[Congressional Record (Bound Edition), Volume 157 (2011), Part 12]
[Senate]
[Pages 17959-17963]
[From the U.S. Government Publishing Office, www.gpo.gov]




            AMERICAN MEDICAL ISOTOPES PRODUCTION ACT OF 2011

  Mr. LEVIN. Mr. President, I now ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 53, S. 99.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 99) 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.

  There being no objection, the Senate proceeded to consider the bill,
     which had been reported from the Committee on Energy and 
     Natural Resources, with an amendment to strike all after the 
     enacting clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Medical Isotopes 
     Production Act of 2011''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Highly enriched uranium.--The term ``highly enriched 
     uranium'' means uranium enriched to 20 percent or greater in 
     the isotope U-235.
       (3) Low enriched uranium.--The term ``low enriched 
     uranium'' means uranium enriched to less than 20 percent in 
     the isotope U-235.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 3. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISOTOPE 
                   SUPPLY.

       (a) Medical Isotope Development Projects.--
       (1) In general.--The Secretary 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 in the United States 
     fueled with highly enriched uranium shall not be disqualified 
     from the program if the Secretary determines that--
       (A) there is no alternative nuclear reactor fuel, enriched 
     in the isotope U-235 to less than 20 percent, that can be 
     used in that reactor;
       (B) the reactor operator has provided assurances that, 
     whenever an alternative nuclear reactor fuel, enriched in the 
     isotope U-235 to less than 20 percent, can be used in that 
     reactor, it will use that alternative in lieu of highly 
     enriched uranium; and
       (C) the reactor operator has provided a current report on 
     the status of its efforts to convert the reactor to an 
     alternative nuclear reactor fuel enriched in the isotope U-
     235 to less than 20 percent, and an anticipated schedule for 
     completion of conversion.
       (4) Public participation and review.--The Secretary shall--
       (A) develop a program plan and annually update the program 
     plan through public workshops; and
       (B) use the Nuclear Science Advisory Committee to conduct 
     annual reviews of the progress made in achieving the program 
     goals.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary for carrying out the 
     program under paragraph (1) $143,000,000 for the period 
     encompassing fiscal years 2011 through 2014.
       (b) Development Assistance.--The Secretary 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.--
       (1) In general.--The Secretary shall establish a program to 
     make low-enriched uranium available, through lease contracts, 
     for irradiation for the production of molybdenum-99 for 
     medical uses.
       (2) Title.--The lease contracts shall provide for the 
     producers of the molybdenum-99 to take title to and be 
     responsible for the molybdenum-99 created by the irradiation, 
     processing, or purification of uranium leased under this 
     section.
       (3) Duties.--
       (A) Secretary.--The lease contracts shall require the 
     Secretary--
       (i) to retain responsibility for the final disposition of 
     spent nuclear fuel created by the irradiation, processing, or 
     purification of uranium leased under this section for the 
     production of medical isotopes; and
       (ii) to take title to and be responsible for the final 
     disposition of radioactive waste created by the irradiation, 
     processing, or purification of uranium leased under this 
     section for which the Secretary determines the producer does 
     not have access to a disposal path.
       (B) Producer.--The producer of the spent nuclear fuel and 
     radioactive waste shall accurately characterize, 
     appropriately package, and transport the spent nuclear fuel 
     and radioactive waste prior to acceptance by the Department.
       (4) Compensation.--
       (A) In general.--Subject to subparagraph (B), the lease 
     contracts shall provide for compensation in cash amounts 
     equivalent to prevailing market rates for the sale of 
     comparable uranium products and for compensation in cash 
     amounts equivalent to the net present value of the cost to 
     the Federal Government for--
       (i) the final disposition of spent nuclear fuel and 
     radioactive waste for which the Department is responsible 
     under paragraph (3); and
       (ii) other costs associated with carrying out the uranium 
     lease and take-back program authorized by this subsection.
       (B) Discount rate.--The discount rate used to determine the 
     net present value of costs described in subparagraph (A)(ii) 
     shall be not greater than the average interest rate on 
     marketable Treasury securities.
       (5) Authorized use of funds.--The Secretary may obligate 
     and expend funds received under leases entered into under 
     this subsection, which shall remain available until expended, 
     for the purpose of carrying out the activities authorized by 
     this Act, including activities related to the final 
     disposition of spent nuclear fuel and radioactive waste for 
     which the Department is responsible under paragraph (3).
       (6) Exchange of uranium for services.--The Secretary shall 
     not barter or otherwise sell or transfer uranium in any form 
     in exchange for--
       (A) services related to the final disposition of the spent 
     nuclear fuel and radioactive waste for which the Department 
     is responsible under paragraph (3); or
       (B) any other services associated with carrying out the 
     uranium lease and take-back program authorized by this 
     subsection.
       (d) Coordination of Environmental Reviews.--The Department 
     and the Nuclear Regulatory Commission shall ensure to the 
     maximum extent practicable that environmental reviews for the 
     production of the medical isotopes shall complement and not 
     duplicate each review.
       (e) Operational Date.--The Secretary shall establish a 
     program as described in subsection (c)(3) not later than 3 
     years after the date of enactment of this Act.
       (f) Radioactive Waste.--Notwithstanding section 2 of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), 
     radioactive material resulting from the production of medical 
     isotopes that has been permanently removed from a reactor or 
     subcritical assembly and for which there is no further use 
     shall be considered low-level radioactive waste if the 
     material is acceptable under Federal requirements for 
     disposal as low-level radioactive waste.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary $5,000,000 for the 
     establishment of a program for the final disposition of spent 
     nuclear fuel and radioactive waste for which the Department 
     is responsible under subsection (c).

     SEC. 4. EXPORTS.

       Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d) is amended by striking subsection c. and inserting the 
     following:
       ``c. Effective 7 years after the date of enactment of the 
     American Medical Isotopes Production Act of 2011, 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.
       ``d. The period referred to in subsection b. may be 
     extended for no more than 6 years if, no earlier than 6 years 
     after the date of enactment of the American Medical Isotopes 
     Production Act of 2011, the Secretary of Energy certifies to 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on

[[Page 17960]]

     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.
       ``e. 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.
       ``f. 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 enacts a Joint Resolution approving the 
     temporary suspension of the restriction of export licenses.
       ``g. 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 medical 
     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 or 
     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 
     used as fuel or targets in a nuclear research or test 
     reactor, 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:
       ``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 medical 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 or 
     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 at the end of the items relating to 
     chapter 10 of title I:

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

     SEC. 7. ANNUAL DEPARTMENT REPORTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for 5 years, 
     the Secretary shall report to Congress on Department actions 
     to support the production in the United States, without the 
     use of highly enriched uranium, of molybdenum-99 for medical 
     uses.
       (b) Contents.--The reports shall include the following:
       (1) For medical isotope development projects--
       (A) the names of any recipients of Department support under 
     section 3;
       (B) the amount of Department 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); and
       (F) the ultimate use of any Department funds used to 
     support projects under section 3.
       (2) A description of actions taken in the previous year by 
     the Secretary to ensure the safe disposition of spent nuclear 
     fuel and radioactive waste for which the Department is 
     responsible under section 3(c).

     SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT.

       (a) In General.--The Secretary 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 Congress not later than 5 
     years after the date of enactment of this Act.
       (b) Contents.--The 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 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 
     and others to eliminate all worldwide use of highly enriched 
     uranium in reactor fuel, reactor targets, and medical isotope 
     production facilities.

     SEC. 9. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
  Mr. LEVIN. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be considered, the Bingaman amendment, 
which is at the desk, be agreed to, the committee-reported amendment, 
as amended, be agreed to, the bill, as amended, be read a third time, 
and the budgetary pay-go statement at the desk be read.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1223) was agreed to, as follows:

       On page 15, line 14, strike ``establish'' and insert 
     ``carry out''.
       On page 17, strike lines 15 through 19.
       On page 17, line 21, strike ``establish'' and insert 
     ``carry out''.
       On page 21, strike lines 12 through 16.
       On page 29, after line 23, add the following:

     SEC. 9. REPEAL.

       The Nuclear Safety Research, Development, and Demonstration 
     Act of 1980 (42 U.S.C. 9701 et seq.) is repealed.
       On page 30, line 1, strike ``9'' and insert ``10''.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill, as amended, was ordered to be engrossed for a third reading 
and was read the third time.

[[Page 17961]]

  The PRESIDING OFFICER. The clerk will read the pay-go statement.
  The bill clerk read as follows:

       Mr. Conrad: This is the Statement of Budgetary Effects of 
     PAYGO Legislation for S. 99 as amended.

       Total Budgetary Effects of S. 99 for the 5-year Statutory 
     PAYGO Scorecard: $0.
       Total Budgetary Effects of S. 99 for the 10-year Statutory 
     PAYGO Scorecard: $0.

       Also submitted for the Record as part of this statement is 
     a table prepared by the Congressional Budget Office, which 
     provides additional information on the budgetary effects of 
     this Act, as follows:

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 99, THE AMERICAN MEDICAL ISOTOPES PROTECTION ACT OF 2011, AS REPORTED BY THE SENATE COMMITTEE
                  ON ENERGY AND NATURAL RESOURCES ON MAY 18, 2011, AND WITH A SUBSEQUENT AMENDMENT PROVIDED TO CBO ON NOVEMBER 17, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             By fiscal year, in millions of dollars--
                                         ---------------------------------------------------------------------------------------------------------------
                                            2012     2013     2014     2015     2016     2017     2018     2019     2020     2021   2012-2016  2012-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Net Increase or Decrease (-) in the Deficit
 
Statutory Pay-As-You-Go Impact..........        0        0        0        0        0        0        0        0        0        0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 99 would direct the Secretary of Energy to lease low-enriched uranium to producers of molybdenum-99. CBO estimates that enacting S. 99 would affect
  receipts generated from such resources, but that any net changes to such receipts would be negligible in any given year.
Source: Congressional Budget Office.

  Mr. LEVIN. Mr. President, I ask unanimous consent that the bill, as 
amended, be passed, the motions to reconsider be laid upon the table 
with no intervening action or debate, and that any related statements 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 99), as amended, was passed, as follows:

                                 S. 99

       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 2011''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Highly enriched uranium.--The term ``highly enriched 
     uranium'' means uranium enriched to 20 percent or greater in 
     the isotope U-235.
       (3) Low enriched uranium.--The term ``low enriched 
     uranium'' means uranium enriched to less than 20 percent in 
     the isotope U-235.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 3. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISOTOPE 
                   SUPPLY.

       (a) Medical Isotope Development Projects.--
       (1) In general.--The Secretary shall carry out a 
     technology-neutral program--
       (A) to evaluate and support projects for the production in 
     the United States, without the use of highly enriched 
     uranium, of significant quantities of molybdenum-99 for 
     medical uses;
       (B) to be carried out in cooperation with non-Federal 
     entities; and
       (C) the costs of which shall be shared in accordance with 
     section 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 in the United States 
     fueled with highly enriched uranium shall not be disqualified 
     from the program if the Secretary determines that--
       (A) there is no alternative nuclear reactor fuel, enriched 
     in the isotope U-235 to less than 20 percent, that can be 
     used in that reactor;
       (B) the reactor operator has provided assurances that, 
     whenever an alternative nuclear reactor fuel, enriched in the 
     isotope U-235 to less than 20 percent, can be used in that 
     reactor, it will use that alternative in lieu of highly 
     enriched uranium; and
       (C) the reactor operator has provided a current report on 
     the status of its efforts to convert the reactor to an 
     alternative nuclear reactor fuel enriched in the isotope U-
     235 to less than 20 percent, and an anticipated schedule for 
     completion of conversion.
       (4) Public participation and review.--The Secretary shall--
       (A) develop a program plan and annually update the program 
     plan through public workshops; and
       (B) use the Nuclear Science Advisory Committee to conduct 
     annual reviews of the progress made in achieving the program 
     goals.
       (b) Development Assistance.--The Secretary shall carry out 
     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.--
       (1) In general.--The Secretary shall establish a program to 
     make low-enriched uranium available, through lease contracts, 
     for irradiation for the production of molybdenum-99 for 
     medical uses.
       (2) Title.--The lease contracts shall provide for the 
     producers of the molybdenum-99 to take title to and be 
     responsible for the molybdenum-99 created by the irradiation, 
     processing, or purification of uranium leased under this 
     section.
       (3) Duties.--
       (A) Secretary.--The lease contracts shall require the 
     Secretary--
       (i) to retain responsibility for the final disposition of 
     spent nuclear fuel created by the irradiation, processing, or 
     purification of uranium leased under this section for the 
     production of medical isotopes; and
       (ii) to take title to and be responsible for the final 
     disposition of radioactive waste created by the irradiation, 
     processing, or purification of uranium leased under this 
     section for which the Secretary determines the producer does 
     not have access to a disposal path.
       (B) Producer.--The producer of the spent nuclear fuel and 
     radioactive waste shall accurately characterize, 
     appropriately package, and transport the spent nuclear fuel 
     and radioactive waste prior to acceptance by the Department.
       (4) Compensation.--
       (A) In general.--Subject to subparagraph (B), the lease 
     contracts shall provide for compensation in cash amounts 
     equivalent to prevailing market rates for the sale of 
     comparable uranium products and for compensation in cash 
     amounts equivalent to the net present value of the cost to 
     the Federal Government for--
       (i) the final disposition of spent nuclear fuel and 
     radioactive waste for which the Department is responsible 
     under paragraph (3); and
       (ii) other costs associated with carrying out the uranium 
     lease and take-back program authorized by this subsection.
       (B) Discount rate.--The discount rate used to determine the 
     net present value of costs described in subparagraph (A)(ii) 
     shall be not greater than the average interest rate on 
     marketable Treasury securities.
       (5) Authorized use of funds.--The Secretary may obligate 
     and expend funds received under leases entered into under 
     this subsection, which shall remain available until expended, 
     for the purpose of carrying out the activities authorized by 
     this Act, including activities related to the final 
     disposition of spent nuclear fuel and radioactive waste for 
     which the Department is responsible under paragraph (3).
       (6) Exchange of uranium for services.--The Secretary shall 
     not barter or otherwise sell or transfer uranium in any form 
     in exchange for--
       (A) services related to the final disposition of the spent 
     nuclear fuel and radioactive waste for which the Department 
     is responsible under paragraph (3); or
       (B) any other services associated with carrying out the 
     uranium lease and take-back program authorized by this 
     subsection.
       (d) Coordination of Environmental Reviews.--The Department 
     and the Nuclear Regulatory Commission shall ensure to the 
     maximum extent practicable that environmental reviews for the 
     production of the medical isotopes shall complement and not 
     duplicate each review.
       (e) Operational Date.--The Secretary shall establish a 
     program as described in subsection (c)(3) not later than 3 
     years after the date of enactment of this Act.
       (f) Radioactive Waste.--Notwithstanding section 2 of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), 
     radioactive material resulting from the production of medical 
     isotopes that has been permanently removed from a reactor or 
     subcritical assembly and for which there is no further use 
     shall be

[[Page 17962]]

     considered low-level radioactive waste if the material is 
     acceptable under Federal requirements for disposal as low-
     level radioactive waste.

     SEC. 4. EXPORTS.

       Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d) is amended by striking subsection c. and inserting the 
     following:
       ``c. Effective 7 years after the date of enactment of the 
     American Medical Isotopes Production Act of 2011, 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.
       ``d. The period referred to in subsection b. may be 
     extended for no more than 6 years if, no earlier than 6 years 
     after the date of enactment of the American Medical Isotopes 
     Production Act of 2011, 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.
       ``e. 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.
       ``f. 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 enacts a Joint Resolution approving the 
     temporary suspension of the restriction of export licenses.
       ``g. 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 medical 
     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 or 
     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 
     used as fuel or targets in a nuclear research or test 
     reactor, 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:
       ``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 medical 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 or 
     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 at the end of the items relating to 
     chapter 10 of title I:

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

     SEC. 7. ANNUAL DEPARTMENT REPORTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for 5 years, 
     the Secretary shall report to Congress on Department actions 
     to support the production in the United States, without the 
     use of highly enriched uranium, of molybdenum-99 for medical 
     uses.
       (b) Contents.--The reports shall include the following:
       (1) For medical isotope development projects--
       (A) the names of any recipients of Department support under 
     section 3;
       (B) the amount of Department 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); and
       (F) the ultimate use of any Department funds used to 
     support projects under section 3.
       (2) A description of actions taken in the previous year by 
     the Secretary to ensure the safe disposition of spent nuclear 
     fuel and radioactive waste for which the Department is 
     responsible under section 3(c).

     SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT.

       (a) In General.--The Secretary 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 Congress not later than 5 
     years after the date of enactment of this Act.
       (b) Contents.--The 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 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 
     and others to eliminate all worldwide use of highly enriched 
     uranium in reactor fuel, reactor targets, and medical isotope 
     production facilities.

     SEC. 9. REPEAL.

       The Nuclear Safety Research, Development, and Demonstration 
     Act of 1980 (42 U.S.C. 9701 et seq.) is repealed.

     SEC. 10. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory

[[Page 17963]]

     Pay-As-You-Go-Act of 2010, shall be determined by reference 
     to the latest statement titled ``Budgetary Effects of PAYGO 
     Legislation'' for this Act, submitted for printing in the 
     Congressional Record by the Chairman of the Senate Budget 
     Committee, provided that such statement has been submitted 
     prior to the vote on passage.

                          ____________________