The National Defense Authorization Act for Fiscal Year 2026 (the NDAA) was signed into law by US President Donald Trump on December 18, 2025. Through the NDAA, the US Congress sets the year’s policy direction for the US Armed Forces. As an annual “must pass” bill, it also becomes a vehicle to move other legislative provisions through Congress. This year, the NDAA contained several key provisions important to the domestic nuclear industry with an eye toward facilitating and promoting the US nuclear industry abroad.
Up & Atom
KEY TRENDS IN LAW AND POLICY REGARDING
NUCLEAR ENERGY AND MATERIALS
NUCLEAR ENERGY AND MATERIALS
The US Nuclear Regulatory Commission recently released Draft Interim Staff Guidance (ISG) DSS-ISG-2025-XX, Treatment of Certain Loss-of-Coolant Accident Locations as Beyond-Design-Basis Accidents. The draft guidance, if adopted, would allow the NRC staff to determine that certain break locations that would normally be analyzed as design-basis loss-of-coolant accidents (LOCAs) can be treated as beyond-design-basis accidents.
On November 18, 2025, the US Nuclear Regulatory Commission issued its Staff Requirements Memorandum for SECY-24-0009, which proposed changes to the NRC Enforcement Policy governing regulated materials and civil penalties. The proposed changes reflect the NRC Office of Enforcement’s periodic review of its Enforcement Policy, undertaken every few years to identify appropriate significant revisions.
Under the auspices of Section 5 of Executive Order 14300, Ordering the Reform of the Nuclear Regulatory Commission, the Nuclear Regulatory Commission (NRC) published on November 26, 2025 an immediately effective final rule, Streamlining Select Rules of Practice and Procedure. The NRC rescinded a “discrete number” of its rules of practice as “either inconsistent with statutory requirements or duplicative of statutory requirements and other binding regulations.”
As part of the response to four executive orders focused on expanding and accelerating the development and use of nuclear energy, the US Department of Energy and US Nuclear Regulatory Commission have signed Addendum 9 to their 2019 Memorandum of Understanding on Nuclear Energy Innovation. The October 24 addendum details how the agencies will coordinate their activities on advanced reactors and nuclear fuel technologies more efficiently to implement activities under the EOs. The addendum underscores a whole-of-government approach to demonstrating and licensing advanced reactors and speeding up the transition from research to commercial deployment.
In connection with President Donald Trump’s recent state visit to the United Kingdom, the United States and the United Kingdom unveiled a slate of new and expanded agreements designed to accelerate cooperation in nuclear energy, advanced technologies, and professional engagement. These deals are intended to be a significant step forward in our longstanding transatlantic alliance, aligning regulatory efforts, advancing innovation, and reinforcing the shared goal of a secure, clean energy future.
Throughout 2025, several US states have taken steps to facilitate development of new nuclear reactors. Complementing several recent executive orders of the US administration in support of nuclear energy, including plans to bring new test reactors online by summer 2026 as part of the Reactor Pilot Program, states such as Illinois, Nebraska, Tennessee, Texas, and Virginia have also signaled support for nuclear energy through legislation, grants, and utility initiatives.
The US Nuclear Regulatory Commission (NRC) recently issued a direct final rule extending the duration of design certifications (DCs) for nuclear reactors from 15 to 40 years. The rule will automatically go into effect on September 15, 2025, unless the NRC receives significant adverse comments from the public.
The US Nuclear Regulatory Commission (NRC) staff recently submitted recommendations and planned actions to the Commission aimed at enhancing elements of the Reactor Oversight Process (ROP) consistent with the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act). These efforts would also in part be responsive to recently issued Executive Order 14300, “Ordering the Reform of the Nuclear Regulatory Commission.”
The United States and Thailand signed an agreement on January 14, 2025, which outlines peaceful nuclear cooperation between the two countries. The agreement is authorized by Section 123 of the Atomic Energy Act of 1954, as amended (42 USC § 2153) (AEA), and is known as a “123 Agreement.” That same day, former President Biden transmitted that 123 Agreement and a Nuclear Proliferation Assessment Statement (NPAS) to Congress for their review. Congress has 90 days of being in session to either disapprove or passively allow the Agreement to take effect.