Powering the Future of American Space Dominance Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9193 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9193

To advance NASA's use of nuclear propulsion and power systems for deep
               space exploration, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2026

   Mr. Kennedy of Utah (for himself and Mr. Moore of North Carolina)
 introduced the following bill; which was referred to the Committee on
                     Science, Space, and Technology

_______________________________________________________________________

                                 A BILL

To advance NASA's use of nuclear propulsion and power systems for deep
               space exploration, 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 ``Powering the Future of American
Space Dominance Act''.

SEC. 2. SPACE NUCLEAR POWER AND PROPULSION SYSTEMS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) space nuclear systems are a key enabling technology for
        deep space human and robotic missions;
            (2) development of space nuclear systems will require long-
        term commitment and investment;
            (3) advancing space nuclear systems could support the
        National Aeronautics and Space Administration's (NASA's)
        efforts to ensure technological readiness for Moon and Mars
        missions and other deep space exploration;
            (4) radioisotope heater units and electric radioisotope
        power systems represent proven, near-term technologies capable
        of enabling lunar night survival and sustained surface
        operations; and
            (5) NASA and the Department of Energy have a long history
        of collaboration on the development of space nuclear power and
        propulsion systems.
    (b) Plans.--Not later than 180 days after the date of the enactment
of this Act, the Administrator shall submit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate an
update to each of the plans required under subsections (a)(3) and
(b)(2) of section 10841 of the National Aeronautics and Space
Administration Authorization Act of 2022 (51 U.S.C. 20301 note), which
shall include information relating to the following:
            (1) The status of and progress made with respect to the
        space nuclear propulsion program under subsection (a)(2) of
        such section.
            (2) An assessment of the potential near-term use cases of
        nuclear systems for NASA missions, including how such systems
        could be used on commercial lunar payload services missions for
        lunar night survival, and an estimate of associated costs.
            (3) The status of the in-space demonstration of a nuclear
        propulsion system in the late 2020s, including remaining
        milestones and estimated dates for completion of each such
        milestone.
            (4) A proposed phased program for use of radioisotope
        heater units and electric radioisotope power systems to further
        the goals of the Moon to Mars Program and the commercial lunar
        payload services program, including the following:
                    (A) Demonstrations of radioisotope heater units for
                lunar night survival by not later than December 31,
                2028, and of radioisotope power systems by not later
                than December 31, 2030.
                    (B) Routine use of such systems for lunar night
                survival and operations by not later than December 31,
                2032.
            (5) A description of follow-on activities for the Harmonia
        Radioisotope Power System project for demonstration and
        deployments, including a timeline and plan for first deployment
        on the lunar surface.
            (6) An assessment of the readiness to launch a derivative
        fission surface power system by December 31, 2030, for
        deployment on the surface of the Moon.
            (7) A description of current and planned NASA efforts to
        engage with Federal departments and agencies and private sector
        entities on the development and demonstration of space nuclear
        systems and technologies.
            (8) A plan for the use of previously developed NASA
        hardware, as appropriate.
    (c) Lessons Learned Assessment.--Not later than 180 days after the
date of the enactment of this Act, the Administrator shall submit to
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a lessons learned assessment derived from
the joint NASA-DARPA Demonstration Rocket for Agile Cislunar Operations
program. Such assessment shall identify the following:
            (1) The technical, programmatic, governance, acquisition,
        and interagency coordination failures that contributed to the
        inability to execute a flight demonstration.
            (2) The corrective actions the Administrator of NASA has
        taken or will take to prevent recurrence of such failures in
        future space nuclear power and propulsion programs.

SEC. 3. LUNAR SURFACE POWER.

    (a) Findings.--Congress makes the following findings:
            (1) Increased access to reliable power could further NASA
        goals of carrying out robust human and robotic exploration of
        the Moon and other deep space destinations.
            (2) Commercial entities seek to deploy technologies such as
        solar arrays, nuclear reactors, and radioisotope power systems
        to the surface of the Moon for the purpose of providing power
        for lunar activities.
            (3) Leveraging commercially developed power infrastructure
        to carry out Moon to Mars program activities could allow NASA
        to increase efficiency and reduce costs of such missions, and
        encourage commercial entities to accelerate the deployment of
        lunar power sources.
    (b) Report on Power Demand.--
            (1) In general.--Not later than 120 days after the date of
        the enactment of this Act, the Administrator of NASA shall
        submit to the Committee on Science, Space, and Technology of
        the House of Representatives, the Committee on Commerce,
        Science, and Transportation of the Senate, and the non-
        governmental entity under subsection (c) a report that
        forecasts the demand for power, including heat and electricity,
        of NASA for operations on the lunar surface during the 10-year
        period beginning on such date of enactment.
            (2) Elements.--The report required under paragraph (1)
        shall--
                    (A) consider the power demand of NASA for
                operations on the lunar surface for--
                            (i) near-term exploration activities;
                            (ii) long-duration surface activities; and
                            (iii) activities intended to be conducted
                        throughout the lunar night; and
                    (B) include an assessment of--
                            (i) the projected power needs for both
                        human and robotic NASA operations on the lunar
                        surface; and
                            (ii) an assessment of the power needs of
                        commercial entities engaged in activities to
                        support NASA operations.
            (3) Form.--The report required under paragraph (1) shall be
        submitted in unclassified form but may include a classified
        annex.
    (c) Lunar Power Purchase Agreement Feasibility Study.--
            (1) In general.--The Administrator of NASA may enter into
        an arrangement with an non-governmental entity with appropriate
        expertise to conduct a study evaluating the feasibility of
        using power purchase agreements to facilitate the private
        sector development and deployment of lunar surface power
        capabilities.
            (2) Contents.--The study conducted under paragraph (1)
        shall consider the results of the report required under
        subsection (b), and may include the following:
                    (A) An identification of facilities and technical
                capabilities needed to support lunar surface power
                production.
                    (B) A description and assessment of the types and
                technical readiness of technologies that could be used
                to provide the United States with access to lunar
                surface power, and an estimated timeline of
                availability of such technologies.
                    (C) An identification of lessons learned from
                Federal Government experience with power purchase
                agreements, including a description of any relevant
                Federal Government use of such agreements, and a
                description of how such lessons learned could inform or
                be applied to future such agreements.
                    (D) Potential policy and legal issues associated
                with lunar power purchase agreements between providers
                and the Federal Government, international partners, and
                other private sector entities.
            (3) Report.--Not later than two years after the date of the
        enactment of this Act, the Administrator of NASA shall submit
        to the appropriate committees of Congress a report that
        describes the results of the study under paragraph (1).
    (d) Agreements.--
            (1) In general.--Based on the results of the report under
        subsection (b), the study under subsection (c), and
        consultation under each of such subsections, the Administrator
        of NASA may, through an open and competitive solicitation
        process, enter into an agreement with not fewer than two
        private sector entities that utilize not fewer than two
        different energy technologies, for the purpose of procuring
        power systems or acquiring power on the lunar surface.
            (2) Terms.--The Administrator of NASA shall ensure any
        agreement entered into under paragraph (1) satisfies the
        following:
                    (A) Includes the right of the Administrator to
                terminate such agreement if the private sector entity
                concerned is unable to commence the delivery of power
                on the lunar surface by the date that is four years
                after the date on which such an agreement is entered
                into.
                    (B) Does not allow for payment in excess of ten
                percent of the contract value to be made before power
                is provided to NASA, or a NASA-sponsored entity, on the
                lunar surface.
            (3) Sunset.--
                    (A) In general.--The authority to enter into
                agreements under paragraph (1) shall terminate on
                October 1, 2030.
                    (B) Saving provision.--An agreement entered into
                under paragraph (1) that is entered into before the
                date of termination specified in subparagraph (A)--
                            (i) shall not be affected by such
                        termination; and
                            (ii) shall continue until the conclusion of
                        such agreement.
    (e) Coordination.--In preparing the report under subsection (b)(1)
and conducting the study under subsection (c)(1), the Administrator of
NASA may consult with the following:
            (1) The Lunar Surface Innovation Consortium.
            (2) The Secretary of Energy, the Secretary of Commerce, and
        the heads of other Federal departments or agencies, as
        determined appropriate by the Administrator.
            (3) International partners.
            (4) Relevant private sector entities.

SEC. 4. REPORT RISK MANAGEMENT APPROACHES FOR COMMERCIAL PARTNERS
              SUPPORTING NASA SPACE NUCLEAR ACTIVITIES.

    (a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of NASA, in consultation with
the head of any other appropriate Federal agency, shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report reviewing existing frameworks
for, and proposing new frameworks for, indemnification of commercial
partners supporting NASA space nuclear activities.
    (b) Elements.--The report required under subsection (a) shall
include the following:
            (1) An evaluation of the existing statutory and regulatory
        authorities under which NASA or another appropriate Federal
        agency may provide indemnification or other liability
        protection related to the use of space nuclear systems.
            (2) An identification of gaps, or areas lacking clarity on
        implementation, in the current indemnification framework for
        civil activities involving commercial partners, including
        relating to the following:
                    (A) Radioisotope power systems.
                    (B) Fission surface power systems.
                    (C) Nuclear electric or thermal propulsion systems.
            (3) An assessment of potential solutions to address such
        gaps or areas, or otherwise enable use of existing authorities,
        including relating to the following:
                    (A) Indemnification under section 20138 of title
                51, United States Code, and Public Law 85-804 (50
                U.S.C. 1431 et seq.).
                    (B) The applicability of authorities under part 440
                of title 14, Code of Federal Regulations, for nuclear
                systems launched on commercially procured launch
                vehicles.
                    (C) Extension of coverage under section 170 of the
                Atomic Energy Act of 1954 (42 U.S.C. 2210).
            (4) Recommendations for legislative or regulatory changes
        to ensure appropriate use of existing indemnification
        mechanisms, or for the development of new statutory authorities
        or risk-sharing mechanisms, for commercial partners supporting
        NASA space nuclear activities.
    (c) Scope.--The report required under subsection (a) shall address
indemnification considerations for the following:
            (1) United States Government-sponsored missions.
            (2) Missions conducted through public-private partnerships
        and commercially procured services, including technology
        demonstrations and operational capability deployments in
        cislunar space, on the lunar surface, or beyond low-Earth
        orbit.
    (d) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may include a classified annex.
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