Title 42The Public Health and WelfareRelease 119-73

§2297g–1 Deposits

Title 42 › Chapter CHAPTER 23— - DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › Subchapter SUBCHAPTER VII— - DECONTAMINATION AND DECOMMISSIONING › § 2297g–1

Last updated Apr 6, 2026|Official source

Summary

The Fund must receive deposits of $518,233,333 each fiscal year, adjusted each year for inflation starting on October 24, 1992, using the Consumer Price Index for all-urban consumers from the Department of Labor. Money for the Fund comes from two sources: a special charge on U.S. utilities and money Congress provides by appropriation. The special charge on utilities can total no more than $150,000,000 in any fiscal year, adjusted each year for inflation the same way. Each utility pays in proportion to how many separative work units it bought from the Department of Energy for commercial power before October 24, 1992, compared to the Department’s total sales of such units before that date. Rule notes: one, a unit counts if the Department made it even if the utility later bought it from someone else; two, a unit does not count if the utility bought it and then sold it to another. Congress can appropriate money for 15 years after October 24, 1992 to make up any shortfalls. Collections from utilities stop at the earlier of 15 years after October 24, 1992 or when $2,250,000,000 has been collected (adjusted annually for inflation). The special charge is treated as a fuel cost that utilities may recover in rates.

Full Legal Text

Title 42, §2297g–1

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

(a)The Fund shall consist of deposits in the amount of $518,233,333 per fiscal year (to be annually adjusted for inflation beginning on October 24, 1992, using the Consumer Price Index for all-urban consumers published by the Department of Labor) as provided in this section.
(b)Deposits described in subsection (a) shall be from the following sources:
(1)Sums collected pursuant to subsection (c).
(2)Appropriations made pursuant to subsection (d).
(c)The Secretary shall collect a special assessment from domestic utilities. The total amount collected for a fiscal year shall not exceed $150,000,000 (to be annually adjusted for inflation using the Consumer Price Index for all-urban consumers published by the Department of Labor). The amount collected from each utility pursuant to this subsection for a fiscal year shall be in the same ratio to the amount required under subsection (a) to be deposited for such fiscal year as the total amount of separative work units such utility has purchased from the Department of Energy for the purpose of commercial electricity generation, before October 24, 1992, bears to the total amount of separative work units purchased from the Department of Energy for all purposes (including units purchased or produced for defense purposes) before October 24, 1992. For purposes of this subsection—
(1)a utility shall be considered to have purchased a separative work unit from the Department if such separative work unit was produced by the Department, but purchased by the utility from another source; and
(2)a utility shall not be considered to have purchased a separative work unit from the Department if such separative work unit was purchased by the utility, but sold to another source.
(d)There are authorized to be appropriated to the Fund, for the period encompassing 15 years after October 24, 1992, such sums as are necessary to ensure that the amount required under subsection (a) is deposited for each fiscal year.
(e)The collection of amounts under subsection (c) shall cease after the earlier of—
(1)15 years after October 24, 1992; or
(2)the collection of $2,250,000,000 (to be annually adjusted for inflation using the Consumer Price Index for all-urban consumers published by the Department of Labor) under such subsection.
(f)Except as provided in subsection (e), deposits shall continue to be made into the Fund under subsection (d) for the period specified in such subsection.
(g)Any special assessment levied under this section on domestic utilities for the decontamination and decommissioning of the Department’s gaseous diffusion enrichment facilities shall be deemed a necessary and reasonable current cost of fuel and shall be fully recoverable in rates in all jurisdictions in the same manner as the utility’s other fuel cost.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–222 substituted “$518,233,333” for “$488,333,333” and inserted “beginning on October 24, 1992,” after “inflation”. 1998—Subsec. (a). Pub. L. 105–388 substituted “$488,333,333” for “$480,000,000”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2297g–1

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73