[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3198 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 3198

 To establish the National Institute for Space Research, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2025

 Mr. Cornyn (for himself, Mr. Hickenlooper, Mr. Wicker, Mr. Lujan, and 
  Mr. Kelly) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To establish the National Institute for Space Research, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Space Research And Continuing 
Exploration Act'' or ``Space RACE Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.
            (2) Institute.--The term ``Institute'' means the National 
        Institute for Space Research established under section 3.
            (3) ISS.--The term ``ISS'' means the International Space 
        Station.
            (4) Microgravity research.--The term ``microgravity 
        research'' means research and development conducted while in 
        orbit in space.
            (5) Qualified national microgravity project.--The term 
        ``qualified national microgravity project''--
                    (A) 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
                    (B) includes a project with United States 
                Government funding or subsidy that--
                            (i) is led by 1 or more--
                                    (I) institutions of higher 
                                education (as defined in section 101 of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1001));
                                    (II) students; or
                                    (III) nonprofit organizations; or
                            (ii) is--
                                    (I) a commercial venture; or
                                    (II) a joint project with the 
                                United States Government, of which the 
                                United States Government--
                                            (aa) is not the lead party 
                                        for the project; and
                                            (bb) serves in a supporting 
                                        role.
            (6) Research project.--The term ``research project'' means 
        an in-space research and development project that--
                    (A) uses a next-generation microgravity platform;
                    (B) reflects national priorities of the United 
                States; and
                    (C) is led, funded, or sponsored by a department or 
                agency of the United States Government other than the 
                National Aeronautics and Space Administration.
            (7) Special government employee.--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.

SEC. 3. NATIONAL INSTITUTE FOR SPACE RESEARCH.

    (a) Establishment.--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--
            (1) the use of in-space research and development 
        capabilities and facilities available on next-generation 
        microgravity platforms;
            (2) the use of in-space research and development 
        capabilities for United States national security purposes;
            (3) the United States microgravity ecosystem in preparation 
        for the decommissioning of the ISS;
            (4) education and workforce development in the United 
        States with respect to space research; and
            (5) the transition of United States microgravity research 
        and development from the ISS to next-generation microgravity 
        platforms.
    (b) Board of Directors.--
            (1) In general.--The Institute shall have a Board of 
        Directors (referred to in this section as the ``Board'').
            (2) Membership.--The Board shall be composed of the 
        following:
                    (A) An employee of the National Aeronautics and 
                Space Administration, who shall--
                            (i) be appointed by the Administrator; and
                            (ii) serve as Chairperson of the Board.
                    (B) An employee of the Office of Science and 
                Technology Policy, appointed by the Science Advisor to 
                the President.
                    (C) 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.
                    (D) An employee of the Department of Education, 
                appointed by the Secretary of Education.
                    (E) An employee of the National Science Foundation, 
                appointed by the Director of the National Science 
                Foundation.
                    (F) An employee of the National Institutes of 
                Health, appointed by the Director of the National 
                Institutes of Health.
                    (G) An employee appointed by the President of the 
                National Academy of Sciences and who shall be 
                considered a special government employee.
                    (H) An employee of the Food and Drug 
                Administration, appointed by the Commissioner of the 
                Food and Drug Administration.
                    (I) An employee of the Department of Energy, 
                appointed by the Secretary of Energy.
                    (J) An employee of the Department of Defense, 
                appointed by the Secretary of Defense.
                    (K) A qualified scientist with professional 
                experience in space research and development, who shall 
                be--
                            (i) appointed by the Chairperson; and
                            (ii) considered a special Government 
                        employee.
                    (L) A qualified professional with executive 
                management experience in the aerospace industry, who 
                shall be--
                            (i) appointed by the Chairperson; and
                            (ii) considered a special government 
                        employee.
            (3) Terms.--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--
                    (A) the Chairperson shall be appointed for a term 
                of 6 years;
                    (B) each member appointed under subparagraphs (B) 
                through (E) of paragraph (2) shall be appointed for a 
                term of 2 years;
                    (C) each member appointed under subparagraphs (F) 
                through (J) of paragraph (2) shall be appointed for a 
                term of 4 years; and
                    (D) each remaining member shall be appointed for a 
                term of 6 years.
            (4) Conflicts of interest.--
                    (A) In general.--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.
                    (B) Code of conduct.--The Board shall establish a 
                code of conduct to govern the behavior of the Board, 
                which shall--
                            (i) include avoidance of conflicts of 
                        interest; and
                            (ii) use the Federal Standards of Conduct 
                        for all members of the Board.
            (5) Vacancies.--
                    (A) In general.--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.
                    (B) Filling unexpired term.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
            (6) Duties.--
                    (A) In general.--The duties of the Board shall be--
                            (i) to develop all budget requests, 
                        policies, and standard operating procedures of 
                        the Institute;
                            (ii) to supervise the operations of the 
                        Institute;
                            (iii) to appoint and supervise an Executive 
                        Director for the Institute;
                            (iv) to set research priorities for the 
                        Institute; and
                            (v) 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).
                    (B) Appropriate committees of congress defined.--In 
                this paragraph, the term ``appropriate committees of 
                Congress'' means--
                            (i) the Committee on Appropriations and the 
                        Committee on Commerce, Science, and 
                        Transportation of the Senate; and
                            (ii) the Committee on Appropriations and 
                        the Committee on Science, Space, and Technology 
                        of the House of Representatives.
            (7) Prohibition on use of funds for compensation.--None of 
        the amounts made available for the Institute may be used to 
        provide compensation to any member of the Board.
            (8) Rule of construction.--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.
    (c) Executive Director.--
            (1) In general.--The Institute shall be headed by an 
        Executive Director, who--
                    (A) shall be knowledgeable in matters relating to 
                microgravity research opportunities;
                    (B) shall be appointed and supervised by the Board; 
                and
                    (C) shall serve at the pleasure of the Board until 
                such time as the Board considers appropriate.
            (2) Appointment.--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.
            (3) Duties.--The Executive Director shall--
                    (A) ensure the efficient and transparent 
                implementation of this Act; and
                    (B) in coordination with the Board, carry out 
                activities of the Institute.
            (4) Appointment of staff.--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).
            (5) Compensation.--The Chairperson of the Board may fix the 
        compensation of the Executive Director.
    (d) Activities.--The Institute shall--
            (1) identify, publish, and maintain a current list of next-
        generation microgravity platforms available for use by the 
        Institute;
            (2) 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;
            (3) 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);
            (4) 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;
            (5) coordinate flight opportunities on next-generation 
        microgravity platforms, subject to the availability of 
        appropriations, for any research project or qualified national 
        microgravity project--
                    (A) considered to be sensitive to the national 
                interest of the United States; and
                    (B) that reflects the microgravity priorities of 
                the United States; and
            (6) 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.
    (e) Grants or Cooperative Agreements.--
            (1) Coordination of projects.--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.
            (2) Award of grants.--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.
            (3) Applications.--
                    (A) Submission of materials.--
                            (i) In general.--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
                            (ii) Exception.--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--
                                    (I) disclosure of such information 
                                presents a national security risk; or
                                    (II) the application contains 
                                proprietary information.
                    (B) Contents.--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.
            (4) Eligible entities.--Entities eligible for a grant under 
        this subsection include domestic--
                    (A) public entities;
                    (B) private entities;
                    (C) nonprofit organizations; and
                    (D) for-profit organizations.
            (5) Partnerships.--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.
            (6) Use of next-generation microgravity platforms.--
                    (A) In general.--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.
                    (B) Coordination.--
                            (i) In general.--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.
                            (ii) Limitation.--Use by a grant recipient 
                        of allocated crew time under clause (i) may 
                        exceed 50 percent of such crew time.
            (7) Federal grants and consultation.--The head of a 
        Government agency may--
                    (A) within an appropriated grant, award to the 
                Institute or an eligible entity described in paragraph 
                (3) 1 or more subgrants for space research; and
                    (B) 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.
    (f) Prohibition on Interference With Government-Funded 
Activities.--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.
    (g) Minimizing Costs, Constraints and Burdens on Other 
Activities.--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.
    (h) Rule of Construction.--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.
    (i) Funds Authorized.--
            (1) In general.--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.
            (2) Administrative expenses.--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.

SEC. 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)).
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