Title 42, The Public Health and WelfareRelease 119-110

§16278 Enabling Nuclear Energy Innovation

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER IX — RESEARCH AND DEVELOPMENT › Part E — Nuclear Energy › § 16278

Last updated Sep 22, 2026|Official source

Summary

The Energy Department must run a program to help test and show new kinds of nuclear reactors that private companies can propose and pay for. The Energy Secretary must use help from federal agencies and the National Laboratories to speed up building and running privately funded experimental reactors at National Laboratories or other Department-owned sites. These reactors must be used to check that designs work, answer technical questions about safety, resilience, security, and function, and do general research to improve early-stage technologies. The Secretary can make an agreement with the Nuclear Regulatory Commission chair to share know-how, run a shared data system, test energy systems, use NRC safety expertise, and let NRC staff watch and learn. The Energy Secretary and the NRC chair must also agree on making sure both agencies have the technical skills and facility access they need, and on using computer models to study reactor behavior. Not later than 180 days after September 28, 2018, the Secretary had to give Congress a report on DOE’s ability to host and oversee these privately funded experimental reactors. That report must cover safety review, regulation options, possible sites, partnership contracts, federal liability for waste, effects on waste inventory, likely costs like security and decommissioning, and other issues, and must be updated every 2 years. No one may build or operate a reactor for commercial testing without an NRC license (section 5842), and activities with public liability must follow the Price‑Anderson Act (section 2210).

Full Legal Text

Title 42, §16278

The Public Health and Welfare, Source: USLM XML via OLRC

(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), the Secretary shall leverage the technical expertise of relevant Federal agencies and the National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites.
(c)Objectives
The reactors described in subsection (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), the Secretary may enter into a memorandum of understanding with the Chairman of the Commission 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 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 with respect to safety analysis; and
(5)enabling technical staff of the Commission to actively observe and learn about technologies developed under the program.
(e)Agency coordination
The Chairman of the Commission and the Secretary shall enter into a memorandum of understanding regarding the following:
(1)Ensuring that—
(A)the Department 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 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 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 has access to the facilities described in subparagraph (A), as needed.
(f)Reporting requirements
(1)In general
Not later than 180 days after September 28, 2018, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall submit to the appropriate committees of Congress a report assessing the capabilities of the Department to authorize, host, and oversee privately funded experimental advanced nuclear reactors as described in subsection (b).
(2)Contents
The report submitted under paragraph (1) shall address—
(A)the safety review and oversight capabilities of the Department, including options to leverage expertise from the Commission and the National Laboratories;
(B)options to regulate privately proposed and funded experimental reactors hosted by the Department;
(C)potential sites capable of hosting privately funded experimental advanced nuclear reactors;
(D)the efficacy of the available contractual mechanisms of the Department to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology;
(E)the liability of the Federal Government with respect to the disposal of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in section 10101 of this title);
(F)the impact on the aggregate inventory in the United States of low-level radioactive waste, spent nuclear fuel, or high-level radioactive waste (as those terms are defined in section 10101 of this title);
(G)potential cost structures relating to physical security, decommissioning, liability, and other long-term project costs; and
(H)other challenges or considerations identified by the Secretary.
(3)Updates
Once every 2 years, the Secretary shall update relevant provisions of the report submitted under paragraph (1) and submit to the appropriate committees of Congress the update.
(g)Savings clauses
(1)Licensing requirement
Nothing in this section authorizes the Secretary or any person 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 in accordance with section 5842 of this title.
(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 (commonly known as the “Price-Anderson Act”).

Reference

Citations & Metadata

Citation

42 U.S.C. § 16278

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110