S3198-119

1. Short title This Act may be cited as the Space Research And Continuing Exploration Act or Space RACE Act.

2. Definitions In this Act: The term Administrator means the Administrator of the National Aeronautics and Space Administration. The term Institute means the National Institute for Space Research established under section 3. The term ISS means the International Space Station. The term microgravity research means research and development conducted while in orbit in space. The term qualified national microgravity project— means a project led by a nongovernmental entity using a next-generation microgravity platform that reflects 1 or more microgravity research and development priorities of the United States Government, as identified by the Institute; and includes a project with United States Government funding or subsidy that— is led by 1 or more— institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); students; or nonprofit organizations; or is— a commercial venture; or a joint project with the United States Government, of which the United States Government— is not the lead party for the project; and serves in a supporting role. The term research project means an in-space research and development project that— uses a next-generation microgravity platform; reflects national priorities of the United States; and is led, funded, or sponsored by a department or agency of the United States Government other than the National Aeronautics and Space Administration. The term special Government employee has the meaning given the term in section 202(a) of title 18, United States Code, except that for purposes of this Act, such an employee may be retained, designated, appointed, or employed to perform, with or without compensation, for more than 130 days during a 365-day period.

3. National Institute for Space Research Not earlier than January 1, 2026, and subject to appropriations, the Administrator may establish a National Institute for Space Research, which shall be operated by a non-Federal entity under a contractual agreement with the Administrator, to support— the use of in-space research and development capabilities and facilities available on next-generation microgravity platforms; the use of in-space research and development capabilities for United States national security purposes; the United States microgravity ecosystem in preparation for the decommissioning of the ISS; education and workforce development in the United States with respect to space research; and the transition of United States microgravity research and development from the ISS to next-generation microgravity platforms. The Institute shall have a Board of Directors (referred to in this section as the Board). The Board shall be composed of the following: An employee of the National Aeronautics and Space Administration, who shall— be appointed by the Administrator; and serve as Chairperson of the Board. An employee of the Office of Science and Technology Policy, appointed by the Science Advisor to the President. An employee of the Department of Commerce, appointed by the Secretary of Commerce, to represent perspectives of the National Institute of Standards and Technology and the National Oceanic and Atmospheric Administration. An employee of the Department of Education, appointed by the Secretary of Education. An employee of the National Science Foundation, appointed by the Director of the National Science Foundation. An employee of the National Institutes of Health, appointed by the Director of the National Institutes of Health. An employee appointed by the President of the National Academy of Sciences and who shall be considered a special government employee. An employee of the Food and Drug Administration, appointed by the Commissioner of the Food and Drug Administration. An employee of the Department of Energy, appointed by the Secretary of Energy. An employee of the Department of Defense, appointed by the Secretary of Defense. A qualified scientist with professional experience in space research and development, who shall be— appointed by the Chairperson; and considered a special Government employee. A qualified professional with executive management experience in the aerospace industry, who shall be— appointed by the Chairperson; and considered a special government employee. A member of the Board shall be appointed for a term of 6 years, except that of the members first appointed, so as to stagger the terms— the Chairperson shall be appointed for a term of 6 years; each member appointed under subparagraphs (B) through (E) of paragraph (2) shall be appointed for a term of 2 years; each member appointed under subparagraphs (F) through (J) of paragraph (2) shall be appointed for a term of 4 years; and each remaining member shall be appointed for a term of 6 years. No member of the Board shall have a financial interest (including an employment relationship) in an entity seeking a grant or cooperative agreement under this section. The Board shall establish a code of conduct to govern the behavior of the Board, which shall— include avoidance of conflicts of interest; and use the Federal Standards of Conduct for all members of the Board. In the case of a vacancy on the Board, not later than 90 days after the vacancy occurs, the vacancy shall be filled in the manner in which the original appointment was made. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. The duties of the Board shall be— to develop all budget requests, policies, and standard operating procedures of the Institute; to supervise the operations of the Institute; to appoint and supervise an Executive Director for the Institute; to set research priorities for the Institute; and for fiscal year 2028 and each fiscal year thereafter, to submit to the appropriate committees of Congress a budget request for Institute operations, including grants or cooperative agreements under subsection (e). In this paragraph, the term appropriate committees of Congress means— the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Appropriations and the Committee on Science, Space, and Technology of the House of Representatives. None of the amounts made available for the Institute may be used to provide compensation to any member of the Board. Nothing in this section may be construed to authorize the Institute to regulate, review, or otherwise oversee a microgravity project of an private entity unless the private entity is a recipient of Federal funds. The Institute shall be headed by an Executive Director, who— shall be knowledgeable in matters relating to microgravity research opportunities; shall be appointed and supervised by the Board; and shall serve at the pleasure of the Board until such time as the Board considers appropriate. In making an appointment for the Executive Director, the Board shall consider an individual's technical qualifications, professional standing, and demonstrated knowledge in the field of health, advanced manufacturing, research, or engineering. The Executive Director shall— ensure the efficient and transparent implementation of this Act; and in coordination with the Board, carry out activities of the Institute. The Executive Director may enter into a contract with a nongovernmental entity to staff additional personnel to implement and oversee the activities carried out by the Institute under subsection (d). The Chairperson of the Board may fix the compensation of the Executive Director. The Institute shall— identify, publish, and maintain a current list of next-generation microgravity platforms available for use by the Institute; develop and implement guidelines and project selection criteria, and engage with relevant entities, for use of next-generation microgravity platforms by all microgravity research projects and qualified national microgravity projects of Government agencies; provide competitively awarded grants or cooperative agreements to facilitate the development of research projects and qualified national microgravity projects, with matching funds, as described in subsection (e); facilitate cooperation among the National Aeronautics and Space Administration, other Government departments and agencies, the States, and academia so as to ensure the enhancement and sustained operations of the Institute; coordinate flight opportunities on next-generation microgravity platforms, subject to the availability of appropriations, for any research project or qualified national microgravity project— considered to be sensitive to the national interest of the United States; and that reflects the microgravity priorities of the United States; and coordinate with the National Aeronautics and Space Administration, the ISS National Laboratory, next-generation microgravity platform providers, and researchers to gather lessons learned that may be used to support the transition of United States microgravity research and development from the ISS National Laboratory to a new structure. The Institute, in coordination with Government entities represented on the Board, shall coordinate microgravity research projects and qualified national microgravity projects on next generation microgravity platforms. Subject to the availability appropriations, the Institute may award any appropriated grants to, or enter into cooperative agreements with, eligible entities on a competitive basis for the purpose of conducting microgravity research and development projects using next-generation microgravity platforms. An entity seeking a grant under this subsection for any research project or qualified national microgravity project shall submit to the Institute an application at such time, in such a manner, and containing such information as may be reasonably required and made available to the public on the internet website of the Institute With respect to a proposed research project or qualified national microgravity project for which a entity submits an application under this subsection, the Institute shall not make application information available to the public under clause (i) if— disclosure of such information presents a national security risk; or the application contains proprietary information. To be approved for a grant under this subsection, an application for proposed project shall demonstrate the manner in which the project advances sound scientific principles and aligns with the national scientific priorities and interests of the Government. Entities eligible for a grant under this subsection include domestic— public entities; private entities; nonprofit organizations; and for-profit organizations. The Institute, in consultation with the Board, may partner with Government entities to co-fund (or otherwise support grants awarded by other Government entities), on a competitive basis and subject to the availability of appropriations, research projects and qualified national microgravity projects for the purpose of promoting microgravity research and development projects using next-generation microgravity platforms. The recipient of a grant under this subsection may contract with any next-generation microgravity platform unless the Board determines that the project concerned is sensitive to the national interest of the United States. In the case of a determination that such a project is sensitive to the national interest of the United States, in the Administrator shall coordinate with the grant recipient and the Institute to allow the grant recipient to use the allocated crew time of the National Aeronautics and Space Administration onboard a next-generation microgravity platform, as available. Use by a grant recipient of allocated crew time under clause (i) may exceed 50 percent of such crew time. The head of a Government agency may— within an appropriated grant, award to the Institute or an eligible entity described in paragraph (3) 1 or more subgrants for space research; and consult with the Institute for technical assistance, enter into a partnership with the Institute, and coordinate with the Institute for purposes of evaluate microgravity research and development projects. Notwithstanding any other provision of law, the Institute shall not interfere with any agreement between the United States Government and a microgravity platform provider with respect to the conduct of research and development activities in partnership with any Federal entity other than the Institute. The Institute shall, to the extent practicable, implement a policy that seeks to administer the activities of the Institute in a manner that places minimal costs, constraints, and burdens on other authorized activities. Notwithstanding any other provision of law, nothing in this section may be construed to constrain a department or agency of the United States Government from entering into an agreement with a next-generation microgravity platform provider other than through a grant provided by the Institute. The Administrator is authorized to provide funds for the implementation of the activities described in this section, subject to appropriations and compliance with this Act. Not more than 5 percent of the amounts provided pursuant to paragraph (1) may be used for administrative expenses of the Institute, including staff salaries.

4. ISS national laboratory and ISS cooperative agreement Not later than 180 days after ISS research operations have ceased, the Administrator shall terminate the ISS National Laboratory and the cooperative agreement with the ISS management entity under section 504(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(a)).