Sec. 3. Nuclear energy launch pad
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Section 958 of the Energy Policy Act of 2005 ( 42 U.S.C. 16278 ) is amended— by redesignating subsection
(g)(as amended by section 2(a)(3)) as subsection (h); and by inserting after subsection
(f)the following: In this subsection: The term advanced nuclear technology includes— an advanced nuclear reactor; and a nuclear fuel cycle facility. The term Assistant Secretary means the Assistant Secretary for Nuclear Energy. 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. The term Launch Pad means the Nuclear Energy Launch Pad established by paragraph (2). The term Nuclear Energy Launch Pad Zone means a Nuclear Energy Launch Pad Zone designated by the Assistant Secretary under paragraph (3). 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). 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. 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. 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: 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. 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. 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. Not later than 180 days after the date of enactment of the Nuclear Energy Innovation and Deployment Act of 2026 , the Assistant Secretary shall— finalize the competitive process required under clause (i); and begin soliciting eligible private entities pursuant to that clause. 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. An agreement under clause
(i)may take the form of— an enhanced use lease; a transaction authorized under section 646(g) of the Department of Energy Organization Act ( 42 U.S.C. 7256(g) ); a Strategic Partnership Project agreement with the Department’s management and operations contractor for a National Laboratory; or any other contractual instrument that the Assistant Secretary determines appropriate for a given project. 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. 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) ). 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. 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. Financial assurance under this paragraph— may include surety bonds, letters of credit, insurance, parent company guarantees, or other financial instruments acceptable to the Assistant Secretary; and may be established on a phased basis in accordance with project development milestones, including to cover decommissioning, site restoration, and related costs. 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. .
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