S. 4284

[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.
<all>