Section 1 Short title
This Act may be cited as the “Powering the Future of American Space Dominance Act”.
Powering the Future of American Space Dominance Act
A BILL
To advance NASA’s use of nuclear propulsion and power systems for deep space exploration, and for other purposes.
Sec. 2 Space nuclear power and propulsion systems
Sense of Congress— It is the sense of Congress that—
space nuclear systems are a key enabling technology for deep space human and robotic missions;
development of space nuclear systems will require long-term commitment and investment;
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;
radioisotope heater units and electric radioisotope power systems represent proven, near-term technologies capable of enabling lunar night survival and sustained surface operations; and
NASA and the Department of Energy have a long history of collaboration on the development of space nuclear power and propulsion systems.
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:
The status of and progress made with respect to the space nuclear propulsion program under subsection (a)(2) of such section.
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.
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.
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:
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.
Routine use of such systems for lunar night survival and operations by not later than December 31, 2032.
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.
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.
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.
A plan for the use of previously developed NASA hardware, as appropriate.
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:
The technical, programmatic, governance, acquisition, and interagency coordination failures that contributed to the inability to execute a flight demonstration.
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
Findings— Congress makes the following findings:
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.
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.
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.
Report on power demand—
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.
Elements— The report required under paragraph (1) shall—
consider the power demand of NASA for operations on the lunar surface for—
near-term exploration activities;
long-duration surface activities; and
activities intended to be conducted throughout the lunar night; and
include an assessment of—
the projected power needs for both human and robotic NASA operations on the lunar surface; and
an assessment of the power needs of commercial entities engaged in activities to support NASA operations.
Form— The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
Lunar power purchase agreement feasibility study—
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.
Contents— The study conducted under paragraph (1) shall consider the results of the report required under subsection (b), and may include the following:
An identification of facilities and technical capabilities needed to support lunar surface power production.
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.
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.
Potential policy and legal issues associated with lunar power purchase agreements between providers and the Federal Government, international partners, and other private sector entities.
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).
Agreements—
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.
Terms— The Administrator of NASA shall ensure any agreement entered into under paragraph (1) satisfies the following:
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.
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.
Sunset—
In general— The authority to enter into agreements under paragraph (1) shall terminate on October 1, 2030.
Saving provision— An agreement entered into under paragraph (1) that is entered into before the date of termination specified in subparagraph (A)—
shall not be affected by such termination; and
shall continue until the conclusion of such agreement.
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:
The Lunar Surface Innovation Consortium.
The Secretary of Energy, the Secretary of Commerce, and the heads of other Federal departments or agencies, as determined appropriate by the Administrator.
International partners.
Relevant private sector entities.
Sec. 4 Report risk management approaches for commercial partners supporting NASA space nuclear activities
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.
Elements— The report required under subsection (a) shall include the following:
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.
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:
Radioisotope power systems.
Fission surface power systems.
Nuclear electric or thermal propulsion systems.
An assessment of potential solutions to address such gaps or areas, or otherwise enable use of existing authorities, including relating to the following:
Indemnification under section 20138 of title 51, United States Code, and Public Law 85–804 (50 U.S.C. 1431 et seq.).
The applicability of authorities under part 440 of title 14, Code of Federal Regulations, for nuclear systems launched on commercially procured launch vehicles.
Extension of coverage under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210).
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.
Scope— The report required under subsection (a) shall address indemnification considerations for the following:
United States Government-sponsored missions.
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.
Form— The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.