---
kind: "section"
citation: "42 U.S.C. § 16278"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16278"
heading: "Enabling nuclear energy innovation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16278"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter IX — Research and Development"
  - "Part E — Nuclear Energy"
---

# §16278. Enabling nuclear energy innovation

- (a) **National Reactor Innovation Center—** There is authorized a program to enable the testing and demonstration of reactor concepts to be proposed and funded, in whole or in part, by the private sector.
- (b) **Technical expertise—** In carrying out the program under [subsection (a)](#a), the [Secretary](/usc/42/15801.md?p=4) shall leverage the technical expertise of relevant Federal [agencies](/usc/42/8262.md?p=1) and the [National Laboratories](/usc/42/15801.md?p=3) in order to minimize the time required to enable [construction](/usc/42/300s–3.md?p=7) and operation of privately funded experimental reactors at [National Laboratories](/usc/42/15801.md?p=3) or other [Department](/usc/42/15801.md?p=1)-owned sites.
- (c) **Objectives—** The reactors described in [subsection (b)](#b) shall operate to meet the following objectives:
  - (1) Enabling physical validation of advanced nuclear reactor concepts.
  - (2) Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of advanced nuclear reactor concepts.
  - (3) General research and development to improve nascent technologies.
- (d) **Sharing technical expertise—** In carrying out the program under [subsection (a)](#a), the [Secretary](/usc/42/15801.md?p=4) may enter into a memorandum of understanding with the Chairman of the [Commission](/usc/42/16451.md?p=3) in order to share technical expertise and knowledge through—
  - (1) enabling the testing and demonstration of advanced nuclear reactor concepts to be proposed and funded, in whole or in part, by the private sector;
  - (2) operating a database to store and share data and knowledge relevant to nuclear science and engineering between Federal [agencies](/usc/42/8262.md?p=1) and the private sector;
  - (3) developing and testing electric and nonelectric integration and energy conversion systems relevant to advanced nuclear reactors;
  - (4) leveraging expertise from the [Commission](/usc/42/16451.md?p=3) with respect to safety analysis; and
  - (5) enabling technical staff of the [Commission](/usc/42/16451.md?p=3) to actively observe and learn about technologies developed under the program.
- (e) **Agency coordination—** The Chairman of the [Commission](/usc/42/16451.md?p=3) and the [Secretary](/usc/42/15801.md?p=4) shall enter into a memorandum of understanding regarding the following:
  - (1) Ensuring that—
    - (A) the [Department](/usc/42/15801.md?p=1) has sufficient technical expertise to support the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative advanced nuclear reactor technology; and
    - (B) the [Commission](/usc/42/16451.md?p=3) has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear reactors.
  - (2) The use of computers and software codes to calculate the behavior and performance of advanced nuclear reactors based on mathematical models of the physical behavior of advanced nuclear reactors.
  - (3) Ensuring that—
    - (A) the [Department](/usc/42/15801.md?p=1) maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of safe and innovative reactor technology; and
    - (B) the [Commission](/usc/42/16451.md?p=3) has access to the facilities described in [subparagraph (A)](#e-3-A), as needed.
- (f) **Reporting requirements—**
  - (1) **In general—** Not later than 180 days after September 28, 2018, the [Secretary](/usc/42/15801.md?p=4), in consultation with the [National Laboratories](/usc/42/15801.md?p=3), relevant Federal [agencies](/usc/42/8262.md?p=1), and other stakeholders, shall submit to the appropriate committees of Congress a report assessing the capabilities of the [Department](/usc/42/15801.md?p=1) to authorize, host, and oversee privately funded experimental advanced nuclear reactors as described in [subsection (b)](#b).
  - (2) **Contents—** The report submitted under [paragraph (1)](#f-1) shall address—
    - (A) the safety review and oversight capabilities of the [Department](/usc/42/15801.md?p=1), including options to leverage expertise from the [Commission](/usc/42/16451.md?p=3) and the [National Laboratories](/usc/42/15801.md?p=3);
    - (B) options to regulate privately proposed and funded experimental reactors hosted by the [Department](/usc/42/15801.md?p=1);
    - (C) potential sites capable of hosting privately funded experimental advanced nuclear reactors;
    - (D) the efficacy of the available contractual mechanisms of the [Department](/usc/42/15801.md?p=1) to partner with the private sector and Federal [agencies](/usc/42/8262.md?p=1), including cooperative research and development agreements, strategic partnership [projects](/usc/42/16371.md?p=12), and agreements for commercializing technology;
    - (E) the liability of the Federal Government with respect to the [disposal](/usc/42/2021b.md?p=7) of [low-level radioactive waste](/usc/42/2021b.md?p=9-A), spent nuclear fuel, or high-level radioactive waste (as those terms are defined in [section 10101 of this title](/usc/42/10101.md));
    - (F) the impact on the aggregate inventory in the United States of [low-level radioactive waste](/usc/42/2021b.md?p=9-A), spent nuclear fuel, or high-level radioactive waste (as those terms are defined in [section 10101 of this title](/usc/42/10101.md));
    - (G) potential cost structures relating to physical security, decommissioning, liability, and other long-term [project](/usc/42/16371.md?p=12) costs; and
    - (H) other challenges or considerations identified by the [Secretary](/usc/42/15801.md?p=4).
  - (3) **Updates—** Once every 2 years, the [Secretary](/usc/42/15801.md?p=4) shall update relevant provisions of the report submitted under [paragraph (1)](#f-1) and submit to the appropriate committees of Congress the update.
- (g) **Savings clauses—**
  - (1) **Licensing requirement—** Nothing in this section authorizes the [Secretary](/usc/42/15801.md?p=4) or any [person](/usc/42/16451.md?p=12) to construct or operate a nuclear reactor for the purpose of demonstrating the suitability for commercial application of the nuclear reactor unless licensed by the [Commission](/usc/42/16451.md?p=3) in accordance with [section 5842 of this title](/usc/42/5842.md).
  - (2) **Financial protection—** Any activity carried out under this section that involves the risk of public liability shall be subject to the financial protection or indemnification requirements of [section 2210 of this title](/usc/42/2210.md) (commonly known as the “Price-Anderson Act”).

## Source credit

(Pub. L. 109–58, title IX, § 958, as added Pub. L. 115–248, § 2(h), Sept. 28, 2018, 132 Stat. 3157.)