---
kind: "section"
citation: "42 U.S.C. § 10222"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10222"
heading: "Nuclear Waste Fund"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10222"
units:
  - "Chapter 108 — Nuclear Waste Policy"
  - "Subchapter III — Other Provisions Relating to Radioactive Waste"
---

# §10222. Nuclear Waste Fund

- (a) **Contracts—**
  - (1) In the performance of his functions under this chapter, the [Secretary](/usc/42/10101.md?p=20) is authorized to enter into contracts with any person who [generates](/usc/42/2021b.md?p=8) or holds title to [high-level radioactive waste](/usc/42/10101.md?p=12), or [spent nuclear fuel](/usc/42/10101.md?p=23), of domestic origin for the acceptance of title, subsequent transportation, and [disposal](/usc/42/10101.md?p=9) of such waste or spent fuel. Such contracts shall provide for payment to the [Secretary](/usc/42/10101.md?p=20) of fees pursuant to paragraphs [(2)](#a-2) and [(3)](#a-3) sufficient to offset expenditures described in [subsection (d)](#d).
  - (2) For electricity generated by a [civilian nuclear power reactor](/usc/42/10101.md?p=6) and sold on or after the date 90 days after January 7, 1983, the fee under [paragraph (1)](#a-1) shall be equal to 1.0 mil per kilowatt-hour.
  - (3) For [spent nuclear fuel](/usc/42/10101.md?p=23), or solidified [high-level radioactive waste](/usc/42/10101.md?p=12) derived from [spent nuclear fuel](/usc/42/10101.md?p=23), which fuel was used to [generate](/usc/42/2021b.md?p=8) electricity in a [civilian nuclear power reactor](/usc/42/10101.md?p=6) prior to the application of the fee under [paragraph (2)](#a-2) to such reactor, the [Secretary](/usc/42/10101.md?p=20) shall, not later than 90 days after January 7, 1983, establish a 1 time fee per kilogram of heavy metal in [spent nuclear fuel](/usc/42/10101.md?p=23), or in solidified [high-level radioactive waste](/usc/42/10101.md?p=12). Such fee shall be in an amount equivalent to an average charge of 1.0 mil per kilowatt-hour for electricity generated by such [spent nuclear fuel](/usc/42/10101.md?p=23), or such solidified high-level waste derived therefrom, to be collected from any person delivering such [spent nuclear fuel](/usc/42/10101.md?p=23) or high-level waste, pursuant to [section 10143 of this title](/usc/42/10143.md), to the Federal Government. Such fee shall be paid to the Treasury of the United States and shall be deposited in the separate fund established by [subsection (c)](#c).[^1] In paying such a fee, the person delivering spent fuel, or solidified [high-level radioactive wastes](/usc/42/10101.md?p=12) derived therefrom, to the Federal Government shall have no further financial obligation to the Federal Government for the long-term [storage](/usc/42/10101.md?p=25) and permanent [disposal](/usc/42/10101.md?p=9) of such spent fuel, or the solidified [high-level radioactive waste](/usc/42/10101.md?p=12) derived therefrom.
  - (4) Not later than 180 days after January 7, 1983, the [Secretary](/usc/42/10101.md?p=20) shall establish procedures for the collection and payment of the fees established by [paragraph (2)](#a-2) and [paragraph (3)](#a-3). The [Secretary](/usc/42/10101.md?p=20) shall annually review the amount of the fees established by paragraphs [(2)](#a-2) and [(3)](#a-3) above to evaluate whether collection of the fee will provide sufficient revenues to offset the costs as defined in [subsection (d)](#d) herein. In the event the [Secretary](/usc/42/10101.md?p=20) determines that either insufficient or excess revenues are being collected, in order to recover the costs incurred by the Federal Government that are specified in [subsection (d)](#d), the [Secretary](/usc/42/10101.md?p=20) shall propose an adjustment to the fee to insure full cost recovery. The [Secretary](/usc/42/10101.md?p=20) shall immediately transmit this proposal for such an adjustment to Congress. The adjusted fee proposed by the [Secretary](/usc/42/10101.md?p=20) shall be effective after a period of 90 days of continuous session have elapsed following the receipt of such transmittal unless during such 90-day period either House of Congress adopts a resolution disapproving the [Secretary](/usc/42/10101.md?p=20)’s proposed adjustment in accordance with the procedures set forth for congressional review of an energy action under [section 6421 of this title](/usc/42/6421.md).
  - (5) Contracts entered into under this section shall provide that—
    - (A) following commencement of operation of a [repository](/usc/42/10101.md?p=18), the [Secretary](/usc/42/10101.md?p=20) shall take title to the [high-level radioactive waste](/usc/42/10101.md?p=12) or [spent nuclear fuel](/usc/42/10101.md?p=23) involved as expeditiously as practicable upon the request of the generator or [owner](/usc/42/13641.md?p=4) of such waste or spent fuel; and
    - (B) in return for the payment of fees established by this section, the [Secretary](/usc/42/10101.md?p=20), beginning not later than January 31, 1998, will dispose of the [high-level radioactive waste](/usc/42/10101.md?p=12) or [spent nuclear fuel](/usc/42/10101.md?p=23) involved as provided in this subchapter.[^1]
  - (6) The [Secretary](/usc/42/10101.md?p=20) shall establish in writing criteria setting forth the terms and conditions under which such [disposal](/usc/42/10101.md?p=9) services shall be made available.
- (b) **Advance contracting requirement—**
  - (1)
    - (A) The [Commission](/usc/42/10101.md?p=7) shall not issue or renew a license to any person to use a utilization or production facility under the authority of section [2133](/usc/42/2133.md) or [2134](/usc/42/2134.md) of this title unless—
      - (i) such person has entered into a contract with the [Secretary](/usc/42/10101.md?p=20) under this section; or
      - (ii) the [Secretary](/usc/42/10101.md?p=20) affirms in writing that such person is actively and in good faith negotiating with the [Secretary](/usc/42/10101.md?p=20) for a contract under this section.
    - (B) The [Commission](/usc/42/10101.md?p=7), as it deems necessary or appropriate, may require as a precondition to the issuance or renewal of a license under section [2133](/usc/42/2133.md) or [2134](/usc/42/2134.md) of this title that the applicant for such license shall have entered into an agreement with the [Secretary](/usc/42/10101.md?p=20) for the [disposal](/usc/42/10101.md?p=9) of [high-level radioactive waste](/usc/42/10101.md?p=12) and [spent nuclear fuel](/usc/42/10101.md?p=23) that may result from the use of such license.
  - (2) Except as provided in [paragraph (1)](#b-1), no [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12) generated or owned by any person (other than a [department](/usc/42/10101.md?p=8) of the United States referred to in section [101](/usc/5/101.md) or [102](/usc/5/102.md) of title 5) may be disposed of by the [Secretary](/usc/42/10101.md?p=20) in any [repository](/usc/42/10101.md?p=18) constructed under this chapter unless the generator or [owner](/usc/42/13641.md?p=4) of such spent fuel or waste has entered into a contract with the [Secretary](/usc/42/10101.md?p=20) under this section by not later than—
    - (A) June 30, 1983; or
    - (B) the date on which such generator or [owner](/usc/42/13641.md?p=4) commences generation of, or takes title to, such spent fuel or waste;

    whichever occurs later.

  - (3) The rights and duties of a party to a contract entered into under this section may be assignable with transfer of title to the [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12) involved.
  - (4) No [high-level radioactive waste](/usc/42/10101.md?p=12) or [spent nuclear fuel](/usc/42/10101.md?p=23) generated or owned by any [department](/usc/42/10101.md?p=8) of the United States referred to in section [101](/usc/5/101.md) or [102](/usc/5/102.md) of title 5 may be disposed of by the [Secretary](/usc/42/10101.md?p=20) in any [repository](/usc/42/10101.md?p=18) constructed under this chapter unless such [department](/usc/42/10101.md?p=8) transfers to the [Secretary](/usc/42/10101.md?p=20), for deposit in the Nuclear [Waste Fund](/usc/42/10101.md?p=29), amounts equivalent to the fees that would be paid to the [Secretary](/usc/42/10101.md?p=20) under the contracts referred to in this section if such waste or spent fuel were generated by any other person.
- (c) **Establishment of Nuclear Waste Fund—** There hereby is established in the Treasury of the United States a separate fund, to be known as the Nuclear [Waste Fund](/usc/42/10101.md?p=29). The [Waste Fund](/usc/42/10101.md?p=29) shall consist of—
  - (1) all receipts, proceeds, and recoveries realized by the [Secretary](/usc/42/10101.md?p=20) under subsections [(a)](#a), [(b)](#b), and [(e)](#e), which shall be deposited in the [Waste Fund](/usc/42/10101.md?p=29) immediately upon their realization;
  - (2) any appropriations made by the Congress to the [Waste Fund](/usc/42/10101.md?p=29); and
  - (3) any unexpended balances available on January 7, 1983, for functions or activities necessary or incident to the [disposal](/usc/42/10101.md?p=9) of civilian [high-level radioactive waste](/usc/42/10101.md?p=12) or civilian [spent nuclear fuel](/usc/42/10101.md?p=23), which shall automatically be transferred to the [Waste Fund](/usc/42/10101.md?p=29) on such date.
- (d) **Use of Waste Fund—** The [Secretary](/usc/42/10101.md?p=20) may make expenditures from the [Waste Fund](/usc/42/10101.md?p=29), subject to [subsection (e)](#e), only for purposes of radioactive waste [disposal](/usc/42/10101.md?p=9) activities under subchapters I and II, including—
  - (1) the identification, development, licensing, [construction](/usc/42/300s–3.md?p=7), operation, decommissioning, and post-decommissioning maintenance and monitoring of any [repository](/usc/42/10101.md?p=18), monitored,[^2] retrievable [storage](/usc/42/10101.md?p=25) facility[^3] or [test and evaluation facility](/usc/42/10101.md?p=27) constructed under this chapter;
  - (2) the conducting of nongeneric research, development, and demonstration activities under this chapter;
  - (3) the administrative cost of the radioactive waste [disposal](/usc/42/10101.md?p=9) program;
  - (4) any costs that may be incurred by the [Secretary](/usc/42/10101.md?p=20) in connection with the transportation, treating, or packaging of [spent nuclear fuel](/usc/42/10101.md?p=23) or [high-level radioactive waste](/usc/42/10101.md?p=12) to be disposed of in a [repository](/usc/42/10101.md?p=18), to be stored in a monitored,[^2] retrievable [storage](/usc/42/10101.md?p=25) site[^3] or to be used in a [test and evaluation facility](/usc/42/10101.md?p=27);
  - (5) the costs associated with acquisition, design, modification, replacement, operation, and [construction](/usc/42/300s–3.md?p=7) of facilities at a [repository](/usc/42/10101.md?p=18) site, a monitored,[^2] retrievable [storage](/usc/42/10101.md?p=25) site[^3] or a [test and evaluation facility](/usc/42/10101.md?p=27) site and necessary or incident to such [repository](/usc/42/10101.md?p=18), monitored,[^2] retrievable [storage](/usc/42/10101.md?p=25) facility[^3] or [test and evaluation facility](/usc/42/10101.md?p=27); and
  - (6) the provision of assistance to [States](/usc/42/10101.md?p=24), units of general local government, and [Indian tribes](/usc/42/10101.md?p=15) under sections [10136](/usc/42/10136.md), [10138](/usc/42/10138.md), and [10199](/usc/42/10199.md) of this title.

  No amount may be expended by the [Secretary](/usc/42/10101.md?p=20) under this subchapter[^1] for the [construction](/usc/42/300s–3.md?p=7) or expansion of any facility unless such [construction](/usc/42/300s–3.md?p=7) or expansion is expressly authorized by this or subsequent legislation. The [Secretary](/usc/42/10101.md?p=20) hereby is authorized to construct one [repository](/usc/42/10101.md?p=18) and one [test and evaluation facility](/usc/42/10101.md?p=27).

- (e) **Administration of Waste Fund—**
  - (1) The [Secretary](/usc/42/10101.md?p=20) of the Treasury shall hold the [Waste Fund](/usc/42/10101.md?p=29) and, after consultation with the [Secretary](/usc/42/10101.md?p=20), annually report to the Congress on the financial condition and operations of the [Waste Fund](/usc/42/10101.md?p=29) during the preceding fiscal year.
  - (2) The [Secretary](/usc/42/10101.md?p=20) shall submit the budget of the [Waste Fund](/usc/42/10101.md?p=29) to the [Office](/usc/42/10101.md?p=17) of Management and Budget triennially along with the budget of the [Department](/usc/42/10101.md?p=8) of Energy submitted at such time in accordance with chapter 11 of title 31. The budget of the [Waste Fund](/usc/42/10101.md?p=29) shall consist of the estimates made by the [Secretary](/usc/42/10101.md?p=20) of expenditures from the [Waste Fund](/usc/42/10101.md?p=29) and other relevant financial matters for the succeeding 3 fiscal years, and shall be included in the Budget of the United States Government. The [Secretary](/usc/42/10101.md?p=20) may make expenditures from the [Waste Fund](/usc/42/10101.md?p=29), subject to appropriations which shall remain available until expended. Appropriations shall be subject to triennial authorization.
  - (3) If the [Secretary](/usc/42/10101.md?p=20) determines that the [Waste Fund](/usc/42/10101.md?p=29) contains at any time amounts in excess of current needs, the [Secretary](/usc/42/10101.md?p=20) may request the [Secretary](/usc/42/10101.md?p=20) of the Treasury to invest such amounts, or any portion of such amounts as the [Secretary](/usc/42/10101.md?p=20) determines to be appropriate, in obligations of the United States—
    - (A) having maturities determined by the [Secretary](/usc/42/10101.md?p=20) of the Treasury to be appropriate to the needs of the [Waste Fund](/usc/42/10101.md?p=29); and
    - (B) bearing interest at rates determined to be appropriate by the [Secretary](/usc/42/10101.md?p=20) of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturities of such investments, except that the interest rate on such investments shall not exceed the average interest rate applicable to existing borrowings.
  - (4) Receipts, proceeds, and recoveries realized by the [Secretary](/usc/42/10101.md?p=20) under this section, and expenditures of amounts from the [Waste Fund](/usc/42/10101.md?p=29), shall be exempt from annual apportionment under the provisions of subchapter II of chapter 15 of title 31.
  - (5) If at any time the moneys available in the [Waste Fund](/usc/42/10101.md?p=29) are insufficient to enable the [Secretary](/usc/42/10101.md?p=20) to discharge his responsibilities under this subchapter,[^1] the [Secretary](/usc/42/10101.md?p=20) shall issue to the [Secretary](/usc/42/10101.md?p=20) of the Treasury obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be agreed to by the [Secretary](/usc/42/10101.md?p=20) and the [Secretary](/usc/42/10101.md?p=20) of the Treasury. The total of such obligations shall not exceed amounts provided in appropriation Acts. Redemption of such obligations shall be made by the [Secretary](/usc/42/10101.md?p=20) from moneys available in the [Waste Fund](/usc/42/10101.md?p=29). Such obligations shall bear interest at a rate determined by the [Secretary](/usc/42/10101.md?p=20) of the Treasury, which shall be not less than a rate determined by taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligations under this paragraph. The [Secretary](/usc/42/10101.md?p=20) of the Treasury shall purchase any issued obligations, and for such purpose the [Secretary](/usc/42/10101.md?p=20) of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under [chapter 31](/usc/31/chstIII/ch31.md) of title 31, and the purposes for which securities may be issued under such Act[^1] are extended to include any purchase of such obligations. The [Secretary](/usc/42/10101.md?p=20) of the Treasury may at any time sell any of the obligations acquired by him under this paragraph. All redemptions, purchases, and sales by the [Secretary](/usc/42/10101.md?p=20) of the Treasury of obligations under this paragraph shall be treated as public debt transactions of the United States.
  - (6) Any appropriations made available to the [Waste Fund](/usc/42/10101.md?p=29) for any purpose described in [subsection (d)](#d) shall be repaid into the general fund of the Treasury, together with interest from the date of availability of the appropriations until the date of repayment. Such interest shall be paid on the cumulative amount of appropriations available to the [Waste Fund](/usc/42/10101.md?p=29), less the average undisbursed cash balance in the [Waste Fund](/usc/42/10101.md?p=29) account during the fiscal year involved. The rate of such interest shall be determined by the [Secretary](/usc/42/10101.md?p=20) of the Treasury taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States of comparable maturity. Interest payments may be deferred with the approval of the [Secretary](/usc/42/10101.md?p=20) of the Treasury, but any interest payments so deferred shall themselves bear interest.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. The comma probably should not appear.
[^3]: So in original. Probably should be followed by a comma.

## Source credit

(Pub. L. 97–425, title III, § 302, Jan. 7, 1983, 96 Stat. 2257.)

## Notes

### Editorial Notes

### References in Text

Subsection (c), referred to in subsec. (a)(3), was in the original “subsection (c) 126(b)” and was translated as subsection (c) as the probable intent of Congress in view of the establishment of the Nuclear Waste Fund by subsec. (c) of this section and the absence of a section 126 in Pub. L. 97–425.

This subchapter, referred to in subsecs. (a)(5)(B), (d), and (e)(5), was in the original “this subtitle”, and was translated as this subchapter to reflect the probable intent of Congress because title III of Pub. L. 97–425, which enacted this subchapter, does not contain subtitles.

Such Act, referred to in subsec. (e)(5), probably means chapter 31 of Title 31, Money and Finance.

### Statutory Notes and Related Subsidiaries

### Termination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (e)(1) of this section relating to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 4th item on page 143 of House Document No. 103–7.