Title 42The Public Health and WelfareRelease 119-73

§10109 Biennial report on the spent nuclear fuel and high-level radioactive waste inventory in the United States

Title 42 › Chapter CHAPTER 108— - NUCLEAR WASTE POLICY › § 10109

Last updated Apr 6, 2026|Official source

Summary

Three terms are defined: high-level radioactive waste (as defined in section 2 of the Nuclear Waste Policy Act of 1982), spent nuclear fuel (as defined in that same law), and standard contract (as defined in 10 C.F.R. 961.3 or any successor rule). By January 1, 2026, and every two years after that, the Secretary of Energy must send Congress a report. The report must say how much the United States has paid each year and in total to holders of standard contracts when the government partially broke those contracts and owed money. It must show how much the Department of Energy has spent since fiscal year 2008 to reduce future such payments, and how much the Department has spent so far to store, manage, and dispose of spent fuel and high-level waste. The report must estimate the total lifecycle costs to store, manage, move, and dispose of the country’s current and expected inventory, including what existing reactors are expected to produce through 2050. It must describe any ways to better track liabilities, any recommendations to improve DOE’s accounting of these costs, what DOE did last fiscal year about interim storage, and what DOE did last fiscal year to develop or use technologies and fuels that make transport or storage safer, including protections against earthquakes, floods, and other extreme weather.

Full Legal Text

Title 42, §10109

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

(a)In this section:
(1)The term “high-level radioactive waste” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(2)The term “spent nuclear fuel” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(3)The term “standard contract” has the meaning given the term “contract” in section 961.3 of title 10, Code of Federal Regulations (or any successor regulation).
(b)Not later than January 1, 2026, and biennially thereafter, the Secretary of Energy shall submit to Congress a report that describes—
(1)the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) resulting in financial damages to the holder;
(2)the cumulative amount spent by the Department of Energy since fiscal year 2008 to reduce future payments projected to be made by the United States to any holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.);
(3)the cumulative amount spent by the Department of Energy to store, manage, and dispose of spent nuclear fuel and high-level radioactive waste in the United States as of the date of the report;
(4)the projected lifecycle costs to store, manage, transport, and dispose of the projected inventory of spent nuclear fuel and high-level radioactive waste in the United States, including spent nuclear fuel and high-level radioactive waste expected to be generated from existing reactors through 2050;
(5)any mechanisms for better accounting of liabilities for the lifecycle costs of the spent nuclear fuel and high-level radioactive waste inventory in the United States;
(6)any recommendations for improving the methods used by the Department of Energy for the accounting of spent nuclear fuel and high-level radioactive waste costs and liabilities;
(7)any actions taken in the previous fiscal year by the Department of Energy with respect to interim storage; and
(8)any activities taken in the previous fiscal year by the Department of Energy to develop and deploy nuclear technologies and fuels that enhance the safe transportation or storage of spent nuclear fuel or high-level radioactive waste, including technologies to protect against seismic, flooding, and other extreme weather events.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Nuclear Waste Policy Act of 1982, referred to in subsec. (b)(1), (2), is Pub. L. 97–425, Jan. 7, 1983, 96 Stat. 2201, which is classified generally to chapter 108 (§ 10101 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 10101 of this title and Tables. Codification Section was enacted as part of the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024, also known as the ADVANCE Act of 2024, and not as part of the Nuclear Waste Policy Act of 1982 which comprises this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 10109

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73