Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER IV — PRODUCTION OF SPECIAL NUCLEAR MATERIAL › § 2065
The Secretary must run a neutral program to support U.S. production of molybdenum-99 (Mo-99) for medical use without using highly enriched uranium (HEU). The work must happen with non‑Federal partners, and costs are shared under section 16352. Projects are judged mainly by how fast they can start making Mo-99, how much of U.S. demand they can meet, whether they can do it cheaply, and the total project cost. A U.S. reactor that now uses HEU can still join if it shows there is no usable low‑enriched fuel (less than 20% U‑235) for that reactor, promises to switch when a usable alternative is available, and gives a current report and schedule for conversion. The Secretary must create and update a public program plan with workshops and have the Nuclear Science Advisory Committee review progress every three years and recommend improvements. The Secretary must also help develop non‑HEU fuels, targets, and processes and support commercial operations using them. The Secretary must set up a program to lease low‑enriched uranium (LEU) for making Mo-99. Producers will own the Mo-99 they create. Lease contracts must make the Department handle final disposal of spent fuel from the leased uranium and take ownership of radioactive waste if the producer has no disposal path. Producers must describe, package, and ship waste properly before the Department accepts it. Leases must pay cash equal to market rates for the uranium and cash equal to the net present value of the government’s disposal and program costs; the discount rate used may not be greater than the average interest rate on marketable Treasury securities. Lease funds may be used, if appropriated, for program activities and disposal work and remain available until spent. The Secretary may not trade uranium for disposal or other services. The Department and Nuclear Regulatory Commission must coordinate environmental reviews to avoid duplication. The lease-and-take-back program must be in place not later than 3 years after January 2, 2013. Radioactive material permanently removed from a reactor with no further use will be treated as low‑level waste if it meets federal disposal rules.
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The Public Health and Welfare, Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 2065
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110