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42 U.S.C. § 2065 — Improving the reliability of domestic medical isotope supply
Federal law — U.S. Code and appendices · legal_authorities
**(a) Medical isotope development projects**
(1) **In general** — The Secretary shall carry out a technology-neutral program—
(A) to evaluate and support projects for the production in the United States, without the use of highly enriched uranium, of significant quantities of molybdenum-99 for medical uses;
(B) to be carried out in cooperation with non-Federal entities; and
(C) the costs of which shall be shared in accordance with [section 16352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16352&num=0&edition=prelim).
(2) **Criteria** — Projects shall be evaluated against the following primary criteria:
(A) The length of time necessary for the proposed project to begin production of molybdenum-99 for medical uses within the United States.
(B) The capability of the proposed project to produce a significant percentage of United States demand for molybdenum-99 for medical uses.
(C) The capability of the proposed project to produce molybdenum-99 in a cost-effective manner.
(D) The cost of the proposed project.
(3) **Exemption** — An existing reactor in the United States fueled with highly enriched uranium shall not be disqualified from the program if the Secretary determines that—
(A) there is no alternative nuclear reactor fuel, enriched in the isotope U–235 to less than 20 percent, that can be used in that reactor;
(B) the reactor operator has provided assurances that, whenever an alternative nuclear reactor fuel, enriched in the isotope U–235 to less than 20 percent, can be used in that reactor, it will use that alternative in lieu of highly enriched uranium; and
(C) the reactor operator has provided a current report on the status of its efforts to convert the reactor to an alternative nuclear
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Source file: Laws/federal/codes/united-states-code/title-42/section-2065-improving-the-reliability-of-domestic-medical-isotope-supply--7389c74584.md
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Source location: Title 42, Chapter 23, § 2065; chapter-023-development-and-control-of-atomic-energy.md
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**(a) Medical isotope development projects**
(1) **In general** — The Secretary shall carry out a technology-neutral program—
(A) to evaluate and support projects for the production in the United States, without the use of highly enriched uranium, of significant quantities of molybdenum-99 for medical uses;
(B) to be carried out in cooperation with non-Federal entities; and
(C) the costs of which shall be shared in accordance with [section 16352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16352&num=0&edition=prelim).
(2) **Criteria** — Projects shall be evaluated against the following primary criteria:
(A) The length of time necessary for the proposed project to begin production of molybdenum-99 for medical uses within the United States.
(B) The capability of the proposed project to produce a significant percentage of United States demand for molybdenum-99 for medical uses.
(C) The capability of the proposed project to produce molybdenum-99 in a cost-effective manner.
(D) The cost of the proposed project.
(3) **Exemption** — An existing reactor in the United States fueled with highly enriched uranium shall not be disqualified from the program if the Secretary determines that—
(A) there is no alternative nuclear reactor fuel, enriched in the isotope U–235 to less than 20 percent, that can be used in that reactor;
(B) the reactor operator has provided assurances that, whenever an alternative nuclear reactor fuel, enriched in the isotope U–235 to less than 20 percent, can be used in that reactor, it will use that alternative in lieu of highly enriched uranium; and
(C) the reactor operator has provided a current report on the status of its efforts to convert the reactor to an alternative nuclear reactor fuel enriched in the isotope U–235 to less than 20 percent, and an anticipated schedule for completion of conversion.
(4) **Public participation and review** — The Secretary shall—
(A) develop a program plan and annually update the program plan through public workshops; and
(B) use the Nuclear Science Advisory Committee to conduct triennial reviews of the progress made in achieving the program goals and make recommendations to improve program effectiveness.
**(b) Development assistance** The Secretary shall carry out a program to provide assistance for—
(1) the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium; and
(2) commercial operations using the fuels, targets, and processes described in paragraph (1).
**(c) Uranium lease and take-back**
(1) **In general** — The Secretary shall establish a program to make low enriched uranium available, through lease contracts, for irradiation for the production of molybdenum-99 for medical uses.
(2) **Title** — The lease contracts shall provide for the producers of the molybdenum-99 to take title to and be responsible for the molybdenum-99 created by the irradiation, processing, or purification of uranium leased under this section.
(3) **Duties**
(A) *Secretary* — The lease contracts shall require the Secretary—
(i) to retain responsibility for the final disposition of spent nuclear fuel created by the irradiation, processing, or purification of uranium leased under this section for the production of medical isotopes; and
(ii) to take title to and be responsible for the final disposition of radioactive waste created by the irradiation, processing, or purification of uranium leased under this section for which the Secretary determines the producer does not have access to a disposal path.
(B) *Producer* — The producer of the spent nuclear fuel and radioactive waste shall accurately characterize, appropriately package, and transport the spent nuclear fuel and radioactive waste prior to acceptance by the Department.
(4) **Compensation**
(A) *In general* — Subject to subparagraph (B), the lease contracts shall provide for compensation in cash amounts equivalent to prevailing market rates for the sale of comparable uranium products and for compensation in cash amounts equivalent to the net present value of the cost to the Federal Government for—
(i) the final disposition of spent nuclear fuel and radioactive waste for which the Department is responsible under paragraph (3); and
(ii) other costs associated with carrying out the uranium lease and take-back program authorized by this subsection.
(B) *Discount rate* — The discount rate used to determine the net present value of costs described in subparagraph (A)(ii) shall be not greater than the average interest rate on marketable Treasury securities.
(5) **Authorized use of funds** — Subject to the availability of appropriations, the Secretary may obligate and expend funds received under leases entered into under this subsection, which shall remain available until expended, for the purpose of carrying out the activities authorized by this subtitle, including activities related to the final disposition of spent nuclear fuel and radioactive waste for which the Department is responsible under paragraph (3).
(6) **Exchange of uranium for services** — The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for—
(A) services related to the final disposition of the spent nuclear fuel and radioactive waste for which the Department is responsible under paragraph (3); or
(B) any other services associated with carrying out the uranium lease and take-back program authorized by this subsection.
**(d) Coordination of environmental reviews** The Department and the Nuclear Regulatory Commission shall ensure to the maximum extent practicable that environmental reviews for the production of the medical isotopes shall complement and not duplicate each review.
**(e) Operational date** The Secretary shall establish a program as described in subsection (c)(3) not later than 3 years after January 2, 2013.
**(f) Radioactive waste** Notwithstanding [section 10101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10101&num=0&edition=prelim), radioactive material resulting from the production of medical isotopes that has been permanently removed from a reactor or subcritical assembly and for which there is no further use shall be considered low-level radioactive waste if the material is acceptable under Federal requirements for disposal as low-level radioactive waste.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a Nuclear Waste Technical Review Board that shall be an independent establishment within the executive branch.
**(b) Members**
(1) The Board shall consist of 11 members who shall be appointed by the President not later than 90 days after December 22, 1987, from among persons nominated by the National Academy of Sciences in accordance with paragraph (3).
(2) The President shall designate a member of the Board to serve as chairman.
(3)
(A) The National Academy of Sciences shall, not later than 90 days after December 22, 1987, nominate not less than 22 persons for appointment to the Board from among persons who meet the qualifications described in subparagraph (C).
(B) The National Academy of Sciences shall nominate not less than 2 persons to fill any vacancy on the Board from among persons who meet the qualifications described in subparagraph (C).
(C)
(i) Each person nominated for appointment to the Board shall be—
(I) eminent in a field of science or engineering, including environmental sciences; and
(II) selected solely on the basis of established records of distinguished service.
(ii) The membership of the Board shall be representative of the broad range of scientific and engineering disciplines related to activities under this subchapter.
(iii) No person shall be nominated for appointment to the Board who is an employee of—
(I) the Department of Energy;
(II) a national laboratory under contract with the Department of Energy; or
(III) an entity performing high-level radioactive waste or spent nuclear fuel activities under contract with the Department of Energy.
(4) Any vacancy on the Board shall be filled by the nomination and appointment process described in para
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that—
**(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
**(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2011
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary is authorized to establish a Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Department and National Laboratories.
**(b) Service requirement** The Secretary may require that an individual receiving a scholarship under this section serve as a full-time employee of the Department or a National Laboratory for a fixed period in return for receiving the scholarship.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16352
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of critical radioactive and stable isotope**
(1) **In general** — In this section, the term “critical radioactive and stable isotope” means a radioactive and stable isotope—
(A) the domestic commercial production of which is unavailable or inadequate to satisfy the demand of research, medical, industrial, or related industries in the United States; and
(B) the supply of which is augmented through—
(i) Department production; or
(ii) foreign suppliers.
(2) **Exclusion** — In this section, the term “critical radioactive and stable isotope” does not include the medical isotope molybdenum-99, the production and supply of which is addressed in the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211) (including the amendments made by that Act).
**(b) Program** The Director shall—
(1) carry out, in coordination with other relevant programs across the Department, a program—
(A) for the production of critical radioactive and stable isotopes, including the development of techniques to produce isotopes, that the Secretary determines are needed and of sufficient quality and quantity for research, medical, industrial, or related purposes;
(B) for the production of critical radioactive and stable isotopes that are in short supply or projected to be in short supply in the future, including byproducts, surplus materials, and related isotope services;
(C) to maintain and enhance the infrastructure required to produce and supply critical radioactive and stable isotope products and related services;
(D) to conduct research and development on new and improved isotope production and processing techniques that can make critical radioactive and stable isotopes available for research and application as soon as pos
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18650
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Federal law — U.S. Code and appendices · legal_authorities
Page 5400
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2065
mental utilization facilities of the Commission,
such energy may be used by the Commission, or
transferred to other Government agencies, or
sold to publicly, cooperatively, or privately
owned utilities or users at reasonable and non-
discriminatory prices. If the energy produced is
electric energy, the price shall be subject to reg-
ulation by the appropriate agency having juris-
diction. In contracting for the disposal of such
energy, the Commission shall give preference
and priority to public bodies and cooperatives or
to privately owned utilities providing electric
utility services to high cost areas not being
served by public bodies or cooperatives. Nothing
in this chapter shall be construed to authorize
the Commission to engage in the sale or dis-
tribution of energy for commercial use except
such energy as may be produced by the Commis-
sion incident to the operation of research and
development facilities of the Commission, or of
production facilities of the Commission.
(Aug. 1, 1946, ch. 724, title I, § 44, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 929; renumbered
title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct.
24, 1992, 106 Stat. 2944.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added
by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as
the Atomic Energy Act of 1954, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 2011 of this title and Tables.
PRIOR PROVISIONS
Provisions similar to those comprising this section
were contained in section 7(d) of act Aug. 1, 1946, ch
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2065
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