Powering the Future of American Space Dominance Act

Overview

HR 9193, the Powering the Future of American Space Dominance Act, seeks to advance the United States’ capabilities in space nuclear power and propulsion, with a focus on NASA, the Department of Energy, and private sector participation. The bill emphasizes long-term investment in space nuclear technologies to support lunar, cislunar, and deep-space missions, and it establishes reporting, study, and procurement pathways related to lunar surface power and space nuclear systems.

Main purpose and intent

• Formalize and accelerate development and demonstrations of space nuclear power and propulsion technologies.
• Coordinate NASA, DOE, and private sector efforts to enable lunar surface power, survivability during lunar night, and future Moon-to-Mars activities.
• Create mechanisms to study, test, and potentially purchase lunar power from private providers, leveraging commercial capabilities.

Key provisions and changes

1. Space nuclear power and propulsion (Section 2)

   • Sense of Congress underscores space nuclear systems as essential for deep-space missions and NASA’s Moon/Mars goals; notes the value of radioisotope heater units and power systems for lunar operations; highlights NASA–DOE collaboration.
   • Requires an updated plan within 180 days that covers:
     • Status and progress of the space nuclear propulsion program.
     • Near-term use cases for nuclear systems, including costs and lunar night survival for commercial lunar payload services (CLPS).
     • Milestones and timing for in-space nuclear propulsion demonstrations in the late 2020s.
     • A phased plan for radioisotope heater units and electric power systems to support Moon-to-Mars and CLPS, with specific deadlines:
     • Demonstrations by 12/31/2028 (heater units) and 12/31/2030 (power systems).
     • Routine use by 12/31/2032.
     • Follow-on activities for Harmonia Radioisotope Power System, including first lunar deployment.
     • Readiness to launch a derivative fission surface power system by 12/31/2030.
     • Coordination with federal agencies, international partners, and private sector.
     • Use of any NASA hardware where appropriate.
   • 180-day “lessons learned” assessment from the NASA–DARPA Demonstration Rocket for Agile Cislunar Operations (DRACO) program, identifying failures and corrective actions.

2. Lunar surface power (Section 3)

   • Findings establishing the value of reliable lunar power to support exploration and the potential for leveraging commercial lunar power capabilities.
   • Reports (due within 120 days) forecasting NASA’s lunar power demand for the next 10 years, including near-term and night-duration operations, and assessing power needs for humans and robots, plus demand from commercial partners.
   • Feasibility study on lunar power purchase agreements (PPAs) with non-governmental entities, covering technology readiness, required facilities, lessons learned from government PPAs, and policy/legal issues.
   • A two-year horizon for the NASA Administrator to report on study results.

3. Agreements and procurement (Section 4)

   • Based on report findings, NASA may issue open, competitive solicitations to engage at least two private-sector entities using two different energy technologies to procure lunar surface power.
   • Contract terms must allow termination if power delivery is not underway within four years of agreement and cap pre-delivery payments at 10% of contract value.
   • Sunset provision: authority to enter into such agreements expires October 1, 2030, with ongoing validity for any agreements already in place.

4. Risk management for commercial partners (Section 6)

   • Requires a 180-day review of indemnification frameworks for space nuclear activities, identifying gaps and potential solutions across radioisotope, fission, and nuclear propulsion systems.
   • Evaluates authorities (e.g., indemnification under federal law, regulatory provisions for launches, Atomic Energy Act coverage) and recommends legislative or regulatory changes.
   • Scope includes government-sponsored missions and public-private partnerships in cislunar space and lunar surface activities.

Affected entities and timeline

• NASA and DOE lead policy and planning; GAO/committees receive updated plans and reports.
• Private sector entities may participate via PPAs and competitive procurements for lunar power systems.
• Key timelines include:
  • Updated plans within 180 days of enactment.
  • Reports on lunar power demand within 120 days.
  • Indemnification framework assessment within 180 days.
  • Sunset of authority for new agreements on Oct 1, 2030, with protections for ongoing agreements.