42 USC 2065 - Improving the reliability of domestic medical isotope supply

U.S Code last checked for updates: May 03, 2024

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§ 2065.

Improving the reliability of domestic medical 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 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.

(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

(2)

Title

(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

(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

(5)

Authorized use of funds

(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

(e)

Operational date

(f)

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.)

cite as: 42 USC 2065