42 U.S. Code § 2065 - Improving the reliability of domestic medical isotope supply
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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;
(C) the costs of which shall be shared in accordance with section 16352 of this title.
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.
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
(4) Public participation and review
The Secretary shall—
(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
(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.
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.
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
(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
(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
(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, 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.
Source(Pub. L. 112–239, div. C, title XXXI, § 3173,Jan. 2, 2013, 126 Stat. 2211.)
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.
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.
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 percent or greater in the isotope U–235.
“(3) Low enriched uranium.—The term ‘low enriched uranium’ means uranium enriched to less than 20 percent in the isotope U–235.
“(4) Secretary.—The term ‘Secretary’ means the Secretary of Energy.”