42 U.S.C. § 18649 — Isotope research, development, and pro-

Page 9192 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18649 (d) Research collaborations In developing accelerator technologies under the program authorized under subsection (a), the Director shall— (1) consider the requirements necessary to support translational research and develop- ment for medical, industrial, security, and de- fense applications; and (2) leverage investments in accelerator tech- nologies and fundamental research in particle physics by partnering with institutions of higher education, industry, and other Federal agencies to enable the commercial application of advanced accelerator technologies. (e) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this sec- tion— (1) $19,080,000 for fiscal year 2023; (2) $20,224,800 for fiscal year 2024; (3) $21,438,288 for fiscal year 2025; (4) $22,724,585 for fiscal year 2026; and (5) $24,088,060 for fiscal year 2027. (Pub. L. 115–246, title III, § 310, as added Pub. L. 117–167, div. B, title I, § 10109, Aug. 9, 2022, 136 Stat. 1451.) § 18649. Isotope research, development, and pro- duction (a) Definition of critical radioactive and stable isotope (1) In general In this section, the term ‘‘critical radio- active 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 radio- active and stable isotope’’ does not include the medical isotope molybdenum-99, the produc- tion and supply of which is addressed in the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211) (includ- ing the amendments made by that Act). (b) Program The Director shall— (1) carry out, in coordination with other rel- evant programs across the Department, a pro- gram— (A) for the production of critical radio- active and stable isotopes, including the de- velopment of techniques to produce isotopes, that the Secretary determines are needed and of sufficient quality and quantity for re- search, medical, industrial, or related pur- poses; (B) for the production of critical radio- active 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 infra- structure required to produce and supply critical radioactive and stable isotope prod- ucts 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 possible while assisting in workforce development; (E) to reduce domestic dependency on the foreign supply of critical radioactive and stable isotopes to ensure national prepared- ness; and (F) to the maximum extent practicable, in accordance with— (i) evidence-based reports, such as the 2015 report of the Nuclear Science Advi- sory Committee entitled ‘‘Meeting Isotope Needs and Capturing Opportunities for the Future’’; and (ii) assessments of isotope supply chains, including the assessment described in paragraph (3), any reports submitted pur- suant to subsection (d), and other current and future assessments; (2) ensure that isotope production activities carried out under this subsection are con- sistent with the statement of policy entitled ‘‘Policies and Procedures for Transfer of Com- mercial Radioisotope Production and Distribu- tion to Private Industry’’ (30 Fed. Reg. 3247 (March 9, 1965)); (3) assess the domestic requirements of cur- rent and emerging critical radioactive and sta- ble isotopes and associated applications, in- cluding by consulting end-users, to identify areas that may require Federal investment for expedited development of domestic production capacity for those isotopes, including through public-private partnerships, as appropriate; (4) ensure that actions taken by the Depart- ment do not interfere with, delay, compete with, or otherwise adversely affect efforts by the private sector to make available or other- wise facilitate the supply of critical radio- active and stable isotopes, including efforts under existing agreements between the De- partment or contractors of the Department and the private sector; and (5) in coordination with the Assistant Sec- retary for Nuclear Energy, assess options for demonstrating the production of critical ra- dioactive and stable isotopes in research, test, or commercial nuclear reactors and accelera- tors, including reactors and accelerators oper- ated at universities. (c) Advisory committee (1) In general Not later than 90 days after August 9, 2022, the Secretary shall establish an advisory com- mittee (referred to in this subsection as the ‘‘committee’’) in alignment with the program established under subsection (b)— (A) to carry out the activities previously executed as part of the Isotope Sub- committee of the Nuclear Science Advisory Committee; and Page 9193 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18649 1 See References in Text note below. (B) to provide expert advice and assistance to the Director in carrying out that pro- gram. (2) Report (A) In general Not later than 1 year after the committee is established, the committee shall— (i) update the 2015 Nuclear Science Advi- sory Committee Isotopes Subcommittee Report entitled ‘‘Meeting Isotope Needs and Capturing Opportunities for the Fu- ture’’; and (ii) periodically update that report thereafter as needed. (B) Inclusions An updated report under subparagraph (A) shall include an assessment of— (i) current demand in the United States for critical radioactive and stable isotopes; (ii) the impact of continued reliance on foreign supply of critical radioactive and stable isotopes; (iii) proposed mitigation strategies, in- cluding increasing domestic production sources for critical radioactive and stable isotopes, that— (I) are not commercially available; or (II) are commercially produced in quantities that are not sufficient— (aa) to satisfy domestic demand; and (bb) to minimize production con- straints and supply disruptions to the United States healthcare and indus- trial isotope industries; (iv) current facilities, including upgrades to those facilities, and new facilities need- ed to meet domestic critical isotope needs; and (v) workforce development needs. (3) Nonduplication The committee shall work in alignment with, and shall not duplicate the efforts of, preexisting advisory committees that are ad- vising the program established under sub- section (b). (4) FACA The committee shall be subject to the Fed- eral Advisory Committee Act (5 U.S.C. App.).1 (d) Report (1) In general Not later than the end of the first fiscal year beginning after August 9, 2022, and biennially thereafter, the Secretary of Energy Advisory Board shall submit to the Committees on En- ergy and Natural Resources and Environment and Public Works of the Senate and the Com- mittees on Science, Space, and Technology and Energy and Commerce of the House of Representatives a report describing the progress made under the program established under subsection (b) during the preceding 2 fis- cal years. (2) Inclusions Each report under paragraph (1) shall in- clude— (A) an updated assessment of any critical radioactive and stable isotope shortages in the United States; (B) a description of— (i) any disruptions in the international supply of critical radioactive and stable isotopes during the preceding 2 fiscal years; and (ii) the impact of those disruptions on related activities; and (C)(i) a projection of anticipated disrup- tions in the international supply, or supply constraints, of critical radioactive and sta- ble isotopes during the next 2 fiscal years; and (ii) the anticipated impact of those disrup- tions or constraints, as applicable, on re- lated domestic activities. (e) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out this section— (1) $175,708,000 for fiscal year 2023; (2) $196,056,480 for fiscal year 2024; (3) $215,759,869 for fiscal year 2025; (4) $200,633,461 for fiscal year 2026; and (5) $146,293,469 for fiscal year 2027. (Pub. L. 115–246, title III, § 311, as added Pub. L. 117–167, div. B, title I, § 10110(a), Aug. 9, 2022, 136 Stat. 1452.) Editorial Notes REFERENCES IN TEXT The American Medical Isotopes Production Act of 2012, referred to in subsec. (a)(2), is subtitle F (§§ 3171–3178) of title XXXI of div. C of Pub. L. 112–239, which enacted sections 2065 and 2142 of this title, amended section 2160d of this title, and enacted provi- sions set out as a note under section 2065 of this title. For complete classification of this Act to the Code, see Short Title of 2013 Amendment note set out under sec- tion 2011 of this title and Tables. The Federal Advisory Committee Act, referred to in subsec. (c)(4), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. Statutory Notes and Related Subsidiaries RADIOISOTOPE PROCESSING FACILITY AND STABLE ISOTOPE PRODUCTION AND RESEARCH CENTER Pub. L. 117–167, div. B, title I, § 10110(c), (d), Aug. 9, 2022, 136 Stat. 1455, provided that: ‘‘(c) Radioisotope Processing Facility.— ‘‘(1) IN GENERAL.—The Secretary of Energy (referred to in this subsection as ‘‘the Secretary’’) shall con- struct a radioisotope processing facility to provide for the growing radiochemical processing capability needs associated with the production of critical ra- dioactive isotopes authorized under section 311 of the Department of Energy Research and Innovation Act [42 U.S.C. 18649]. ‘‘(2) FUNDING.—Out of funds authorized to be appro- priated under section 311(e) of the Department of En- ergy Research and Innovation Act, there are author- ized to be appropriated to the Secretary to carry out this subsection— Page 9194 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 18650 ‘‘(A) $30,500,000 for fiscal year 2023; ‘‘(B) $75,000,000 for fiscal year 2024; ‘‘(C) $105,000,000 for fiscal year 2025; ‘‘(D) $83,000,000 for fiscal year 2026; and ‘‘(E) $43,000,000 for fiscal year 2027. ‘‘(d) STABLE ISOTOPE PRODUCTION AND RESEARCH CEN- TER.— ‘‘(1) IN GENERAL.—The Secretary of Energy (referred to in this subsection as ‘‘the Secretary’’) shall estab- lish a stable isotope production and research center— ‘‘(A) to expand the ability of the United States to perform multiple stable isotope production cam- paigns at large-scale production, as authorized under section 311 of the Department of Energy Re- search and Innovation Act; ‘‘(B) to mitigate the dependence of the United States on foreign-produced stable isotopes; ‘‘(C) to promote economic resilience; and ‘‘(D) to conduct research and development on sta- ble isotope production and associated methods and technology. ‘‘(2) FUNDING.—Out of funds authorized to be appro- priated under section 311(e) of the Department of En- ergy Research and Innovation Act, there are author- ized to be appropriated to the Secretary to carry out this subsection— ‘‘(A) $74,400,000 for fiscal year 2023; ‘‘(B) $46,000,000 for fiscal year 2024; ‘‘(C) $31,200,000 for fiscal year 2025; ‘‘(D) $33,300,000 for fiscal year 2026; and ‘‘(E) $13,900,000 for fiscal year 2027.’’ § 18650. Increased collaboration with teachers and scientists The Director shall support the development of a scientific workforce through programs that fa- cilitate collaboration between and among teach- ers at elementary schools and secondary schools served by local educational agencies, students at institutions of higher education, early-career re- searchers, faculty at institutions of higher edu- cation, and the National Laboratories, including through the use of proven techniques to expand the number of individuals from underrep- resented groups pursuing and attaining skills or undergraduate and graduate degrees relevant to the mission of the Office of Science. (Pub. L. 115–246, title III, § 312, as added Pub. L. 117–167, div. B, title I, § 10111(a), Aug. 9, 2022, 136 Stat. 1456.) § 18651. High intensity laser research initiative (a) In general The Director shall establish a high intensity laser research initiative consistent with the rec- ommendations of the National Academies report entitled ‘‘Opportunities in Intense Ultrafast La- sers: Reaching for the Brightest Light’’ and the report from the Brightest Light Initiative work- shop entitled ‘‘The Future of Intense Ultrafast Lasers in the U.S.’’. The initiative should in- clude research and development of petawatt- scale and of high average power laser tech- nologies necessary for future facility needs in discovery science and to advance energy tech- nologies, as well as support for a user network of academic and National Laboratory high inten- sity laser facilities. (b) Leverage The Director shall leverage new laser tech- nologies for more compact, less complex, and low-cost accelerator systems needed for science applications. (c) Coordination (1) Director The Director shall coordinate the initiative established under subsection (a) among all rel- evant programs within the Office of Science. (2) Under Secretary The Under Secretary for Science shall co- ordinate the initiative established under sub- section (a) with other relevant programs with- in the Department and other Federal agencies. (d) Authorization of appropriations Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there are authorized to be appropriated to the Secretary to carry out the activities described in this sec- tion— (1) $50,000,000 for fiscal year 2023; (2) $100,000,000 for fiscal year 2024; (3) $150,000,000 for fiscal year 2025; (4) $200,000,000 for fiscal year 2026; and (5) $250,000,000 for fiscal year 2027. (Pub. L. 115–246, title III, § 313, as added Pub. L. 117–167, div. B, title I, § 10112(a), Aug. 9, 2022, 136 Stat. 1459.) § 18652. Helium conservation program (a) In general The Secretary shall establish a program to re- duce the consumption of helium for Department grant recipients and facilities and encourage he- lium recycling and reuse. The program shall competitively award grants for— (1) the purchase of equipment to capture, reuse, and recycle helium; (2) the installation, maintenance, and repair of new and existing helium capture, reuse, and recycling equipment; and (3) helium alternatives research and develop- ment activities. (b) Report Not later than 2 years after August 9, 2022, and every 3 years thereafter, the Director shall sub- mit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate a report on the purchase of helium as part of research projects and facilities supported by the Department. The report shall include— (1) the quantity of helium purchased for projects and facilities supported by Depart- ment grants; (2) a cost-analysis for such helium; (3) to the maximum extent practicable, in- formation on whether such helium was im- ported from outside the United States, and if available, the country or region of the world from which the helium was imported; (4) expected or experienced impacts of he- lium supply shortages or prices on the re- search projects and facilities supported by the Department; and (5) recommendations for reducing Depart- ment grant recipients’ exposure to volatile he- lium prices and supply shortages. (c) Coordination In carrying out the program under this sec- tion, the Director shall coordinate with the Na-