SenateS. 4284119th Congress
Nuclear Energy Innovation and Deployment Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4284 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4284
To encourage the development and deployment of nuclear energy, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2026
Mr. Lee (for himself and Mr. McCormick) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To encourage the development and deployment of nuclear energy, 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 ``Nuclear Energy Innovation and
Deployment Act of 2026''.
SEC. 2. DEPARTMENT OF ENERGY AUTHORITIES FOR NUCLEAR FACILITIES.
(a) Amendments.--
(1) Energy reorganization act of 1974.--
(A) In general.--Section 202 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5842) is
amended--
(i) by striking the section designation and
heading and all that follows through
``Notwithstanding'' in the matter preceding
paragraph (1) and inserting the following:
``SEC. 202. LICENSING AND RELATED REGULATORY FUNCTIONS RESPECTING
SELECTED DEPARTMENT OF ENERGY FACILITIES.
``Notwithstanding'';
(ii) in the matter preceding paragraph (1),
by striking ``Administration'' and inserting
``Department of Energy'';
(iii) by striking paragraphs (1) and (2);
(iv) in paragraph (4), by striking
``Administration'' and inserting ``Department
of Energy''; and
(v) by redesignating paragraphs (3) through
(5) as paragraphs (1) through (3),
respectively.
(B) Conforming amendments.--
(i) Section 3134 of division C of the Strom
Thurmond National Defense Authorization Act for
Fiscal Year 1999 is amended--
(I) in subsection (b) (42 U.S.C.
5842 note; Public Law 105-261)--
(aa) by striking ``(42
U.S.C. 7272)'' and inserting
``(50 U.S.C. 2513)''; and
(bb) by striking ``section
202(5)'' and all that follows
through the period at the end
and inserting ``paragraph (3)
of section 202 of the Energy
Reorganization Act of 1974 (42
U.S.C. 5842).''; and
(II) in subsection (c) (42 U.S.C.
5842 note; Public Law 105-261), by
striking ``section 202(5)'' and all
that follows through ``subsection
(a),'' and inserting ``paragraph (3) of
section 202 of the Energy
Reorganization Act of 1974 (42 U.S.C.
5842)''.
(ii) Section 141(d) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10161(d)) is
amended, in the first sentence, by striking
``section 202(3) of the Energy Reorganization
Act of 1974 (42 U.S.C. 5842(3))'' and inserting
``paragraph (1) of section 202 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5842)''.
(iii) Section 148(c) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10168(c)) is
amended, in the first sentence, by striking
``section 202(3) of the Energy Reorganization
Act of 1974 (42 U.S.C. 5842(3))'' and inserting
``paragraph (1) of section 202 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5842)''.
(2) Atomic energy act of 1954.--Section 110 a. of the
Atomic Energy Act of 1954 (42 U.S.C. 2140(a)) is amended--
(A) by striking ``Commission; or (2) the
construction'' and all that follows through ``; or'' at
the end of subsection a. and inserting the following:
``Nuclear Regulatory Commission or the Department of
Energy;
``(2) the construction or operation of facilities,
or the conduct of activities involving source material,
byproduct material, or special nuclear material, under
contract with and for the account of the Department of
Energy at any location, including such facilities or
activities sponsored by a person; or'';
(B) by striking ``a license for (1) the
processing,'' and inserting the following: ``a license
for--
``(1) the processing,''; and
(C) by adding at the end the following:
``(3) the construction or operation of commercial
facilities and related activities, including the
construction and operation of nuclear fuel cycle
facilities, involving source material, byproduct
material, or special nuclear material authorized and
regulated by the Department of Energy--
``(A) on Federal land; or
``(B) for Federal purposes, including for
the purpose of the generation, sale, or
delivery of electricity to a Federal power
marketing agency (as defined in section 3 of
the Federal Power Act (16 U.S.C. 796)); or''.
(3) Energy policy act of 2005.--Section 958(g) of the
Energy Policy Act of 2005 (42 U.S.C. 16278(g)) is amended by
striking the subsection designation and heading and all that
follows through ``Any activity'' in paragraph (2) and inserting
the following:
``(g) Financial Protection.--Any activity''.
(b) Regulatory Revision Required.--Not later than 1 year after the
date of enactment of this Act, the Nuclear Regulatory Commission shall
revise sections 30.12, 40.11, 50.11, and 70.11 of title 10, Code of
Federal Regulations, and such other applicable regulations as may be
identified by the Commission, to remove limitations on the statutory
authority of the Secretary of Energy with respect to activities
performed off of Federal Government-owned or Federal Government-
controlled sites.
(c) Financial Protection.--Any activity carried out pursuant to
this section or an amendment made by this section that is authorized
and regulated by the Department of Energy and involves the risk of
public liability shall be subject to the financial protection or
indemnification requirements of section 170 d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(d)) (commonly known as the ``Price-Anderson
Act'').
SEC. 3. NUCLEAR ENERGY LAUNCH PAD.
Section 958 of the Energy Policy Act of 2005 (42 U.S.C. 16278) is
amended--
(1) by redesignating subsection (g) (as amended by section
2(a)(3)) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Nuclear Energy Launch Pad.--
``(1) Definitions.--In this subsection:
``(A) Advanced nuclear technology.--The term
`advanced nuclear technology' includes--
``(i) an advanced nuclear reactor; and
``(ii) a nuclear fuel cycle facility.
``(B) Assistant secretary.--The term `Assistant
Secretary' means the Assistant Secretary for Nuclear
Energy.
``(C) Eligible private entity.--The term `eligible
private entity' means a private entity that the
Assistant Secretary determines has an adequately mature
design for, sufficient financial resources and
expertise in, and a high chance of success in testing
or demonstrating the commercial feasibility of advanced
nuclear technologies.
``(D) Launch pad.--The term `Launch Pad' means the
Nuclear Energy Launch Pad established by paragraph (2).
``(E) Nuclear energy launch pad zone.--The term
`Nuclear Energy Launch Pad Zone' means a Nuclear Energy
Launch Pad Zone designated by the Assistant Secretary
under paragraph (3).
``(2) Establishment.--There is established within the
Office of Nuclear Energy a program, to be known as the `Nuclear
Energy Launch Pad', as a component of the program under
subsection (a).
``(3) Nuclear energy launch pad zones.--
``(A) In general.--In carrying out the Launch Pad,
the Assistant Secretary shall identify and designate
secure, authorized areas of Federal land, including
land owned or controlled by the Department and National
Laboratory sites as Nuclear Energy Launch Pad Zones for
the purpose of testing and demonstrating the commercial
feasibility of advanced nuclear technologies by
eligible private entities under authorities of the
Department, including nuclear fuel cycle facilities
necessary to support the testing and demonstration of
other advanced nuclear technologies, to enable access
to streamlined licensing opportunities and facilitate
transition to commercial operation under Nuclear
Regulatory Commission authorities after testing and
demonstration activities are complete.
``(B) Additional pathways.--In addition to Nuclear
Energy Launch Pad Zones designated under subparagraph
(A), the Assistant Secretary shall, in carrying out the
Launch Pad, provide a pathway for testing and
demonstrating the commercial feasibility of advanced
nuclear technologies by eligible private entities under
the authorities of the Department at non-Federal sites,
which, on completion of the pathway, shall also be
designated as Nuclear Energy Launch Pad Zones.
``(4) Responsibilities and development activities.--The
Assistant Secretary shall ensure the success and acceleration
of testing and demonstration projects within Nuclear Energy
Launch Pad Zones by carrying out each of the following
activities in Nuclear Energy Launch Pad Zones located on land
owned or controlled by the Department and National Laboratory
sites:
``(A) Basic infrastructure.--Providing to the
extent practicable, basic access infrastructure to
eligible private entities selected under paragraph
(5)(A), including roads, electric power, water, and
fiber optic communication connectivity.
``(B) Land characterization.--Carrying out land
characterization and assessment activities through the
program under subsection (a), as appropriate, necessary
to facilitate accelerated deployment, including
biological, cultural, and other environmental surveys
required for the testing and demonstration of advanced
nuclear technologies.
``(5) Private entity solicitation and selection.--
``(A) Competitive process.--
``(i) In general.--The Assistant Secretary,
acting through the program under subsection
(a), shall solicit and select eligible private
entities for participation in the Launch Pad
through an advertised, competitive process
designed to select the most promising advanced
nuclear technologies.
``(ii) Initial solicitations.--Not later
than 180 days after the date of enactment of
the Nuclear Energy Innovation and Deployment
Act of 2026, the Assistant Secretary shall--
``(I) finalize the competitive
process required under clause (i); and
``(II) begin soliciting eligible
private entities pursuant to that
clause.
``(B) Agreements.--
``(i) In general.--The Assistant Secretary
shall seek to enter into flexible agreements
with eligible private entities selected under
subparagraph (A) to grant rights of use,
occupancy, and operation within Nuclear Energy
Launch Pad Zones.
``(ii) Inclusions.--An agreement under
clause (i) may take the form of--
``(I) an enhanced use lease;
``(II) a transaction authorized
under section 646(g) of the Department
of Energy Organization Act (42 U.S.C.
7256(g));
``(III) a Strategic Partnership
Project agreement with the Department's
management and operations contractor
for a National Laboratory; or
``(IV) any other contractual
instrument that the Assistant Secretary
determines appropriate for a given
project.
``(6) Streamlined licensing pathways.--The Assistant
Secretary shall seek to leverage the existing Department
authorities for advanced nuclear technologies and the existing
framework for coordination with the Nuclear Regulatory
Commission, including the memorandum of understanding between
the Department and the Nuclear Regulatory Commission relating
to nuclear energy innovation and effective on October 7, 2019
(including subsequent addenda to that memorandum), or, if
necessary, may enter into a new memorandum of understanding to
provide for expedited licensing pathways for advanced nuclear
technologies that are tested or demonstrated under the Launch
Pad.
``(7) DoE authorities.--A facility constructed and operated
under the Launch Pad for testing and demonstration purposes
shall be considered to be under contract with and for the
account of the Department for purposes of section 110 a. of the
Atomic Energy Act of 1954 (42 U.S.C. 2140(a)).
``(8) Non-federal cost responsibility.--Eligible private
entities selected to participate in the Launch Pad under
paragraph (5)(A) shall bear the full costs of design,
construction, operation, and decommissioning of advanced
nuclear technologies authorized under the Launch Pad.
``(9) Financial assurance.--
``(A) In general.--The Assistant Secretary may
require, as a condition of an agreement under paragraph
(5)(B)(i), that an eligible private entity provide
financial assurance in such form, amount, and duration
as the Assistant Secretary determines appropriate to
ensure the fulfillment of obligations to the Department
in the event of abandonment, default, or other failure
to perform.
``(B) Types of assurance; phased basis.--Financial
assurance under this paragraph--
``(i) may include surety bonds, letters of
credit, insurance, parent company guarantees,
or other financial instruments acceptable to
the Assistant Secretary; and
``(ii) may be established on a phased basis
in accordance with project development
milestones, including to cover decommissioning,
site restoration, and related costs.
``(10) Savings provision.--Nothing in this subsection
limits or otherwise diminishes the statutory authority of the
Secretary under the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.) or any other provision of law, including with respect
to activities performed off of Federal Government-owned or
Federal Government-controlled sites.''.
SEC. 4. ROLE OF FEDERAL POWER MARKETING ADMINISTRATIONS WITH RESPECT TO
NUCLEAR POWER.
(a) In General.--Section 302(a) of the Department of Energy
Organization Act (42 U.S.C. 7152) is amended--
(1) in paragraph (2)--
(A) in the first sentence, by striking
``Administration, shall'' and inserting
``Administration shall''; and
(B) in the second sentence, by striking ``in
paragraphs (1) (A), (1) (B), (1) (C), and (1) (D)'' and
inserting ``subparagraphs (A) through (C) of paragraph
(1)'';
(2) in paragraph (3)--
(A) in the first sentence, by striking ``in
paragraphs (1) (E) and (1) (F)'' and inserting ``by
subparagraphs (D) and (E) of paragraph (1)''; and
(B) in the second sentence by striking ``(1) (E)''
and inserting ``(1)(D)''; and
(3) by adding at the end the following:
``(4)(A) The Secretary may utilize the Federal power
marketing administrations (including the Southeastern Power
Administration, the Southwestern Power Administration, the
Bonneville Power Administration, and the Western Area Power
Administration) to purchase, transmit, or enter into contracts
to market electric power generated by nuclear facilities.
``(B) The authority provided under this paragraph shall be
exercised in accordance with, and subject to, the authorities,
limitations, and procedural requirements otherwise applicable
to a Federal power marketing administration with respect to the
acquisition of electric power resources under otherwise
applicable law.''.
(b) Federal Power.--
(1) In general.--Unless expressly provided otherwise, any
reference in any provision of Federal law (including
regulations) to Federal power or electric energy generated at a
Federal project shall be deemed to include electric energy
generated by a nuclear facility to the extent that such
electric energy is purchased, transmitted, or marketed by a
Federal power marketing agency (as defined in section 3 of the
Federal Power Act (16 U.S.C. 796)).
(2) Rule of construction.--Nothing in this subsection
alters or supersedes the authorities, limitations, or
procedural requirements applicable to a Federal power marketing
administration with respect to the acquisition of electric
power resources under otherwise applicable law.
SEC. 5. ADVANCED REACTOR DEMONSTRATION PROGRAM.
Section 959A of the Energy Policy Act of 2005 is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Office of Nuclear Energy.--
``(1) In general.--The program established under subsection
(b) shall be administered by the Office of Nuclear Energy of
the Department.
``(2) Deadline.--Not later than 30 days after the date of
enactment of the Nuclear Energy Innovation and Deployment Act
of 2026, the Secretary shall take such actions as are necessary
to carry out paragraph (1).''.
SEC. 6. SURPLUS PLUTONIUM FOR COMMERCIAL REACTORS.
(a) Establishment.--
(1) In general.--The Secretary of Energy shall establish
within the Office of Nuclear Energy a milestone-based program
to be known as the ``Surplus Plutonium for Commercial Reactors
Program'' (in this section referred to as the ``Program''),
which shall be headed by the Assistant Secretary for Nuclear
Energy (in this section referred to as the ``Assistant
Secretary'').
(2) Continuation of ongoing activities.--The Program shall
include, and the Secretary shall continue to carry out,
activities undertaken before the date of enactment of this Act
to solicit, evaluate, select, or enter into agreements with
industry for the processing, fabrication, or utilization of
surplus plutonium for advanced nuclear reactor fuel.
(b) Duties.--
(1) In general.--In carrying out the Program, the Assistant
Secretary, in collaboration with the Under Secretary for
Nuclear Security and the Assistant Secretary for Environmental
Management, shall--
(A) utilize solicitations, requests for
applications, expressions of interest, or other
selection processes issued before, on, or after the
date of enactment of this Act to identify, qualify, and
select United States commercial nuclear fuel
fabricators and other entities that have been deemed
qualified by the Assistant Secretary, including having
contracted fuel offtake (in this section referred to as
``participants''), to receive and utilize surplus
plutonium for fabrication into fuel for advanced
nuclear reactors;
(B) enter into agreements with participants under
the authority provided by section 646(g) of the
Department of Energy Organization Act (42 U.S.C.
7256(g)); and
(C) distribute such plutonium to participants for
processing and fabrication through a milestone-based
program that requires participants to meet particular
technical, security, and safeguards milestones, as
agreed to by the Assistant Secretary and the Under
Secretary for Nuclear Security, before a participant is
awarded portions of material by the Department.
(2) Timeline.--The Assistant Secretary shall continue and,
as necessary, complete activities under paragraph (1) as
follows:
(A) Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall
complete the execution of initial agreements under
paragraph (1)(B).
(B) Not later than January 1, 2028, the Assistant
Secretary shall commence distribution of material under
paragraph (1)(C), subject to participants meeting the
milestones required under the Program.
(C) Not later than January 1, 2035, the Assistant
Secretary shall complete distribution of material under
paragraph (1)(C), subject to participants meeting the
milestones required under the Program.
(c) Termination of Surplus Plutonium Dilute and Dispose Program.--
Not later than 180 days after the date of enactment of this Act, the
Secretary of Energy shall--
(1) terminate the Surplus Plutonium Dilute and Dispose
Program, except to the extent needed to dispose of material
that presents a safety concern or is not of use to the Office
of Nuclear Energy; and
(2) resume operations of HB Line at the Savannah River
Site, South Carolina.
(d) Transfer.--
(1) In general.--Upon termination of the Surplus Plutonium
Dilute and Dispose Program pursuant to subsection (c), any
unobligated amounts previously appropriated or otherwise made
available to the Department of Energy for the Surplus Plutonium
Dilute and Dispose Program shall be transferred to the Office
of Nuclear Energy, except to the extent such amounts are needed
to complete processing and transfer of final disposition of
previously downblended material.
(2) Use of funds.--The Assistant Secretary shall use the
funds transferred pursuant to paragraph (1) carry out this
section.
(e) Annual Briefing.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter until such time the
Program is completed, the Assistant Secretary, in coordination with the
Under Secretary for Nuclear Security and the Assistant Secretary for
Environmental Management, shall provide to the Committee on Energy and
Natural Resources of the Senate, the Committee on Armed Services of the
Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Armed Services of the House of
Representatives a briefing on the progress of the Program.
(f) Rule of Construction.--Nothing in this section shall be
construed to modify or otherwise affect the legal obligations of the
Department of Energy to the State of South Carolina.
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