---
kind: "section"
citation: "42 U.S.C. § 10109"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10109"
heading: "Biennial report on the spent nuclear fuel and high-level radioactive waste inventory in the United States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10109"
units:
  - "Chapter 108 — Nuclear Waste Policy"
---

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

- (a) **Definitions—** In this section:
  - (1) **High-level radioactive waste—** The term “[high-level radioactive waste](/usc/42/10101.md?p=12)” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](/usc/42/10101.md)).
  - (2) **Spent nuclear fuel—** The term “[spent nuclear fuel](/usc/42/10101.md?p=23)” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 ([42 U.S.C. 10101](/usc/42/10101.md)).
  - (3) **Standard contract—** 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) **Report—** Not later than January 1, 2026, and biennially thereafter, the [Secretary](/usc/42/10101.md?p=20) 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](/usc/42/10101.md) et seq.) resulting in financial damages to the holder;
  - (2) the cumulative amount spent by the [Department](/usc/42/10101.md?p=8) 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](/usc/42/10101.md) et seq.);
  - (3) the cumulative amount spent by the [Department](/usc/42/10101.md?p=8) of Energy to store, manage, and dispose of [spent nuclear fuel](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12) 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](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12) in the United States, including [spent nuclear fuel](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12) 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](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12) inventory in the United States;
  - (6) any recommendations for improving the methods used by the [Department](/usc/42/10101.md?p=8) of Energy for the accounting of [spent nuclear fuel](/usc/42/10101.md?p=23) and [high-level radioactive waste](/usc/42/10101.md?p=12) costs and liabilities;
  - (7) any actions taken in the previous fiscal year by the [Department](/usc/42/10101.md?p=8) of Energy with respect to interim [storage](/usc/42/10101.md?p=25); and
  - (8) any activities taken in the previous fiscal year by the [Department](/usc/42/10101.md?p=8) of Energy to develop and deploy nuclear technologies and fuels that enhance the safe transportation or [storage](/usc/42/10101.md?p=25) of [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12), including technologies to protect against seismic, flooding, and other extreme weather events.

## Source credit

(Pub. L. 118–67, div. B, title IV, § 403, July 9, 2024, 138 Stat. 1468.)

## Notes

### 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.