H.R. 9193

[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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