Title 42, The Public Health and WelfareRelease 119-110

§2065 Improving the Reliability of Domestic Medical Isotope Supply

Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER IV — PRODUCTION OF SPECIAL NUCLEAR MATERIAL › § 2065

Last updated Sep 22, 2026|Official source

Summary

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.

Full Legal Text

Title 42, §2065

The Public Health and Welfare, Source: USLM XML via OLRC

(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)
(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 production of molybdenum-99 for medical uses.
(2)Title
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.
(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
The producer of the spent nuclear fuel and radioactive waste shall accurately characterize, 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 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)
(ii)other costs associated with carrying out the uranium lease and take-back program authorized by this subsection.
(B)Discount rate
The discount rate used to determine the net present value of costs described in subparagraph (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, 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)
(B)any other services associated with carrying 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 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.

Legislative History

Notes & Related Subsidiaries

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 “triennial 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 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.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 2065

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110