[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Page S3678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6548. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. 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 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 this paragraph, 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.''.
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