42 U.S.C. § 2065 — Improving the reliability of domestic med-

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. 724, 60 Stat. 764, which was classified to section 1807(d) of this title, prior to the general amendment and re- numbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2065. Improving the reliability of domestic med- ical isotope supply (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 sig- nificant 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. (2) Criteria Projects shall be evaluated against the fol- lowing primary criteria: (A) The length of time necessary for the proposed project to begin production of mo- lybdenum-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-effec- tive 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 Sec- retary 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 re- actor; (B) the reactor operator has provided as- surances that, whenever an alternative nu- clear 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 nu- clear reactor fuel enriched in the isotope U–235 to less than 20 percent, and an antici- pated 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 Com- mittee to conduct triennial reviews of the progress made in achieving the program goals and make recommendations to im- prove 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 produc- tion 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 produc- tion of molybdenum-99 for medical uses. (2) Title The lease contracts shall provide for the pro- ducers of the molybdenum-99 to take title to and be responsible for the molybdenum-99 cre- ated by the irradiation, processing, or purifi- cation of uranium leased under this section. (3) Duties (A) Secretary The lease contracts shall require the Sec- retary— (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 Page 5401 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2071 (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 deter- mines the producer does not have access to a disposal path. (B) Producer The producer of the spent nuclear fuel and radioactive waste shall accurately charac- terize, 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 con- tracts shall provide for compensation in cash amounts equivalent to prevailing mar- ket 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 pro- gram authorized by this subsection. (B) Discount rate The discount rate used to determine the net present value of costs described in sub- paragraph (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, includ- ing 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 ex- change for— (A) services related to the final disposition of the spent nuclear fuel and radioactive waste for which the Department is respon- sible under paragraph (3); or (B) any other services associated with car- rying 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 ex- tent 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 de- scribed in subsection (c)(3) not later than 3 years after January 2, 2013. (f) Radioactive waste Notwithstanding section 10101 of this title, ra- dioactive material resulting from the produc- tion of medical isotopes that has been perma- nently removed from a reactor or subcritical as- sembly and for which there is no further use shall be considered low-level radioactive waste if the material is acceptable under Federal re- quirements for disposal as low-level radioactive waste. (Pub. L. 112–239, div. C, title XXXI, § 3173, Jan. 2, 2013, 126 Stat. 2211; Pub. L. 117–81, div. C, title XXXI, § 3131(c), Dec. 27, 2021, 135 Stat. 2230.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsec. (c)(5), is subtitle F (§§ 3171–3178) of title XXXI of div. C of Pub. L. 112–239. For complete classification of this subtitle to the Code, see Short Title of 2013 Amendment note set out under section 2011 of this title and Tables. CODIFICATION Section was enacted as part of the American Medical Isotopes Production Act of 2012 and also as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Atomic Energy Act of 1954 which comprises this chapter. AMENDMENTS 2021—Subsec. (a)(4)(B). Pub. L. 117–81 substituted ‘‘tri- ennial reviews’’ for ‘‘annual reviews’’. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 112–239, div. C, title XXXI, § 3172, Jan. 2, 2013, 126 Stat. 2211, provided that: ‘‘In this subtitle [subtitle F (§§ 3171–3178), see Short Title of 2013 Amendment note set out under section 2011 of this title and Tables]: ‘‘(1) DEPARTMENT.—The term ‘Department’ means the Department of Energy. ‘‘(2) HIGHLY ENRICHED URANIUM.—The term ‘highly enriched uranium’ means uranium enriched to 20 per- cent or greater in the isotope U–235. ‘‘(3) LOW ENRICHED URANIUM.—The term ‘low en- riched uranium’ means uranium enriched to less than 20 percent in the isotope U–235. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Energy.’’ SUBCHAPTER V—SPECIAL NUCLEAR MATERIAL § 2071. Determination of other material as special nuclear material; Presidential assent; effec- tive date The Commission may determine from time to time that other material is special nuclear ma- terial in addition to that specified in the defini- tion as special nuclear material. Before making any such determination, the Commission must find that such material is capable of releasing substantial quantities of atomic energy and must find that the determination that such ma- terial is special nuclear material is in the inter- est of the common defense and security, and the President must have expressly assented in writ- ing to the determination. The Commission’s de- termination, together with the assent of the President, shall be submitted to the Energy Committees and a period of thirty days shall