 sections 40304 through 40311 and inserting the following: 

‘‘40304. Grants. 


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‘‘40305. Availability of other Federal personnel and data. 

‘‘40306. Authorization of appropriations.’’. 

Æ 


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