S. 2389

119th CONGRESS 1st Session

To require the Secretary of the Army to carry out a pilot program to provide resilient energy to critical infrastructure of installations of the Army through the use of advanced nuclear reactors, to authorize multi-year contracts for such reactors, and to include nuclear energy and technology as a covered technology category for the Office of Strategic Capital of the Department of Defense, and for other purposes.

IN THE SENATE OF THE UNITED STATES · July 23, 2025 · Sponsor: Mr. Kim · Committee: Committee on Armed Services

Table of contents

• S. 2389
  • SEC. 1. Short title
  • SEC. 2. Pilot program to provide resilient energy to critical infrastructure of installations of the Army
  • SEC. 3. Authority for multi-year contracts for energy from advanced nuclear reactors
  • SEC. 4. Modification of covered technology category for Office of Strategic Capital

SEC. 1. Short title

• This Act may be cited as the or the .

SEC. 2. Pilot program to provide resilient energy to critical infrastructure of installations of the Army

• (a) Pilot program required
  • The Secretary of the Army (in this section referred to as the ), in conjunction with the Director of the Defense Innovation Unit, shall carry out a pilot program to provide resilient energy to critical infrastructure of installations of the Department of the Army through the deployment of a fixed facility advanced nuclear micro-reactor or small modular reactor (in this section referred to as the pilot program).
• (b) Locations
  • The Secretary shall carry out the pilot program at installations in the United States under the jurisdiction of the Secretary that are identified by the Secretary for purposes of the pilot program.
• (c) Objectives
  • The objective of the pilot program is to develop and provide a source of resilient energy for critical infrastructure of installations of the Department of the Army selected under subsection (b) by not later than December 31, 2030, utilizing a fixed facility advanced nuclear reactor.
• (d) Considerations
  • In carrying out the pilot program, the Secretary shall consider whether a fixed facility advanced nuclear reactor under the pilot program—
    • should be owned and operated by a contractor;
    • should be licensed as a commercial reactor by the Nuclear Regulatory Commission, with advice and consent of the Secretary; or
    • as feasible and consistent with military requirements, should be co-located with artificial intelligence infrastructure and data centers.
• (e) Capabilities
  • In carrying out the pilot program, the Secretary shall ensure that a fixed facility advanced nuclear reactor under the pilot program—
    • is capable of power generation output of up to 300 megawatts; and
    • as feasible and consistent with military requirements, is capable of connecting to the commercial grid in order to sell excess energy pursuant to section 2916 of title 10, United States Code.
• (f) Licensing priority
  • Licensing of advanced reactors covered under the pilot program shall, consistent with the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024 (division B of ; 138 Stat. 1448), be prioritized by the Office of Nuclear Reactor Regulation and the Nuclear Regulatory Commission. Public Law 118–67
• (g) Expansion of pilot program
  • Upon request to the Secretary of Defense, and with notice to the congressional defense committees (as defined in section 101(a) of title 10, United States Code), the Secretary of another military department may participate in the pilot program to provide resilient energy to critical infrastructure at installations under the jurisdiction of that Secretary through the deployment of a fixed facility advanced nuclear micro-reactor or small modular reactor.
• (h) Funding
  • All costs of the pilot program may be paid from any appropriation available for the purposes of the pilot program.
• (i) Termination date
  • The authority to develop and construct a fixed facility advance nuclear micro-reactor or small modular reactor under this section shall terminate on December 31, 2035.

SEC. 3. Authority for multi-year contracts for energy from advanced nuclear reactors

• Subchapter II of of title 10, United States Code, is amended by adding at the end the following new section: chapter 173
  • (a) In general
    • Subject to subsection (b), the Secretary of a military department may enter into a contract or contracts for a duration of not more than 50 years for the operation of an energy production facility through the use of an advanced nuclear reactor, as that term is defined in section 951(b)(1) of the Energy Policy Act of 2005 (). 42 U.S.C. 16271(b)(1)
  • (b) Funding
    • The costs of any contract under this section may be paid from any appropriation available for that purpose.
  • (c) Consideration
    • As part of any consideration under a contract made under this section for the operation of an energy production facility, the Secretary of a military department may include the value of land leased for the siting of the energy production facility.

SEC. 4. Modification of covered technology category for Office of Strategic Capital

• Section 149(e)(2) of title 10, United States Code, is amended by adding at the end the following:
  • Nuclear energy.
  • Nuclear technologies.