[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3276 Reported in Senate (RS)]

                                                       Calendar No. 263
111th CONGRESS
  2d Session
                                H. R. 3276

                          [Report No. 111-120]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2009

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                            January 28, 2010

               Reported by Mr. Bingaman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
  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 <DELETED>2009</DELETED>2010''.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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.</DELETED>

SEC. <DELETED>3.</DELETED>2. IMPROVING THE RELIABILITY OF DOMESTIC 
              MEDICAL ISOTOPE SUPPLY.

    (a) Medical Isotope Development Projects.--
            (1) In general.--The Secretary of Energy <DELETED>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.</DELETED> shall establish 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 988 of the Energy Policy Act of 
                2005 (42 U.S.C. 16352).
            (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) Public participation and review.--The Secretary of 
        Energy 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 annual reviews of the progress made in 
                achieving the program goals.
            <DELETED>(4)</DELETED>(5) 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. The Secretary shall not barter or 
otherwise sell or transfer uranium in any form in exchange for services 
related to final disposition of the radioactive waste from such leased 
uranium.

SEC. <DELETED>4.</DELETED>3. EXPORTS.

    Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
<DELETED>2160d(b)</DELETED>2160d) 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 <DELETED>2009</DELETED>2010, 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 <DELETED>four</DELETED> 6 years if, no earlier than 6 years 
after the date of enactment of the American Medical Isotopes Production 
Act of <DELETED>2009</DELETED>2010, 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. To ensure public review and comment, the development of the 
certification described in subsection c. shall be carried out through 
announcement in the Federal Register.
    ``<DELETED>d.</DELETED>e. 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 <DELETED>passes</DELETED>enacts a Joint 
        Resolution approving the temporary suspension of the 
        restriction of export licenses.
    ``<DELETED>e.</DELETED>f. 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. <DELETED>5.</DELETED>4. 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. <DELETED>6</DELETED>.5. 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 by inserting the following new item 
<DELETED>after the item relating to section 111:</DELETED> at the end 
of the items relating to chapter 10 of title I:

``Sec. 112. Domestic medical isotope production.''.

SEC. <DELETED>7.</DELETED>6. 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 <DELETED>section 3</DELETED> 
                section 2 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 <DELETED>3(a)(2)</DELETED> 2(a)(2) of 
                this Act; and
                    (F) the ultimate use of any Department of Energy 
                funds used to support projects under <DELETED>section 3</DELETED> 
                section 2 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. <DELETED>8</DELETED>.7. 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 
                <DELETED>coproduced</DELETED>that have been produced 
                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. <DELETED>9.</DELETED>8. 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.
                                                       Calendar No. 263

111th CONGRESS

  2d Session

                               H. R. 3276

                          [Report No. 111-120]

_______________________________________________________________________

                                 AN ACT

  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.

_______________________________________________________________________

                            January 28, 2010

                        Reported with amendments