[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3276 Reported in House (RH)]
Union Calendar No. 187
111th CONGRESS
1st Session
H. R. 3276
[Report No. 111-328]
To promote the production of molybdenum-99 in the United States for
medical isotope production, and to condition and phase out the export
of highly enriched uranium for the production of medical isotopes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2009
Mr. Markey of Massachusetts (for himself and Mr. Upton) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
November 4, 2009
Additional sponsors: Mr. Carnahan, Mr. McGovern, Mr. Blunt, Mr. Inslee,
Ms. Sutton, and Ms. Zoe Lofgren of California
November 4, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on July
21, 2009]
_______________________________________________________________________
A BILL
To promote the production of molybdenum-99 in the United States for
medical isotope production, and to condition and phase out the export
of highly enriched uranium for the production of medical isotopes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Medical Isotopes Production
Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Molybdenum-99 is a critical medical isotope whose decay
product technecium-99m is used in approximately two-thirds of
all diagnostic medical isotope procedures in the United States,
or 16 million medical procedures annually, including for the
detection of cancer, heart disease, and thyroid disease,
investigating the operation of the brain and kidney, imaging
stress fractures, and tracking cancer stages.
(2) Molybdenum-99 has a half-life of 66 hours, and decays
at a rate of approximately one percent per hour after
production. As such, molybdenum-99 cannot be stockpiled.
Instead, molybdenum-99 production must be scheduled to meet the
projected demand and any interruption of the supply chain from
production, to processing, packaging, distribution, and use can
disrupt patient care.
(3) There are no facilities within the United States that
are dedicated to the production of molybdenum-99 for medical
uses. The United States must import molybdenum-99 from foreign
production facilities, and is dependent upon the continued
operation of these foreign facilities for millions of critical
medical procedures annually.
(4) Most reactors in the world which produce molybdenum-99
utilize highly enriched uranium, which can also be used in the
construction of nuclear weapons. In January 2009, the National
Academy of Sciences encouraged molybdenum-99 producers to
convert from highly enriched uranium to low enriched uranium,
and found that there are ``no technical reasons that adequate
quantities cannot be produced from LEU targets in the future''
and that ``a 7-10 year phase-out period would likely allow
enough time for all current HEU-based producers to convert''.
(5) The 51-year-old National Research Universal reactor in
Canada, which is responsible for producing approximately sixty
percent of United States demand for molybdenum-99 under normal
conditions, was shut down unexpectedly May 14, 2009, after the
discovery of a leak of radioactive water. It is unclear whether
the National Research Universal reactor will be able to resume
production of molybdenum-99.
(6) The United States currently faces an acute shortage of
molybdenum-99 and its decay product technetium-99m due to
technical problems which have seriously interrupted operations
of foreign nuclear reactors producing molybdenum-99.
(7) As a result of the critical shortage of molybdenum-99,
patient care in the United States is suffering. Medical
procedures requiring technetium-99 are being rationed or
delayed, and alternative treatments which are less effective,
more costly, and may result in increased radiation doses to
patients are being substituted in lieu of technetium-99.
(8) The radioactive isotope molybdenum-99 and its decay
product technetium-99m are critical to the health care of
Americans, and the continued availability of these isotopes, in
a reliable and affordable manner, is in the interest of the
United States.
(9) The United States should move expeditiously to ensure
that an adequate and reliable supply of molybdenum-99 can be
produced in the United States, without the use of highly
enriched uranium.
(10) Other important medical isotopes, including iodine-131
and xenon-133, can be produced as byproducts of the molybdenum-
99 fission production process. In January 2009, the National
Academy of Sciences concluded that these important medical
isotopes ``will be sufficiently available if Mo-99 is
available''. The coproduction of medically useful isotopes such
as iodine-131 and xenon-133 is an important benefit of
establishing molybdenum-99 production in the United States
without the use of highly enriched uranium, and these
coproduced isotopes should also be available for necessary
medical uses.
(11) The United States should accelerate its efforts to
convert nuclear reactors worldwide away from the use of highly
enriched uranium, which can be used in nuclear weapons, to low
enriched uranium. Converting nuclear reactors away from the use
of highly enriched uranium is a critically important element of
United States efforts to prevent nuclear terrorism, and
supports the goal announced in Prague by President Barack Obama
on April 5, 2009, to create ``a new international effort to
secure all vulnerable nuclear material around the world within
four years''.
(12) The United States is engaged in an effort to convert
civilian nuclear test and research reactors from highly
enriched uranium fuel to low enriched uranium fuel through the
Global Threat Reduction Initiative. As of September 2009, this
program has successfully converted 17 reactors in the United
States to low enriched uranium fuel, some of which are capable
of producing molybdenum-99 for medical uses.
SEC. 3. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISOTOPE SUPPLY.
(a) Medical Isotope Development Projects.--
(1) In general.--The Secretary of Energy shall establish a
program 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.
(2) Criteria.--Projects shall be judged 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 cost of the proposed project.
(3) Exemption.--An existing reactor fueled with highly
enriched uranium shall not be disqualified from the program if
the Secretary of Energy 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) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Energy for carrying out
the program under paragraph (1) $163,000,000 for the period
encompassing fiscal years 2010 through 2014.
(b) Development Assistance.--The Secretary of Energy shall
establish 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.--The Secretary of Energy 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 Secretary
to retain responsibility for the final disposition of radioactive waste
created by the irradiation, processing, or purification of leased
uranium. The lease contracts shall also 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 the final disposition of such radioactive waste,
provided that the discount rate used to determine the net present value
of such costs shall be no greater than the average interest rate on
marketable Treasury securities. With respect to the final disposition
of such radioactive waste from such leased uranium, the Secretary shall
not use the authorities under section 3112 of the USEC Privatization
Act (42 U.S.C. 2297h-10) or section 53, 63, or 161 m. of the Atomic
Energy Act of 1954 (42 U.S.C. 2073, 2093, or 2201(m)).
SEC. 4. EXPORTS.
Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d(b))
is amended by striking subsections b. and c. and inserting in lieu
thereof the following:
``b. Effective 7 years after the date of enactment of the American
Medical Isotopes Production Act of 2009, the Commission may not issue a
license for the export of highly enriched uranium from the United
States for the purposes of medical isotope production.
``c. The period referred to in subsection b. may be extended for no
more than four years if, no earlier than 6 years after the date of
enactment of the American Medical Isotopes Production Act of 2009, the
Secretary of Energy certifies to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate that--
``(1) there is insufficient global supply of molybdenum-99
produced without the use of highly enriched uranium available
to satisfy the domestic United States market; and
``(2) the export of United States-origin highly enriched
uranium for the purposes of medical isotope production is the
most effective temporary means to increase the supply of
molybdenum-99 to the domestic United States market.
``d. At any time after the restriction of export licenses provided
for in subsection b. becomes effective, if there is a critical shortage
in the supply of molybdenum-99 available to satisfy the domestic United
States medical isotope needs, the restriction of export licenses may be
suspended for a period of no more than 12 months, if--
``(1) the Secretary of Energy certifies to the Congress
that the export of United States-origin highly enriched uranium
for the purposes of medical isotope production is the only
effective temporary means to increase the supply of molybdenum-
99 necessary to meet United States medical isotope needs during
that period; and
``(2) the Congress passes a Joint Resolution approving the
temporary suspension of the restriction of export licenses.
``e. As used in this section--
``(1) the term `alternative nuclear reactor fuel or target'
means a nuclear reactor fuel or target which is enriched to
less than 20 percent in the isotope U-235;
``(2) the term `highly enriched uranium' means uranium
enriched to 20 percent or more in the isotope U-235;
``(3) a fuel or target `can be used' in a nuclear research
or test reactor if--
``(A) the fuel or target has been qualified by the
Reduced Enrichment Research and Test Reactor Program of
the Department of Energy; and
``(B) use of the fuel or target will permit the
large majority of ongoing and planned experiments and
isotope production to be conducted in the reactor
without a large percentage increase in the total cost
of operating the reactor; and
``(4) the term `medical isotope' includes molybdenum-99,
iodine-131, xenon-133, and other radioactive materials used to
produce a radiopharmaceutical for diagnostic, therapeutic
procedures or for research and development.''.
SEC. 5. REPORT ON DISPOSITION OF EXPORTS.
Not later than 1 year after the date of the enactment of this Act,
the Chairman of the Nuclear Regulatory Commission, after consulting
with other relevant agencies, shall submit to the Congress a report
detailing the current disposition of previous United States exports of
highly enriched uranium, including--
(1) their location;
(2) whether they are irradiated;
(3) whether they have been used for the purpose stated in
their export license;
(4) whether they have been used for an alternative purpose
and, if so, whether such alternative purpose has been
explicitly approved by the Commission;
(5) the year of export, and reimportation, if applicable;
(6) their current physical and chemical forms; and
(7) whether they are being stored in a manner which
adequately protects against theft and unauthorized access.
SEC. 6. DOMESTIC MEDICAL ISOTOPE PRODUCTION.
(a) In General.--Chapter 10 of the Atomic Energy Act of 1954 (42
U.S.C. 2131 et seq.) is amended by adding at the end the following new
section:
``Sec. 112. Domestic Medical Isotope Production. a. The Commission
may issue a license, or grant an amendment to an existing license, for
the use in the United States of highly enriched uranium as a target for
medical isotope production in a nuclear reactor, only if, in addition
to any other requirement of this Act--
``(1) the Commission determines that--
``(A) there is no alternative medical isotope
production target, enriched in the isotope U-235 to
less than 20 percent, that can be used in that reactor;
and
``(B) the proposed recipient of the medical isotope
production target has provided assurances that,
whenever an alternative medical isotope production
target can be used in that reactor, it will use that
alternative in lieu of highly enriched uranium; and
``(2) the Secretary of Energy has certified that the United
States Government is actively supporting the development of an
alternative medical isotope production target that can be used
in that reactor.
``b. As used in this section--
``(1) the term `alternative medical isotope production
target' means a nuclear reactor target which is enriched to
less than 20 percent of the isotope U-235;
``(2) a target `can be used' in a nuclear research or test
reactor if--
``(A) the target has been qualified by the Reduced
Enrichment Research and Test Reactor Program of the
Department of Energy; and
``(B) use of the target will permit the large
majority of ongoing and planned experiments and isotope
production to be conducted in the reactor without a
large percentage increase in the total cost of
operating the reactor;
``(3) the term `highly enriched uranium' means uranium
enriched to 20 percent or more in the isotope U-235; and
``(4) the term `medical isotope' includes molybdenum-99,
iodine-131, xenon-133, and other radioactive materials used to
produce a radiopharmaceutical for diagnostic, therapeutic
procedures or for research and development.''.
(b) Table of Contents.--The table of contents for the Atomic Energy
Act of 1954 is amended in the items relating to chapter 10, by
inserting at the end the following new item:
``Sec. 112. Domestic medical isotope production.''.
SEC. 7. ANNUAL DEPARTMENT OF ENERGY REPORTS.
The Secretary of Energy shall report to Congress no later than one
year after the date of enactment of this Act, and annually thereafter
for 5 years, on Department of Energy actions to support the production
in the United States, without the use of highly enriched uranium, of
molybdenum-99 for medical uses. These reports shall include the
following:
(1) For medical isotope development projects--
(A) the names of any recipients of Department of
Energy support under section 3 of this Act;
(B) the amount of Department of Energy funding
committed to each project;
(C) the milestones expected to be reached for each
project during the year for which support is provided;
(D) how each project is expected to support the
increased production of molybdenum-99 for medical uses;
(E) the findings of the evaluation of projects
under section 3(a)(2) of this Act; and
(F) the ultimate use of any Department of Energy
funds used to support projects under section 3 of this
Act.
(2) A description of actions taken in the previous year by
the Secretary of Energy to ensure the safe disposition of
radioactive waste from used molybdenum-99 targets.
SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT.
The Secretary of Energy shall enter into an arrangement with the
National Academy of Sciences to conduct a study of the state of
molybdenum-99 production and utilization, to be provided to the
Congress not later than 5 years after the date of enactment of this
Act. This report shall include the following:
(1) For molybdenum-99 production--
(A) a list of all facilities in the world producing
molybdenum-99 for medical uses, including an indication
of whether these facilities use highly enriched uranium
in any way;
(B) a review of international production of
molybdenum-99 over the previous 5 years, including--
(i) whether any new production was brought
online;
(ii) whether any facilities halted
production unexpectedly; and
(iii) whether any facilities used for
production were decommissioned or otherwise
permanently removed from service; and
(C) an assessment of progress made in the previous
5 years toward establishing domestic production of
molybdenum-99 for medical uses, including the extent to
which other medical isotopes coproduced with
molybdenum-99, such as iodine-131 and xenon-133, are
being used for medical purposes.
(2) An assessment of the progress made by the Department of
Energy and others to eliminate all worldwide use of highly
enriched uranium in reactor fuel, reactor targets, and medical
isotope production facilities.
SEC. 9. DEFINITIONS.
In this Act the following definitions apply:
(1) Highly enriched uranium.--The term ``highly enriched
uranium'' means uranium enriched to 20 percent or greater in
the isotope U-235.
(2) Low enriched uranium.--The term ``low enriched
uranium'' means uranium enriched to less than 20 percent in the
isotope U-235.
Union Calendar No. 187
111th CONGRESS
1st Session
H. R. 3276
[Report No. 111-328]
_______________________________________________________________________
A BILL
To promote the production of molybdenum-99 in the United States for
medical isotope production, and to condition and phase out the export
of highly enriched uranium for the production of medical isotopes.
_______________________________________________________________________
November 4, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed