Page:United States Statutes at Large Volume 124.djvu/3411

 124 STAT. 3385 PUBLIC LAW 111–314—DEC. 18, 2010 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 requirement for a grant under subsection (a); (2) the probable benefit of the project outweighs the public interest in the matching requirement; 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 contract entered into, under this section shall be subject to the limitations and provi- sions set forth in paragraphs (2) and (3) and to such other terms, conditions, and requirements as the Administrator con- siders necessary or appropriate. (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, preservation, 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 pro- ceeds 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 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 author- ized representatives, shall have access, 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. § 40305. Specific national needs (a) IDENTIFICATION OF SPECIFIC NEEDS AND GRANT-MAKING AND CONTRACTING AUTHORITY.—The Administrator shall identify spe- cific national needs and problems relating to space. The Adminis- trator 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.