[Congressional Record Volume 155, Number 164 (Thursday, November 5, 2009)]
[House]
[Pages H12401-H12406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            AMERICAN MEDICAL ISOTOPES PRODUCTION ACT OF 2009

  Mr. MARKEY of Massachusetts. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 3276) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3276

       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

[[Page H12402]]

     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. 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. 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;

[[Page H12403]]

       ``(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 after the item relating to section 111:

``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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Markey) and the gentleman from Michigan (Mr. Upton) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.
  Mr. MARKEY of Massachusetts. I reluctantly, but I think graciously, 
congratulate the Speaker and his Yankees on their victory in the World 
Series. Twenty-seven times----
  Mr. UPTON. Reserving the right to object.
  Mr. MARKEY of Massachusetts. I appreciate the gentleman from 
Michigan's warning to me to not go overboard; but it is, without 
question, a historic day.


                             General Leave

  Mr. MARKEY of Massachusetts. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days in which to revise and 
extend their remarks and include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  Mr. MARKEY of Massachusetts. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, the American Medical Isotopes Production Act will 
safeguard Americans' health care and our national security. By helping 
to establish production of critical medical isotopes here at home, the 
American Medical Isotopes Production Act will end our dependence on 
aging nuclear reactors outside of our borders. And by responsibly 
ending the export of weapons-usable, highly enriched uranium for 
medical isotope production, this bill will give a much-needed boost to 
U.S. efforts to permanently convert all reactors away from the 
unnecessary and dangerous use of bomb-quality material.
  The bipartisan bill authorizes $163 million for the Department of 
Energy to evaluate and support projects in the private sector or at 
universities to develop domestic sources of the most critical medical 
isotopes. This is necessary because we currently face a daunting supply 
shortage caused by technical problems at the aging foreign reactors 
upon which we are presently reliant. With a robust and reliable 
domestic production capacity, the 50,000 daily procedures which 
normally occur in this country, including for cancer scans and bone and 
brain imaging, will be secure.
  The nuclear nonproliferation benefits of this bill are significant 
and they are timely. Shockingly, the United States still allows for 
nuclear weapons-grade highly enriched uranium to be exported to other 
countries for medical isotope production. This 1950s-era policy simply 
does not work in a post-9/11 world. It is dangerous, unnecessary, and 
it must come to an end. We simply cannot afford to have additional 
nuclear weapons materials in circulation when we know that terrorists 
would like nothing more than to steal or buy such dangerous materials.
  Fortunately, according to the National Academy of Sciences, there are 
no technical or economic reasons why medical isotopes cannot be 
produced with low enriched uranium.
  Currently, nuclear medicine is practiced mostly in the most developed 
countries, like the United States. But that is changing. And as more 
countries practice more nuclear medicine, more medical isotopes will 
need to be produced. In preparation for this, it is absolutely 
essential that we stop using highly enriched uranium for this purpose.
  Previously, the United States spread these dangerous technologies 
around the world, including to some surprising places. For instance, 
the United States built a reactor in Iran which we fueled with weapons-
grade uranium. Today, the Iranians want to use this reactor to produce 
medical isotopes, and negotiations are ongoing on this point. 
Fortunately for the world, the Iranian reactor was converted to low 
enriched uranium by Argentina in the 1980s. Converting reactors away 
from the use of highly enriched uranium, both at home and abroad, is 
very much in our national security interest. And that is exactly what 
this bill will do.
  By sending a clear signal that the United States will no longer 
export this dangerous material, H.R. 3276 will accelerate U.S. efforts 
to convert reactors around the world from highly enriched to low 
enriched uranium. In fact, this has already begun, as the Department of 
Energy testified in September that all the medical isotope production 
reactors around the world which still use highly enriched uranium have 
approached the Department of Energy to ask for assistance in converting 
to low enriched uranium in the past few years.
  This bill has the support of a wide variety of stakeholders, 
including the unanimous support of industry and the nuclear medical 
community, and nuclear nonproliferation advocates.
  This is also a bipartisan bill, and I would like very much to thank 
my friend Fred Upton from Michigan for working in such a bipartisan 
fashion. This is the way it should be done, and we thank him and we 
thank the other members of the minority and the majority for working 
towards this conclusion. You could not have a more excellent partner. 
Mr. Waxman and I and the other members of the committee want to note 
the incredible cooperation that did exist.
  This bill will help to ensure that America has a reliable domestic 
source of the radio isotopes needed for life-

[[Page H12404]]

saving medical procedures, it will close a dangerous loophole in our 
Nation's nonproliferation policy by phasing out exports of highly 
enriched uranium, and it does so without increasing the Federal 
deficit, according to the Congressional Budget Office.
  I urge a ``yes'' vote on this important bill.
  I reserve the balance of my time.

                              {time}  1515

  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, let me just start off by congratulating the gentleman 
from New York. I feel we will have a resolution honoring the Yankees. I 
would just note as a Tigers, Cubs and White Sox fan and coming from 
Michigan, Derek Jeter does hail from Kalamazoo, Michigan. And to his 
credit, he has not forgotten his roots. He is a great individual, and 
we appreciate his prowess on the field. I congratulate him and the 
Yankees as well.
  Mr. Speaker, I too want to commend my colleague, Ed Markey, and the 
Democratic and Republican Members on this committee for moving swiftly 
on an issue that is of critical importance. Problems abroad have 
exposed troublesome flaws here at home in nuclear medicine. Every year, 
16 million medical procedures in the United States rely on the import 
of nuclear isotope molybdenum-99. That is 50,000 procedures every 
single day, and yet we import 100 percent of our supply of this 
isotope.
  The Canadian reactor that has for decades supplied over 60 percent of 
molybdenum-99 is now off-line, and the nuclear reactor may never ever 
return to operation. Among their many medical uses, these isotopes are 
critical in the procedures for the detection and staging of cancer as 
well as heart disease. Without a proper supply of this critical 
isotope, tens of thousands of patients seeking diagnosis or treatment 
will be in jeopardy literally every single day.
  So what this bill does, it will help insure a reliable supply of the 
most critical isotopes that are produced here in the U.S. Today, with 
the passage of this bill, we are a step closer to ensuring the tens of 
thousands of Americans who seek diagnosis and treatment every day 
promptly receive the care that they need. Literally, the clock is 
ticking, and the well-being of countless folks continues to hang in the 
balance.
  I would note that there is a good laundry list of organizations that 
support this legislation, among them: American Association of 
Physicists in Medicine; American College of Radiology; American College 
of Cardiology; as well as the American Society of Nuclear Cardiology.
  We don't want to deny Americans this long-practiced medical procedure 
which we know produces early diagnosis of a good number of diseases, 
and we can save countless American lives.
  I would urge my colleagues on both sides to support this. Again, I 
congratulate the speed with which our committee held hearings, moved 
this through both the subcommittee and full committee. Both Mr. Waxman 
and Barton are to be complimented, and particularly my friend, Ed 
Markey, who recognized this very early, and we worked together to get 
it to the House floor.
  I reserve the balance of my time.
  Mr. MARKEY of Massachusetts. Mr. Speaker, I yield 3 minutes to the 
gentleman from Washington (Mr. Inslee).
  Mr. INSLEE. Mr. Speaker, I want to thank the chairman and Mr. Upton 
for their leadership on this bill. I want to thank Mr. Markey for 
working with me to include language in the bill that recognizes the 17 
research reactors in this country that have converted from highly 
enriched uranium to low enriched uranium fuel. One of these reactors is 
in my home State at Washington State University. This reactor can be 
used for medical isotope production with the use of highly enriched 
uranium.
  I would like to clarify with Mr. Markey that the purpose of section 
3(a)(3) which allows reactors that are in the process of converting 
from highly enriched uranium to low enriched uranium fuel to qualify 
for funds under this bill. It is my understanding that this provision 
should not be interpreted as giving any preferences to these reactors 
and that all applicants for these funds will be given full and equal 
consideration.
  I yield to Mr. Markey.
  Mr. MARKEY of Massachusetts. The gentleman is correct. Neither this 
provision nor the bill as a whole give any preference whatsoever to any 
technology type. The purpose of this provision is to give the 
Department of Energy the greatest number of options for dealing with 
the medical isotope crisis while also maintaining the incentive for 
reactors to convert to low enriched uranium fuel.
  The bill includes several conditions on reactors using the exemption 
to ensure that their conversion to low enriched uranium fuel is 
successful. I fully expect the Department of Energy to give full 
consideration to every application for these funds, and to do so in an 
equitable and technology-neutral manner.
  Mr. INSLEE. I would like to thank the Chair for that clarification 
and for working with me on one of those conditions which would make 
sure that we have updated status report for reactors using this 
exemption.


                         Parliamentary Inquiry

  Mr. INSLEE. Before I close, I have a parliamentary inquiry, if I may 
pose it.
  The SPEAKER pro tempore. The gentleman may state his parliamentary 
inquiry.
  Mr. INSLEE. Mr. Speaker, do the rules of the House prevent Members, 
including those in the Chair, from wearing Yankee hats on the floor of 
the House of Representatives?
  The SPEAKER pro tempore. The wearing of a hat is in violation of the 
House rules.
  Mr. INSLEE. I thank you, Mr. Speaker. I am sure that rule is 
supported by the vast majority of Americans. Thank you for your 
Speakership.
  Mr. UPTON. Mr. Speaker, I urge my colleagues to vote for this bill, 
and I yield back the balance of my time.
  Mr. MARKEY of Massachusetts. Mr. Speaker, I yield myself the balance 
of my time to close.
  Mr. Speaker, I include for the Record the letters of support for H.R. 
3276, including from the Society For Nuclear Medicine, the American 
College of Cardiology, the Health Physics Society and the Union of 
Concerned Scientists


                                    GE HITACHI NUCLEAR ENERGY,

                                    Wilmington, NC, July 22, 2009.
     Hon. Henry A. Waxman,
     Chairman, Committee on Energy and Commerce, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Congressman Waxman, On behalf of GE Hitachi Nuclear 
     Energy, I would like to offer my strong support for House 
     passage of the American Medical Isotopes Production Act, 
     introduced by Representative Edward Markey and Representative 
     Fred Upton.
       This bill will provide the resources necessary for the 
     United States to 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. Accordingly, Americans will benefit from a more 
     robust supply of life-saving diagnostic medical isotopes like 
     molybdenum-99.
       GEH is pleased that this legislation has been introduced. 
     It is in the best interest of the health and well being of 
     the citizens of our great nation that this legislation is 
     passed. We look forward to working with the government in 
     bringing a solution to the medical isotope crisis facing 
     America.
       Thank you for your leadership on this important issue.
           Sincerely,
     Lisa M. Price.
                                  ____



                                   Nuclear Threat Initiatives,

                                    Washington, DC, July 20, 2009.
     Hon. Edward J. Markey,
     House of Representatives,
     Washington, DC.
       Dear Congressman Markey, You have asked for our reaction to 
     your draft American Medical Isotopes Production Act of 2009. 
     I believe this legislation can and will make an important 
     contribution to reducing commercial use of highly enriched 
     uranium (HEU).
       As we know, HEU is the most attractive raw ingredient for 
     nuclear terrorism, and its use to produce essential medical 
     isotopes constitutes a continuing and dangerous global 
     commerce in HEU. Means are now available to meet the world's 
     medical isotopic needs with production technologies that do 
     not rely on HEU, and conversion of existing facilities 
     appears achievable in a span of seven-to-ten years.
       We understand this legislation is principally intended to 
     provide both a legal and a financial basis to develop 
     domestic isotope production capacity based on low enriched 
     uranium (LEU), which removes its proliferation potential. It 
     would also provide for the elimination of U.S. HEU exports 
     and the vulnerabilities associated with any transport of 
     fissile material. These elements would constitute significant 
     progress toward reducing nuclear terrorism risks.

[[Page H12405]]

       We also welcome your efforts to support international steps 
     to convert commercial isotope production processes to LEU. 
     The U.S. can provide a valuable example by concentrating its 
     own isotope production on LEU-based technologies, but other 
     countries may need additional technical assistance and 
     international coordination to accomplish their own 
     conversions. NTI has been supporting programmatic work at the 
     International Atomic Energy Agency to accelerate the 
     production of molybdenum-99 without HEU, but a more focused 
     effort supported by adequate technical and financial 
     resources is needed to get the job done.
       These collective steps would go far to eliminating a major 
     hole in our web of efforts to reduce nuclear dangers. We 
     appreciate your initiative in addressing these important 
     matters, and your long record of attention to 
     nonproliferation issues. This bill's purposes are consistent 
     with NTI's effort to minimize highly enriched uranium use and 
     commerce and will do much to advance that mission.
           Sincerely,
     Sam Nunn,
       Co-Chairman.
     Charles B. Curtis,
       President.
                                  ____

                                          Council on Radionuclides


                               and Radiopharmaceuticals, Inc.,

                                   Moraga, CA, September 25, 2009.
       Dear Chairman Markey and Ranking Member Upton, CORAR has 
     been asked to provide the Committee (1) the feasibility of 
     LEU based Mo-99 medical isotopes and (2) CORAR's position on 
     H.R. 3276, the American Medical Isotopes Production Act of 
     2009. CORAR supports H.R. 3276 and supports increasing the 
     capacity for medical radionuclides in the U.S.
       In regards to the technical feasibility of supply for U.S. 
     patients of LEU medical isotopes, CORAR member companies 
     produce all of the Tc-99m generators used by the U.S. nuclear 
     medicine community for the detection of heart disease, cancer 
     and other illnesses. These companies need a reliable supply 
     of Mo-99 used to produce these Tc-99m generators to fulfill 
     patients' needs. The reactors used to produce this Mo-99 are 
     not operated by CORAR member companies. All of the five 
     reactors currently producing Mo-99 to supply the U.S. are 
     operated by government subsidized companies or government 
     entities. Several groups have proposed different methods of 
     producing LEU-based Mo-99 to increase the current capacity. 
     Although CORAR believes some of these represent worthwhile 
     efforts to supplement the current capacity, they have 
     significantly different timetables to completion due to 
     different regulatory and operational issues. Each of these 
     groups has developed their own timetables and milestones for 
     completion of their new method of Mo-99 production. Since 
     these efforts to supplement the current Mo-99 capacity are 
     being done by different groups it would be more appropriate 
     for these individual groups to present the Committee with 
     their own timetables. CORAR respectfully suggests the 
     Committee contact each one of these groups to request a Gantt 
     chart for their plans for the design, construction and 
     completion of their project. CORAR also believes it would be 
     in the committee's best interest to review the funding 
     applications for Mo-99 projects submitted to DOE.
       As you are aware, CORAR has expressed its concern that the 
     mandatory 7 to 10 year halt of exports could be problematic 
     if medical isotope production is insufficient to meet U.S. 
     patient needs at that time. However, CORAR believes that the 
     mandatory deadline included in H.R. 3276 is critical to 
     ensure that the proposed medical isotope projects will be 
     aggressively pursued and funded. As a result CORAR would not 
     support modifying the deadline contained in H.R. 3276. 
     However CORAR would encourage the committee to maintain 
     ongoing oversight of the medical isotope supply and ensure 
     that our patient's medical isotope needs are not restricted 
     in 2020.
       Thank you for the opportunity to provide this information 
     to the Committee. CORAR looks forward to working with you 
     toward the enactment of the legislation.
           Sincerely,
                                                     Roy W. Brown,
     Senior Director, Federal Affairs.
                                  ____



                              The Society of Nuclear Medicine,

                                        Reston, VA, July 10, 2009.
     Hon. Edward Markey,
     House of Representatives,
     Washington, DC.
       Dear Congressman Markey: The Society of Nuclear Medicine 
     (SNM)--an international scientific and medical organization 
     dedicated to raising public awareness about what molecular 
     imaging is and how it can help provide patients with the best 
     health care possible--appreciates your efforts to ensure a 
     domestic supply of the important isotope Molybdenum-99 (Mo-
     99) within the U.S. and to curtail the use of highly-enriched 
     uranium (HEU) in radionuclide production as a non-
     proliferation strategy to deter terrorism. We further 
     appreciate your willingness to work with SNM and other 
     stakeholders to draft legislation to responsibly address 
     these important issues and keep patient needs in the 
     forefront. As you know, Mo-99 decays into Technetium-99m (Tc-
     99m), which is used in approximately 16 million nuclear 
     medicine procedures each year in the U.S. Recent disruptions 
     in the supply of Mo-99 have highlighted the urgent need to 
     ensure a domestic supply for the U.S. Your bill, the American 
     Medical Isotope Production Act of 2009, will help patients 
     who rely on medical imaging for the treatment and diagnosis 
     of many common cancers by authorizing funding and providing a 
     clear road map to create a domestic supply of Mo-99 while 
     also allowing a responsible timeline and safeguards for the 
     transfer of HEU to low enriched uranium (LEU); therefore, SNM 
     endorses the American Medical Isotope Production Act of 2009.
       Tc-99m is used in the detection and staging of cancer; 
     detection of heart disease; detection of thyroid disease; 
     study of brain and kidney function; and imaging of stress 
     fractures. In addition to pinpointing the underlying cause of 
     disease, physicians can actually see how a disease is 
     affecting other functions in the body. Imaging with Tc-99m is 
     an important part of patient care. As you may be aware, SNM, 
     along with thousands of nuclear medicine physicians in the 
     U.S., have, over the course of the last two years, been 
     disturbed about supply interruptions of Mo-99 from foreign 
     vendors and the lack of a reliable supplier of Mo-99 in the 
     U.S. Due to these recent shutdowns in Canada, numerous 
     nuclear medicine professionals across the country have 
     delayed or had to cancel imaging procedures. Because Mo-99 is 
     produced through the fission of uranium and has a half-life 
     of 66 hours, it cannot be produced and stored for long 
     periods of time. Unlike traditional pharmaceuticals, which 
     are dispensed by pharmacists or sold over-the-counter, 
     nuclear reactors produce radioactive isotopes that are 
     processed and provided to hospitals and other nuclear 
     medicine facilities based on demand. Any disruption to the 
     supply chain can wreak havoc on patient access to important 
     medical imaging procedures.
       In order to ensure that patient needs are not compromised, 
     a continuous reliable supply of medical radioisotopes is 
     essential. Currently there are no facilities in the U.S. that 
     are dedicated to manufacturing Mo99 for Mo-99/Tc-99m 
     generators. The United States must develop domestic 
     capabilities to produce Mo-99, and not rely solely on foreign 
     suppliers. In addition, forcing a change from HEU to LEU must 
     be done with adequate time made available for the research 
     and development needed for the transition period. There also 
     must be consideration of economic and environmental factors 
     to prevent, first and foremost, putting patients at risk 
     because of delays in production of much needed radionuclides, 
     such as Technetium-99m (Tc-99m) which is made from Mo-99.
       Your legislation will help address the needs of patients by 
     promoting the production of Mo-99 in the United States. We 
     thank you for your efforts and look forward to continuing to 
     work with you on this important issue.
       Should you have any further questions, please contact Hugh 
     Cannon, Director of Health Policy and Regulatory Affairs.
           Sincerely,
                                       Michael M. Graham, PhD, MD,
                                                   President, SNM.

  This is, in my opinion, a very important piece of legislation. It 
makes a connection between the nuclear medicine that is practiced in 
this country and the nuclear proliferation issue that we are trying to 
solve around the world. So this really does begin to draw that line 
between atoms for peace and atoms for war in a way which I think we can 
all on a bipartisan basis come to support. History has been pointing us 
in this direction. This legislation is something that all Members of 
this Chamber can be proud of.
  Mr. Speaker, I hope that all of the Members support this legislation.
  Mr. INSLEE. Mr. Speaker, I request that the attached letters in 
support of H.R. 3276 be entered into the Record. They are from 
Covidien, Lantheus Medical Imaging, and the Health Physics Society.


                                                     Covidien,

                                     Hazelwood, MO, July 21, 2009.
     Hon. Edward J. Markey,
     House of Representatives,
     Washington, DC.
       Dear Congressman Markey: Your timely introduction of the 
     American Medical Isotopes Production Act of 2009 (AMIPA) 
     represents an impressive effort to achieve conversion to low 
     enriched uranium (LEU) without disruption to patients who 
     depend on critical medical radioisotopes.
       Currently, the world is experiencing a molybdenum-99 (Mo-
     99) shortage due to the unexpected shutdown of a reactor in 
     Canada for urgent repair. This reactor and the four others 
     which produce the vast majority of the world's Mo-99 supply 
     are all aging, nearing the end of their useful lives. At 
     stake are millions of diagnostic procedures that utilize 
     radioisotopes produced using Mo-99, especially technetium 99m 
     (Tc-99m).
       As one of the world's principal Tc 99m suppliers and given 
     our commitment to secure a global, interdependent Mo-99 
     supply chain for patients worldwide, Covidien is pleased to 
     support AMIPA and looks forward to working with you further 
     on this legislation as it progresses through Congress.
       While Covidien supports AMIPA, we do believe aspects of the 
     bill merit additional attention during the legislative 
     process. For example, we appreciate your acknowledgement that 
     the 7 to 10 year timetable may not provide adequate time to 
     fully transition to commercial-scale LEU utilization. We are

[[Page H12406]]

     encouraged that the legislative language provides annual 
     reports to Congress on the status of domestic development and 
     a National Academy of Sciences report reviewing international 
     production of Mo-99. We hope these reports will provide ample 
     time for Congress, if necessary, to intervene if the 7-10 
     year deadline cannot be met. Also, while the bill is focused 
     on Mo-99, it does not preclude the development and 
     manufacturing of other important radioisotopes currently 
     produced using highly enriched uranium (HEU), such as 
     radioiodine (I-131), which are also critically important to 
     patients.
       Please accept our thanks for your work on this important 
     challenge and the opportunity to collaborate with you.
           Sincerely,
                                                Timothy R. Wright,
                                                        President.
                                  ____
                                  


                                     Lantheus Medical Imaging,

                               North Billerica, MA, July 24, 2009.
     Hon. Edward J. Markey,
     Chair, Subcommittee on Energy and Environment, House Energy 
         and Commerce Committee, Rayburn House Office Building, 
         Washington, DC.
       Dear Mr. Markey: We are very pleased to write in strong 
     support of the American Medical Isotopes Production Act of 
     2009, of which you are a co-sponsor.
       Based in Billerica, Massachusetts, Lantheus Medical 
     Imaging, Inc. (``Lantheus'') has been a worldwide leader in 
     diagnostic medical imaging for the past 50 years. We have 
     over 600 employees worldwide, approximately 400 of whom work 
     in Massachusetts and approximately two dozen of whom live in 
     the 7th Congressional District (including the undersigned). 
     Lantheus is the home to leading diagnostic imaging brands, 
     including, among others, Technelite  (Technetium Tc99m 
     Generator), the leading Technetium-based generator produced 
     in the United States in both quality and number of units 
     sold. Lantheus sells Technelite  generators to customers 
     located in the United States and around the world.
       Molybdenum-99 is the key ingredient in the Technelite  
     generator. Molybdenum-99 spontaneously decays into Technetium 
     Tc-99m which is then eluted from the generator to radiolabel 
     organ-specific imaging agents. These radiolabelled agents are 
     then used in a variety of heart, brain, bone and other 
     diagnostic imaging procedures.
       As the largest consumer of Molybdenum-99 in the United 
     States, we are very concerned about the fragility of the 
     global Molybdenum-99 supply chain. We currently rely for our 
     Molybdenum-99 supply on nuclear reactors which produce 
     Molybdenum-99 in Canada, South Africa, Australia, Belgium and 
     The Netherlands. Most of these five reactors (all located 
     outside of the United States) are aging and are increasingly 
     subject to unscheduled shutdowns and time-consuming repairs, 
     which limit the predictability of and accessibility to 
     potentially millions of important medical diagnostic 
     procedures for patients in the United States and throughout 
     the world. We have worked closely with your office over the 
     past several months, discussing issues affecting the medical 
     imaging industry, and we have reviewed earlier drafts of the 
     bill. We strongly endorse your efforts to promote the 
     production of Molybdenum-99 in the United States for medical 
     isotope applications.
       In your discussions with your colleagues in the House and 
     Senate about the bill, it will be important to note that the 
     medical imaging procedures that rely on Technetium-based 
     imaging agents contribute to improved medical care as well as 
     cost savings for the entire medical system. It is established 
     that better diagnostic medicine results in more appropriate 
     treatments, better patient outcomes, less morbidity 
     associated with inappropriate treatments and significant cost 
     savings for the system. As a good example of this, between 
     approximately 20% and 40% of patients that undergo a 
     diagnostic cardiac catheterization--an invasive and costly 
     procedure with significant morbidity and mortality risks--are 
     found not to have coronary artery disease. In other words, 
     hundreds of thousands of procedures are performed each year 
     at an annual cost to the system of potentially billions of 
     dollars, and no underlying disease is identified. A number of 
     these cardiac catheterization procedures could be avoided if 
     the patients had had a nuclear cardiology imaging study using 
     a Technetium-based imaging agent, such as Lantheus' 
     Cardiolite (Kit for Preparation of Technetium Tc99m 
     Sestamibi for Injection). A nuclear imaging study is non-
     invasive, and the radiation exposure to the patient is 
     comparable to a cardiac catheterization (although the 
     radiation exposure to health care professionals performing 
     the procedures is substantially less for nuclear imaging). 
     Moreover, a nuclear diagnostic study is between approximately 
     20% and 30% of the cost of a cardiac catheterization. Thus, 
     cardiac medical imaging procedures that rely on Technetium 
     produced from Molybdenum-99 can improve patient outcomes and 
     reduce costs--core goals of the Obama Administration's 
     proposed health care reforms.
       Lantheus congratulates you and Congressman Upton on 
     introducing the American Medical Isotopes Production Act of 
     2009. We would be pleased and honored to assist you in any 
     way we can to ensure that this important and much-needed bill 
     becomes enacted into law.
           Sincerely,
                                                 Michael P. Duffy,
     Vice President and General Counsel.
                                  ____



                                       Health Physics Society,

                                        McLean, VA, July 20, 2009.
     Hon. Edward J. Markey,
     House of Representatives,
     Washington, DC.
       Dear Mr. Markey: On behalf of the Health Physics Society, I 
     am pleased to endorse your proposed bill entitled the 
     ``American Medical Isotopes Production Act of 2009'' and to 
     suggest two additions to the bill for your consideration that 
     I feel will enhance the understanding of the need for the 
     bill and the implementation of the bill's provisions.
       From our previous collaborations you know that the Health 
     Physics Society is an independent nonprofit scientific 
     organization of radiation science and radiation safety 
     professionals. As such, we strive to assist national leaders 
     and decision makers in providing excellence in the 
     legislation and regulation of issues related to radiation 
     safety. We have been pleased to support and work with your 
     staff in the past on important legislation like the series of 
     ``Dirty Bomb Prevention Act'' bills starting in 2002 that 
     culminated in important radiological terrorism prevention and 
     security measures in the Energy Policy Act of 2005, and the 
     more recent ``Nuclear Facility and Material Security Act of 
     2008'' introduced last year.
       Once again, we would like to support and work with your 
     staff in developing and promoting your ``American Medical 
     Isotopes Production Act of 2009.''
       The Health Physics Society interest in this legislation is 
     based on radiation safety considerations. Specifically, the 
     lack of a reliable supply of the isotope Molybdenum-99 (Mo-
     99) requires substitution of diagnostic procedures that 
     result in a higher radiation dose to the patient and the 
     medical practitioners performing the procedure than would be 
     received if the Mo-99 daughter, Technicium-99m (Tc-99m), were 
     available. In addition, the lack of a domestic supply of Mo-
     99 production requires the United States to ship Highly 
     Enriched Uranium (HEU) to foreign countries with the 
     subsequent shipment of the radioactive materials and waste 
     products from the production of the Mo-99 back into the 
     United States. Although we believe this is being done safely, 
     it carries an unnecessary risk as compared to domestic 
     production of Mo-99 using Low Enriched Uranium (LEU). One 
     consequence, however, of using LEU in place of HEU for Mo-99 
     production is an increase in radioactive waste, including an 
     increase in the production of plutonium. These waste products 
     can be safely disposed of in properly designed disposal 
     facilities. However, approximately 34 states do not have 
     access to the currently authorized disposal facilities 
     licensed by the Nuclear Regulatory Commission.
       In light of these radiation safety issues associated with 
     the proposed ``American Medical Isotopes Production Act of 
     2009'', the Health Physics Society recommends two additional 
     items be included in the bill:
       1. First, we recommend the ``Findings'' in the bill include 
     a finding that the lack of a reliable supply of Mo-99 results 
     in an unnecessary increase in the radiation doses received by 
     patients and medical practitioners.
       2. Second, we recommend the bill require the Secretary of 
     Energy be responsible for seeing that any domestic medical 
     isotope production facility created by this bill has access 
     to an appropriate radioactive waste disposal facility, 
     including a federal facility if no licensed commercial 
     facility is available.
       I hope these suggestions are helpful and I look forward to 
     the Health Physics Society helping you in advancing this 
     legislation. Please do not hesitate to contact me if you, or 
     your staff, would like further information or assistance on 
     this matter, or any other radiation safety issue.
           Sincerely,
                                                Howard W. Dickson,
                                                        President.

  Mr. MARKEY of Massachusetts. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts (Mr. Markey) that the House suspend the 
rules and pass the bill, H.R. 3276, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MARKEY of Massachusetts. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________