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.