Sec. 11. Isotope research, development, and production
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The Department of Energy Research and Innovation Act ( 42 U.S.C. 18601 et seq. ) is amended by adding after section 310 (as added by section 10) the following: In this section, the term critical radioactive and stable isotope means a radioactive and stable isotope— 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 the supply of which is augmented through— Department production; or foreign suppliers.
In this section, the term critical radioactive and stable isotope does not include the medical isotope molybdenum-99, the production and supply of which is addressed in the American Medical Isotopes Production Act of 2012 ( Public Law 112–239 ; 126 Stat. 2211) (including the amendments made by that Act). The Director shall— carry out, in coordination with other relevant programs across the Department, a program— for the production of critical radioactive and stable isotopes, including the development of techniques to produce isotopes, that the Secretary determines are needed and of sufficient quality for research, medical, industrial, or related purposes; for the production of critical radioactive and stable isotopes that are in short supply, including byproducts, surplus materials, and related isotope services; to maintain and enhance the infrastructure required to produce and supply critical radioactive and stable isotope products and related services; 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 while assisting in workforce development; to reduce domestic dependency on the foreign supply of critical radioactive and stable isotopes to ensure national preparedness; and to the maximum extent practicable, in accordance with— evidence-based reports, including the 2015 report of the Nuclear Science Advisory Committee entitled Meeting Isotope Needs and Capturing Opportunities for the Future ; and assessments of isotope supply chains, including current and future assessments; or as the Director otherwise determines necessary to ensure the availability of sufficient quantities of critical radioactive and stable isotopes to address existing and future needs; ensure that isotope production activities carried out under this subsection are consistent with the statement of policy entitled Policies and Procedures for Transfer of Commercial Radioisotope Production and Distribution to Private Industry (30 Fed. Reg. 3247 (March 9, 1965)); assess the domestic requirements of current and emerging critical radioactive and stable isotopes and associated applications to identify areas that may require Federal investment for the development of domestic production capacity for those isotopes, including through public-private partnerships, as appropriate; ensure that isotope production activities are consistent with the needs of associated end-users, are of the quality needed by the end-users, and appropriately address the growing need for novel isotopes; ensure that actions taken by the Department do not interfere with, delay, or otherwise adversely affect efforts by the private sector to make available or otherwise facilitate the supply of critical radioactive and stable isotopes, including efforts under existing agreements between the Department or contractors of the Department and the private sector; and in coordination with the Assistant Secretary for Nuclear Energy, assess options for demonstrating the production of critical radioactive and stable isotopes in commercial nuclear reactors.
Not later than 90 days after the date of enactment of this section, the Secretary shall establish an advisory committee (referred to in this subsection as the committee ) in alignment with the Isotope Program of the Department— to carry out the activities previously executed as part of the Isotope Subcommittee of the Nuclear Science Advisory Committee; and to provide expert advice and assistance to the Director in carrying out subsection (a). Not later than 1 year after the committee is established, the committee shall— update the 2015 Nuclear Science Advisory Committee Isotope Committee Report entitled Meeting Isotope Needs and Capturing Opportunities for the Future ; and periodically update that report thereafter as needed.
An updated report under subparagraph
(A)shall include an assessment of— current demand in the United States for critical radioactive and stable isotopes; the impact of continued reliance on foreign supply of critical radioactive and stable isotopes; proposed mitigation strategies, including increasing domestic production sources for critical radioactive and stable isotopes, that— are not commercially available; or are commercially produced in quantities that are not sufficient— to satisfy domestic demand; and to minimize production constraints and supply disruptions to the United States healthcare and industrial isotope industries; current facilities, including upgrades to those facilities, and new facilities needed to meet domestic critical isotope needs; and workforce development needs. The committee shall work in alignment with, and shall not duplicate the efforts of, preexisting advisory committees that are advising the Isotope Program of the Department. The committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). Not later than the end of the first fiscal year beginning after the date of enactment of this section, and biennially thereafter, the Secretary shall submit to the Committees on Energy and Natural Resources and Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the progress made under the program established under subsection
(a)during the preceding 2 fiscal years. Each report under paragraph
(1)shall include— an updated assessment of any critical radioactive and stable isotope shortages in the United States; a description of— any disruptions in the international supply of critical radioactive and stable isotopes during the preceding 2 fiscal years; and the impact of those disruptions on related activities; and a projection of anticipated disruptions in the international supply, or supply constraints, of critical radioactive and stable isotopes during the next 2 fiscal years; and the anticipated impact of those disruptions or constraints, as applicable, on related domestic activities. 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— $90,000,000 for fiscal year 2022; $96,300,000 for fiscal year 2023; $103,041,000 for fiscal year 2024; $110,253,870 for fiscal year 2025; and $117,971,641 for fiscal year 2026. . Section 952(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16272(a) ) is amended— by redesignating paragraph
(2)as paragraph
(4)and moving the paragraph so as to appear after paragraph (3); and by inserting after paragraph
(1)the following: The Secretary, acting through the Assistant Secretary for Nuclear Energy, shall establish a subprogram of the program established under paragraph (1), to be known as the isotope demonstration subprogram , to support the development and commercial demonstration of critical radioactive and stable isotope production in existing commercial nuclear power plants. In considering options for demonstrating the production of critical radioactive and stable isotopes in commercial nuclear reactors under the subprogram established under subparagraph (A), the Secretary, acting through the Assistant Secretary for Nuclear Energy, shall consult with the Director of the Office of Science. In addition to any amounts made available to the Secretary under paragraph (4), there are authorized to be appropriated to the Secretary for each fiscal year described in that paragraph such sums as are necessary to carry out not more than 3 demonstration projects under the subprogram established under subparagraph (A). . The Secretary of Energy (referred to in this subsection as the Secretary ) shall construct a radioisotope processing facility to provide for the growing radiochemical processing capability needs associated with the production of critical radioactive isotopes authorized under section 311 of the Department of Energy Research and Innovation Act. Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there is authorized to be appropriated to the Secretary to carry out this subsection $375,000,000 for the period of fiscal years 2022 through 2026. The Secretary of Energy (referred to in this subsection as the Secretary ) shall establish a stable isotope production and research center— to expand the ability of the United States to perform multiple stable isotope production campaigns at large-scale production, as authorized under section 311 of the Department of Energy Research and Innovation Act; to mitigate the dependence of the United States on foreign-produced stable isotopes; and to promote economic resilience. Out of funds authorized to be appropriated for the Office of Science in a fiscal year, there is authorized to be appropriated to the Secretary to carry out this subsection $250,000,000 for the period of fiscal years 2022 through 2026.
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- Pub. L. 112-239
- 126 Stat. 2211
- 30 FR 3247
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Sec. 11
Isotope research, development, and production
Pub. L.Pub. L. 112-239
Stat.126 Stat. 2211
Fed. Reg.30 FR 3247
Cites 5Cited by 0 across 0 sources