HouseH.R. 9193119th Congress
Powering the Future of American Space Dominance Act
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[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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