[House Report 111-328]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-328

======================================================================



 
            AMERICAN MEDICAL ISOTOPES PRODUCTION ACT OF 2009

                                _______
                                

November 4, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Waxman, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3276]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
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, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................     6
Background and Need for Legislation..............................     6
Legislative History..............................................     7
Committee Consideration..........................................     8
Committee Votes..................................................     8
Applicability of Law to the Legislative Branch...................     8
Committee Oversight Findings and Recommendations.................     8
Statement of General Performance Goals and Objectives............     8
Constitutional Authority Statement...............................     8
Advisory Committee Statement.....................................     8
Unfunded Mandates Statement......................................     9
Earmarks and Tax and Tariff Benefits Identification..............     9
Committee Cost Estimate Statement................................     9
New Budget Authority, Entitlement Authority, and Tax Expenditures     9
Congressional Budget Office Estimate.............................     9
Section-by-Section Analysis of the Legislation...................    11
Changes in Existing Law Made by the Bill, as Reported............    15
Exchange of Letters..............................................    20

                               Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``American Medical Isotopes Production 
Act of 2009''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) Molybdenum-99 is a critical medical isotope whose decay 
        product technecium-99m is used in approximately two-thirds of 
        all diagnostic medical isotope procedures in the United States, 
        or 16 million medical procedures annually, including for the 
        detection of cancer, heart disease, and thyroid disease, 
        investigating the operation of the brain and kidney, imaging 
        stress fractures, and tracking cancer stages.
          (2) Molybdenum-99 has a half-life of 66 hours, and decays at 
        a rate of approximately one percent per hour after production. 
        As such, molybdenum-99 cannot be stockpiled. Instead, 
        molybdenum-99 production must be scheduled to meet the 
        projected demand and any interruption of the supply chain from 
        production, to processing, packaging, distribution, and use can 
        disrupt patient care.
          (3) There are no facilities within the United States that are 
        dedicated to the production of molybdenum-99 for medical uses. 
        The United States must import molybdenum-99 from foreign 
        production facilities, and is dependent upon the continued 
        operation of these foreign facilities for millions of critical 
        medical procedures annually.
          (4) Most reactors in the world which produce molybdenum-99 
        utilize highly enriched uranium, which can also be used in the 
        construction of nuclear weapons. In January 2009, the National 
        Academy of Sciences encouraged molybdenum-99 producers to 
        convert from highly enriched uranium to low enriched uranium, 
        and found that there are ``no technical reasons that adequate 
        quantities cannot be produced from LEU targets in the future'' 
        and that ``a 7-10 year phase-out period would likely allow 
        enough time for all current HEU-based producers to convert''.
          (5) The 51-year-old National Research Universal reactor in 
        Canada, which is responsible for producing approximately sixty 
        percent of United States demand for molybdenum-99 under normal 
        conditions, was shut down unexpectedly May 14, 2009, after the 
        discovery of a leak of radioactive water. It is unclear whether 
        the National Research Universal reactor will be able to resume 
        production of molybdenum-99.
          (6) The United States currently faces an acute shortage of 
        molybdenum-99 and its decay product technetium-99m due to 
        technical problems which have seriously interrupted operations 
        of foreign nuclear reactors producing molybdenum-99.
          (7) As a result of the critical shortage of molybdenum-99, 
        patient care in the United States is suffering. Medical 
        procedures requiring technetium-99 are being rationed or 
        delayed, and alternative treatments which are less effective, 
        more costly, and may result in increased radiation doses to 
        patients are being substituted in lieu of technetium-99.
          (8) The radioactive isotope molybdenum-99 and its decay 
        product technetium-99m are critical to the health care of 
        Americans, and the continued availability of these isotopes, in 
        a reliable and affordable manner, is in the interest of the 
        United States.
          (9) The United States should move expeditiously to ensure 
        that an adequate and reliable supply of molybdenum-99 can be 
        produced in the United States, without the use of highly 
        enriched uranium.
          (10) Other important medical isotopes, including iodine-131 
        and xenon-133, can be produced as byproducts of the molybdenum-
        99 fission production process. In January 2009, the National 
        Academy of Sciences concluded that these important medical 
        isotopes ``will be sufficiently available if Mo-99 is 
        available''. The coproduction of medically useful isotopes such 
        as iodine-131 and xenon-133 is an important benefit of 
        establishing molybdenum-99 production in the United States 
        without the use of highly enriched uranium, and these 
        coproduced isotopes should also be available for necessary 
        medical uses.
          (11) The United States should accelerate its efforts to 
        convert nuclear reactors worldwide away from the use of highly 
        enriched uranium, which can be used in nuclear weapons, to low 
        enriched uranium. Converting nuclear reactors away from the use 
        of highly enriched uranium is a critically important element of 
        United States efforts to prevent nuclear terrorism, and 
        supports the goal announced in Prague by President Barack Obama 
        on April 5, 2009, to create ``a new international effort to 
        secure all vulnerable nuclear material around the world within 
        four years''.
          (12) The United States is engaged in an effort to convert 
        civilian nuclear test and research reactors from highly 
        enriched uranium fuel to low enriched uranium fuel through the 
        Global Threat Reduction Initiative. As of September 2009, this 
        program has successfully converted 17 reactors in the United 
        States to low enriched uranium fuel, some of which are capable 
        of producing molybdenum-99 for medical uses.

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

  (a) Medical Isotope Development Projects.--
          (1) In general.--The Secretary of Energy shall establish a 
        program to evaluate and support projects for the production in 
        the United States, without the use of highly enriched uranium, 
        of significant quantities of molybdenum-99 for medical uses.
          (2) Criteria.--Projects shall be judged against the following 
        primary criteria:
                  (A) The length of time necessary for the proposed 
                project to begin production of molybdenum-99 for 
                medical uses within the United States.
                  (B) The capability of the proposed project to produce 
                a significant percentage of United States demand for 
                molybdenum-99 for medical uses.
                  (C) The cost of the proposed project.
          (3) Exemption.--An existing reactor fueled with highly 
        enriched uranium shall not be disqualified from the program if 
        the Secretary of Energy determines that--
                  (A) there is no alternative nuclear reactor fuel, 
                enriched in the isotope U-235 to less than 20 percent, 
                that can be used in that reactor;
                  (B) the reactor operator has provided assurances 
                that, whenever an alternative nuclear reactor fuel, 
                enriched in the isotope U-235 to less than 20 percent, 
                can be used in that reactor, it will use that 
                alternative in lieu of highly enriched uranium; and
                  (C) the reactor operator has provided a current 
                report on the status of its efforts to convert the 
                reactor to an alternative nuclear reactor fuel enriched 
                in the isotope U-235 to less than 20 percent, and an 
                anticipated schedule for completion of conversion.
          (4) Authorization of appropriations.--There are authorized to 
        be appropriated to the Secretary of Energy for carrying out the 
        program under paragraph (1) $163,000,000 for the period 
        encompassing fiscal years 2010 through 2014.
  (b) Development Assistance.--The Secretary of Energy shall establish 
a program to provide assistance for--
          (1) the development of fuels, targets, and processes for 
        domestic molybdenum-99 production that do not use highly 
        enriched uranium; and
          (2) commercial operations using the fuels, targets, and 
        processes described in paragraph (1).
  (c) Uranium Lease and Take Back.--The Secretary of Energy shall 
establish a program to make low enriched uranium available, through 
lease contracts, for irradiation for the production of molybdenum-99 
for medical uses. The lease contracts shall provide for the Secretary 
to retain responsibility for the final disposition of radioactive waste 
created by the irradiation, processing, or purification of leased 
uranium. The lease contracts shall also provide for compensation in 
cash amounts equivalent to prevailing market rates for the sale of 
comparable uranium products and for compensation in cash amounts 
equivalent to the net present value of the cost to the Federal 
Government for the final disposition of such radioactive waste, 
provided that the discount rate used to determine the net present value 
of such costs shall be no greater than the average interest rate on 
marketable Treasury securities. With respect to the final disposition 
of such radioactive waste from such leased uranium, the Secretary shall 
not use the authorities under section 3112 of the USEC Privatization 
Act (42 U.S.C. 2297h-10) or section 53, 63, or 161 m. of the Atomic 
Energy Act of 1954 (42 U.S.C. 2073, 2093, or 2201(m)).

SEC. 4. EXPORTS.

  Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d(b)) is 
amended by striking subsections b. and c. and inserting in lieu thereof 
the following:
  ``b. Effective 7 years after the date of enactment of the American 
Medical Isotopes Production Act of 2009, the Commission may not issue a 
license for the export of highly enriched uranium from the United 
States for the purposes of medical isotope production.
  ``c. The period referred to in subsection b. may be extended for no 
more than four years if, no earlier than 6 years after the date of 
enactment of the American Medical Isotopes Production Act of 2009, the 
Secretary of Energy certifies to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate that--
          ``(1) there is insufficient global supply of molybdenum-99 
        produced without the use of highly enriched uranium available 
        to satisfy the domestic United States market; and
          ``(2) the export of United States-origin highly enriched 
        uranium for the purposes of medical isotope production is the 
        most effective temporary means to increase the supply of 
        molybdenum-99 to the domestic United States market.
  ``d. At any time after the restriction of export licenses provided 
for in subsection b. becomes effective, if there is a critical shortage 
in the supply of molybdenum-99 available to satisfy the domestic United 
States medical isotope needs, the restriction of export licenses may be 
suspended for a period of no more than 12 months, if--
          ``(1) the Secretary of Energy certifies to the Congress that 
        the export of United States-origin highly enriched uranium for 
        the purposes of medical isotope production is the only 
        effective temporary means to increase the supply of molybdenum-
        99 necessary to meet United States medical isotope needs during 
        that period; and
          ``(2) the Congress passes a Joint Resolution approving the 
        temporary suspension of the restriction of export licenses.
  ``e. As used in this section--
          ``(1) the term `alternative nuclear reactor fuel or target' 
        means a nuclear reactor fuel or target which is enriched to 
        less than 20 percent in the isotope U-235;
          ``(2) the term `highly enriched uranium' means uranium 
        enriched to 20 percent or more in the isotope U-235;
          ``(3) a fuel or target `can be used' in a nuclear research or 
        test reactor if--
                  ``(A) the fuel or target has been qualified by the 
                Reduced Enrichment Research and Test Reactor Program of 
                the Department of Energy; and
                  ``(B) use of the fuel or target will permit the large 
                majority of ongoing and planned experiments and isotope 
                production to be conducted in the reactor without a 
                large percentage increase in the total cost of 
                operating the reactor; and
          ``(4) the term `medical isotope' includes molybdenum-99, 
        iodine-131, xenon-133, and other radioactive materials used to 
        produce a radiopharmaceutical for diagnostic, therapeutic 
        procedures or for research and development.''.

SEC. 5. REPORT ON DISPOSITION OF EXPORTS.

  Not later than 1 year after the date of the enactment of this Act, 
the Chairman of the Nuclear Regulatory Commission, after consulting 
with other relevant agencies, shall submit to the Congress a report 
detailing the current disposition of previous United States exports of 
highly enriched uranium, including--
          (1) their location;
          (2) whether they are irradiated;
          (3) whether they have been used for the purpose stated in 
        their export license;
          (4) whether they have been used for an alternative purpose 
        and, if so, whether such alternative purpose has been 
        explicitly approved by the Commission;
          (5) the year of export, and reimportation, if applicable;
          (6) their current physical and chemical forms; and
          (7) whether they are being stored in a manner which 
        adequately protects against theft and unauthorized access.

SEC. 6. DOMESTIC MEDICAL ISOTOPE PRODUCTION.

  (a) In General.--Chapter 10 of the Atomic Energy Act of 1954 (42 
U.S.C. 2131 et seq.) is amended by adding at the end the following new 
section:
  ``Sec. 112. Domestic Medical Isotope Production.  a. The Commission 
may issue a license, or grant an amendment to an existing license, for 
the use in the United States of highly enriched uranium as a target for 
medical isotope production in a nuclear reactor, only if, in addition 
to any other requirement of this Act--
          ``(1) the Commission determines that--
                  ``(A) there is no alternative medical isotope 
                production target, enriched in the isotope U-235 to 
                less than 20 percent, that can be used in that reactor; 
                and
                  ``(B) the proposed recipient of the medical isotope 
                production target has provided assurances that, 
                whenever an alternative medical isotope production 
                target can be used in that reactor, it will use that 
                alternative in lieu of highly enriched uranium; and
          ``(2) the Secretary of Energy has certified that the United 
        States Government is actively supporting the development of an 
        alternative medical isotope production target that can be used 
        in that reactor.
  ``b. As used in this section--
          ``(1) the term `alternative medical isotope production 
        target' means a nuclear reactor target which is enriched to 
        less than 20 percent of the isotope U-235;
          ``(2) a target `can be used' in a nuclear research or test 
        reactor if--
                  ``(A) the target has been qualified by the Reduced 
                Enrichment Research and Test Reactor Program of the 
                Department of Energy; and
                  ``(B) use of the target will permit the large 
                majority of ongoing and planned experiments and isotope 
                production to be conducted in the reactor without a 
                large percentage increase in the total cost of 
                operating the reactor;
          ``(3) the term `highly enriched uranium' means uranium 
        enriched to 20 percent or more in the isotope U-235; and
          ``(4) the term `medical isotope' includes molybdenum-99, 
        iodine-131, xenon-133, and other radioactive materials used to 
        produce a radiopharmaceutical for diagnostic, therapeutic 
        procedures or for research and development.''.
  (b) Table of Contents.--The table of contents for the Atomic Energy 
Act of 1954 is amended in the items relating to chapter 10, by 
inserting at the end the following new item:

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

SEC. 7. ANNUAL DEPARTMENT OF ENERGY REPORTS.

  The Secretary of Energy shall report to Congress no later than one 
year after the date of enactment of this Act, and annually thereafter 
for 5 years, on Department of Energy actions to support the production 
in the United States, without the use of highly enriched uranium, of 
molybdenum-99 for medical uses. These reports shall include the 
following:
          (1) For medical isotope development projects--
                  (A) the names of any recipients of Department of 
                Energy support under section 3 of this Act;
                  (B) the amount of Department of Energy funding 
                committed to each project;
                  (C) the milestones expected to be reached for each 
                project during the year for which support is provided;
                  (D) how each project is expected to support the 
                increased production of molybdenum-99 for medical uses;
                  (E) the findings of the evaluation of projects under 
                section 3(a)(2) of this Act; and
                  (F) the ultimate use of any Department of Energy 
                funds used to support projects under section 3 of this 
                Act.
          (2) A description of actions taken in the previous year by 
        the Secretary of Energy to ensure the safe disposition of 
        radioactive waste from used molybdenum-99 targets.

SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT.

  The Secretary of Energy shall enter into an arrangement with the 
National Academy of Sciences to conduct a study of the state of 
molybdenum-99 production and utilization, to be provided to the 
Congress not later than 5 years after the date of enactment of this 
Act. This report shall include the following:
          (1) For molybdenum-99 production--
                  (A) a list of all facilities in the world producing 
                molybdenum-99 for medical uses, including an indication 
                of whether these facilities use highly enriched uranium 
                in any way;
                  (B) a review of international production of 
                molybdenum-99 over the previous 5 years, including--
                          (i) whether any new production was brought 
                        online;
                          (ii) whether any facilities halted production 
                        unexpectedly; and
                          (iii) whether any facilities used for 
                        production were decommissioned or otherwise 
                        permanently removed from service; and
                  (C) an assessment of progress made in the previous 5 
                years toward establishing domestic production of 
                molybdenum-99 for medical uses, including the extent to 
                which other medical isotopes coproduced with 
                molybdenum-99, such as iodine-131 and xenon-133, are 
                being used for medical purposes.
          (2) An assessment of the progress made by the Department of 
        Energy and others to eliminate all worldwide use of highly 
        enriched uranium in reactor fuel, reactor targets, and medical 
        isotope production facilities.

SEC. 9. DEFINITIONS.

  In this Act the following definitions apply:
          (1) Highly enriched uranium.--The term ``highly enriched 
        uranium'' means uranium enriched to 20 percent or greater in 
        the isotope U-235.
          (2) Low enriched uranium.--The term ``low enriched uranium'' 
        means uranium enriched to less than 20 percent in the isotope 
        U-235.

                          Purpose and Summary

    H.R. 3276, the American Medical Isotopes Production Act of 
2009, was introduced by Reps. Edward J. Markey (D-MA) and Fred 
Upton (R-MI) on July 21, 2009. The purpose of H.R. 3276 is to 
authorize the U.S. Department of Energy to evaluate and support 
projects for the domestic production of molybdenum-99, a 
medical isotope, without the use of highly enriched uranium. In 
addition, H.R. 3276 sunsets the authority of the Nuclear 
Regulatory Commission to issue licenses for the export of 
highly enriched uranium for medical isotope production.

                  Background and Need for Legislation

    Molybdenum-99 is a critical medical isotope, and its decay 
product, technetium-99m, is used in approximately two-thirds of 
all diagnostic medical isotope procedures in the United States, 
or 16 million medical procedures annually. These procedures are 
used to detect cancer, heart disease, and thyroid disease, 
investigate the operation of the brain and kidney, image stress 
fractures, and track cancer stages.
    There are no facilities within the United States that 
currently produce molybdenum-99 for medical uses. As a result, 
the United States imports molybdenum-99 from foreign production 
facilities and is dependent upon the continued operation of 
these foreign facilities for millions of critical medical 
procedures annually. Nearly all of the global supply of 
molybdenum-99 has been produced by four organizations at five 
reactors in Canada, the Netherlands, Belgium, France, and South 
Africa.
    The United States currently faces an acute shortage of 
molybdenum-99 due to technical problems that have interrupted 
operations of nuclear reactors producing molybdenum-99 in 
Canada and the Netherlands. According to testimony received by 
the Committee, medical procedures requiring technetium-99 are 
being rationed or delayed, and alternative treatments that are 
less effective, more costly, and may result in increased 
radiation doses to patients are being substituted in lieu of 
technetium-99.
    Most reactors that produce molybdenum-99 utilize highly 
enriched uranium, which has the potential to be used in the 
construction of nuclear weapons. In these reactors, molybdenum-
99 is produced by irradiating a uranium ``target'' in the 
reactor. In a January 2009 study, the National Academy of 
Sciences encouraged molybdenum-99 producers to convert from 
highly enriched uranium to low enriched uranium, which has 
virtually no potential to be used in a nuclear weapon. The 
study found that there are ``no technical reasons that adequate 
quantities cannot be produced from [low enriched uranium] 
targets in the future'' and that ``a 7-10 year phase-out period 
would likely allow enough time for all current [highly enriched 
uranium]-based producers to convert.''\1\ Low enriched uranium-
based molybdenum-99 production is already occurring in 
Argentina and Australia.
---------------------------------------------------------------------------
    \1\Medical Isotope Production Without Highly Enriched Uranium, 
National Academy of Sciences (January 2009).
---------------------------------------------------------------------------
    The Committee recognizes that there are a variety of 
potential technological options for the production of 
molybdenum-99. The Committee emphasizes that H.R. 3276 does not 
favor any particular technology to receive funding as a medical 
isotope development project. Instead, it is the intent of the 
Committee that the Department of Energy support molybdenum-99 
production projects in a technology neutral manner, choosing to 
assist those projects that best meet the criteria in section 
3(a)(2) of H.R. 3276.
    The January 2009 report by the National Academy of Sciences 
found that, ``other medical isotopes such as iodine-131 (I-131) 
and xenon-133 (Xe133) are by-products of the Mo-99 production 
process and will be sufficiently available if Mo-99 is 
available.''\2\ Because establishing domestic fission-based 
production of molybdenum-99 would necessarily result in the 
domestic coproduction of isotopes such as iodine-131 and xenon-
133, the Committee fully expects that such coproduced isotopes 
will also be available for medical uses.
---------------------------------------------------------------------------
    \2\Medical Isotope Production Without Highly Enriched Uranium, 
National Academy of Sciences, 2.1 (January 2009).
---------------------------------------------------------------------------

                          Legislative History

    The Energy Policy Act of 1992 amended the Atomic Energy Act 
to require that the Nuclear Regulatory Commission only issue a 
license for the export of highly enriched uranium for the 
production of medical isotopes if the recipient provided 
assurances that it would convert to the use of low enriched 
uranium whenever the necessary technology was available, and 
that the U.S. government was actively assisting in developing 
such technology.
    The Energy Policy Act of 2005 amended the Atomic Energy Act 
to allow Canada, Belgium, France, Germany, and the Netherlands 
to import highly enriched uranium from the United States for 
medical isotope production.
    Additionally, the Energy Policy Act of 2005 required the 
National Academy of Sciences to conduct a study on the 
feasibility of procuring sufficient medical isotopes from 
commercial sources not using highly enriched uranium and to 
describe the current and projected domestic demand and 
availability of medical isotopes. The National Academy of 
Sciences report, which was delivered to Congress in January 
2009, recommended the development of domestic sources of 
molybdenum-99 and concluded that the conversion of all current 
international producers from the use of highly enriched uranium 
to low enriched uranium was both technologically and 
economically feasible and that all such conversions likely 
could be completed in a period of seven to ten years.
    H.R. 3276, the American Medical Isotopes Production Act of 
2009, was introduced by Reps. Markey and Upton on July 21, 
2009, and referred to the Committee on Energy and Commerce. The 
bill was subsequently referred to the Subcommittee on Energy 
and Environment on July 22, 2009. A legislative hearing on H.R. 
3276 was held by the Subcommittee on Energy and Environment on 
September 9, 2009.

                        Committee Consideration

    The Subcommittee on Energy and Environment met in open 
markup session on Wednesday, October 14, 2009, to consider H.R. 
3276. The Subcommittee agreed to favorably forward H.R. 3276, 
amended, to the full Committee by a voice vote.
    The Committee on Energy and Commerce met in open markup 
session on Wednesday, October 21, 2009, to consider H.R. 3276 
as approved by the Subcommittee on Energy and Environment. 
Subsequently, the full Committee ordered H.R. 3276 favorably 
reported to the House, amended, by a voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto. The Committee agreed to a motion by Mr. Waxman to 
order H.R. 3276 favorably reported to the House, amended, by a 
voice vote. There were no roll call votes on the bill or any 
amendments thereto during Committee consideration of the bill.

             Applicability of Law to the Legislative Branch

    The Committee finds that H.R. 3276 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act of 1985.

            Committee Oversight Findings and Recommendations

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the findings and 
recommendations of the Committee are reflected in the 
descriptive portions of this report.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 3276 contains the following 
general performance goals and objectives, including outcome-
related goals and objectives authorized.
    H.R. 3276 aims to ensure that the United States has an 
adequate and reliable supply of molybdenum-99 produced in the 
United States without the use of highly enriched uranium. The 
legislation also seeks to phase out the export of highly 
enriched uranium for use in the production of medical isotopes.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
constitutional authority for H.R. 3276 is provided in Article 
I, sections 3 and 18.

                      Advisory Committee Statement

    No advisory committees were created by H.R. 3276 within the 
meaning of section 5 U.S.C. App., section 5(b) of the Federal 
Advisory Committee Act.

                      Unfunded Mandates Statement

    The Committee adopts as its own the estimates of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

          Earmarks and Tax and Tariff Benefits Identification

    H.R. 3276 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                   Committee Cost Estimate Statement

    Pursuant to clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
cost estimate on H.R. 3276 prepared by the Director of the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
cost estimate on H.R. 3276 prepared by the Director of the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act, and finds that H.R. 3276 would result 
in no new entitlement authority or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate on 
H.R. 3276 provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974:

                                                  October 27, 2009.
Hon. Henry A. Waxman,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3276, the American 
Medical Isotopes Production Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Megan 
Carroll and Kathleen Gramp.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3276--American Medical Isotopes Production Act of 2009

    Summary: H.R. 3276 would authorize funding to support 
projects to produce molybdenum-99, a radioactive isotope used 
in certain medical procedures. Assuming appropriation of the 
authorized amounts, CBO estimates that implementing the bill 
would cost $130 million over the 2010-2014 period. CBO also 
estimates that enacting the legislation would have a negligible 
net impact on direct spending for any given year. The bill 
would not affect revenues.
    H.R. 3276 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3276 is shown in the following table. 
The costs of this legislation fall within budget function 270 
(energy).

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                                                            2010     2011     2012     2013     2014   2010-2014
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                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................      165        0        0        0        0       165
Estimated Outlays.......................................       12       25       30       30       33       130
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: H.R. 3276 would authorize the 
appropriation of $163 million to support projects to produce 
molybdenum-99, a radioactive isotope produced from uranium, for 
use in certain medical procedures. In addition to direct 
financial support for those projects, the bill would direct the 
Secretary of Energy to make low enriched uranium (LEU) 
available through lease contracts to producers of molybdenum-
99. Such lease contracts would provide for the Secretary to 
retain financial responsibility for radioactive waste generated 
by the irradiation, processing, or purification of LEU.
    CBO estimates that providing funding for proposed projects, 
completing related studies and reports, and managing 
radioactive waste resulting from leases of LEU would increase 
discretionary spending by $130 million over the 2010-2014 
period. We also estimate that leasing LEU would have a 
negligible net impact on direct spending.

Spending subject to appropriation

    CBO estimates that implementing H.R. 3276 would require 
appropriations totaling $165 million over the 2010-2014 period. 
That amount includes $163 million specifically authorized to 
support projects to produce molybdenum-99 and $2 million for 
related studies, reports, and regulatory activities. Assuming 
appropriation of those amounts, CBO estimates that spending 
would total $130 million over the 2010-2014 period, with the 
remaining $35 million occurring in later years. That estimate 
is based on information from the Department of Energy (DOE) 
about the types of molybdenum-99 projects that might be 
supported under H.R. 3276 and takes into account historical 
spending patterns for similar activities.
    Under H.R. 3276, the federal government would be 
responsible for disposing of radioactive waste generated by 
molybdenum-99 producers who lease LEU from DOE. Because the 
bill would prohibit DOE from using certain existing barter 
authorities to obtain waste-disposal services in exchange for 
commercially valuable uranium owned by DOE, CBO believes that 
any spending to dispose of waste generated under such leases 
would be subject to the availability of appropriated funds. 
Based on information from DOE about the relatively small volume 
of LEU the agency anticipates would be leased under H.R. 3276, 
CBO expects that resulting quantities of waste would be small. 
While such costs would be incurred over many years and may 
reach significant levels over time, CBO estimates that 
increased costs over the 2010-2014 period would not exceed 
$500,000 in any year.

Direct spending

    H.R. 3276 would direct the Secretary to lease LEU to 
producers of molybdenum-99. Under current law, CBO estimates 
that sales of the material that would be leased under the bill 
would otherwise generate offsetting receipts totaling about $1 
million annually. Because H.R. 3276 would require that lessees 
pay fees equivalent to the prevailing market rates for the sale 
of comparable uranium products, CBO estimates that any 
differences in receipts generated under the bill would be 
negligible in any given year.
    The bill also would require the Secretary to charge lessees 
a fee to offset the net present value of DOE's anticipated 
costs to dispose of radioactive waste generated from leased 
LEU. As discussed above (under ``spending subject to 
appropriation''), CBO expects that such costs would be small 
and estimates that resulting fees would not exceed $500,000 in 
any year.
    Intergovernmental and private-sector impact: H.R. 3276 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll and 
Kathleen Gramp; Impact on State, Local, and Tribal Governments: 
Ryan Miller; Impact on the Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

             Section-by-Section Analysis of the Legislation


Section 1: Short title

    This section provides that the short title of the bill is 
the ``American Medical Isotopes Production Act of 2009''.

Section 2: Findings

    This section makes a number of findings regarding the 
medical isotope molybdenum-99 and efforts to eliminate the use 
of highly enriched uranium, summarized below:
    (1) Molybdenum-99 is a critical medical isotope used in 16 
million procedures annually in the United States.
    (2) Given its 66-hour half-life, molybdenum-99 cannot be 
stockpiled and its production must be scheduled to meet 
projected demand.
    (3) There are currently no facilities in the United States 
producing molybdenum-99 for medical uses.
    (4) Most reactors in the world that produce molybdenum-99 
utilize highly enriched uranium, which can also be used in the 
construction of nuclear weapons. A January 2009 report by the 
National Academy of Sciences found that these reactors could 
all convert to the use of low enriched uranium.
    (5) On May 14, 2009, the 51-year old National Research 
Universal reactor in Canada, which normally produces 60% of 
U.S. demand for molybdenum-99, shut down unexpectedly.
    (6) The United States currently faces an acute shortage of 
molybdenum-99 and its decay product technetium-99m.
    (7) The supply shortage of molybdenum-99 is causing patient 
care in the United States to suffer.
    (8) Molybdenum-99 and 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, 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. Doing so supports the goal announced in 
Prague by President Barack Obama on April 5, 2009, to create 
``a new international effort to secure all vulnerable material 
around the world within four years.''
    (12) As of September 2009, the 17 reactors in the United 
States have been converted to low enriched uranium fuel, some 
of which are capable of producing molybdenum-99 for medical 
uses.

Section 3: Improving the reliability of the domestic medical isotope 
        supply

    Subsection (a) requires the Secretary of Energy to 
establish a program to evaluate and support projects for the 
domestic production of molybdenum-99, without the use of highly 
enriched uranium, for medical uses. The Secretary is required 
to assess proposed projects against three primary criteria: the 
length of time necessary to begin production of molybdenum-99 
for medical uses; the capability of the proposed project to 
produce a significant percentage of United States demand for 
molybdenum-99 for medical uses; and the cost of the proposed 
project. There are authorized to be appropriated to the 
Secretary for this program $163,000,000 for the period 
encompassing fiscal years 2010 through 2014.
    An exemption provides that an existing reactor fueled with 
highly enriched uranium shall not be excluded from 
participation in the program if it is in the process of 
converting to the use of low enriched uranium. The purpose of 
this exemption is to allow all relevant technologies to be 
eligible for the program, provided that any highly enriched 
uranium conversion projects are being pursued with maximum 
expeditiousness.
    Subsection (b) requires the Secretary of Energy to 
establish a program to provide assistance for the development 
of fuels, targets, and processes for domestic molybdenum-99 
production without the use of highly enriched uranium, and for 
commercial operations of these fuels, targets, and processes.
    Subsection (c) requires the Secretary of Energy to 
establish a program to make low enriched uranium available, 
through lease contracts, 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. In addition, the lease 
contracts will provide for compensation in cash amounts 
equivalent to prevailing market rates for both the low enriched 
uranium as well as for the disposition of the resulting waste. 
The Secretary shall not barter or otherwise sell or transfer 
uranium in exchange for services related to final disposition 
of any radioactive waste resulting from this program. It is the 
Committee's intent that, in subsection (c), the term ``final 
disposition'' shall be interpreted to include the disposal of 
the radioactive waste created by the irradiation, processing, 
or purification of leased uranium, as well as any treatment or 
processing necessary for such disposal. The purpose of this 
subsection is to provide that sufficient low enriched uranium 
will be available to projects, that the Department of Energy 
will be responsible for the disposition of radioactive waste 
produced, that the Department of Energy will receive full and 
appropriate compensation at prevailing market rates for both 
the uranium and the waste disposition services, and that the 
Department will not use its uranium barter, sale, or transfer 
authorities to cover any portion of the costs of the waste 
disposition.

Section 4: Exports

    Section 4 amends section 134 of the Atomic Energy Act to 
require that after seven years of the date of enactment of the 
American Medical Isotopes Production Act of 2009, the Nuclear 
Regulatory Commission may not issue a license for the export of 
highly enriched uranium for the purposes of medical isotope 
production. This period can be extended by no more than four 
years if the Secretary of Energy certifies that there is an 
insufficient supply of molybdenum-99 produced without the use 
of highly enriched uranium available to United States patients 
and that the export of highly enriched uranium for the purpose 
of medical isotope production is the most effective temporary 
means to increase the supply of molybdenum-99 available to the 
United States. After the restriction on export licenses goes 
into effect, the restriction can be temporarily suspended for 
no more than twelve months if the Secretary of Energy certifies 
that the export of United States-origin highly enriched uranium 
for the production of medical isotopes is the only effective 
temporary means to increase the supply of molybdenum-99 
available to the United States, and if the Congress passes a 
Joint Resolution approving the temporary suspension of the 
restriction of export licenses.
    The purpose of this section is to accelerate the transition 
away from the use of highly enriched uranium for medical 
isotope production internationally. Highly enriched uranium can 
be used in the production of nuclear weapons, and the 
elimination of the use of highly enriched uranium is in the 
national security interests of the United States. The 
Department of Energy operates the Global Threat Reduction 
Initiative to minimize the use of highly enriched uranium 
around the world.
    By setting a date for the end of United States exports of 
highly enriched uranium for medical isotope production, those 
remaining medical isotope producers who use highly enriched 
uranium will be provided with a new and effective incentive to 
convert their operations to low enriched uranium. The 2009 
National Academy of Sciences report found that ``a 7-10 year 
phase out period would likely allow enough time for all current 
[highly enriched uranium]-based producers to convert.''\3\ This 
section provides for a flexible seven to eleven year period, 
providing sufficient time for conversions to occur prior to the 
export license restrictions becoming effective.
---------------------------------------------------------------------------
    \3\Medical Isotope Production Without Highly Enriched Uranium, 
National Academy of Sciences, 10.19 (January 2009).
---------------------------------------------------------------------------

Section 5: Report on disposition of exports

    This section requires, within one year of the date of 
enactment of the American Medical Isotopes Production Act of 
2009, that the Nuclear Regulatory Commission report to Congress 
on the disposition of previous United States exports of highly 
enriched uranium. The Commission last reported to Congress on 
this subject in January 1993.

Section 6: Domestic medical isotope production

    This section allows the Nuclear Regulatory Commission to 
issue a license for the use of highly enriched uranium as a 
target for medical isotope production only if there is no low 
enriched uranium target that will work in that reactor, the 
reactor operator has agreed to convert to the use of low 
enriched uranium targets when able, and the United States 
government is actively supporting the development of low 
enriched uranium targets for use in that reactor.
    The purpose of this section is to provide flexibility to 
the Executive branch as it seeks to find short-term methods to 
increase the supply of molybdenum-99 to the United States 
during the current supply shortage. One option that Executive 
branch has considered is to temporarily irradiate existing 
highly enriched uranium targets in United States reactors. The 
Committee does not wish to preclude this option if it is the 
most effective short-term means to increase the supply of 
molybdenum-99 to the United States pending the establishment of 
a robust domestic production capacity. Given, however, that it 
would utilize highly enriched uranium, the Committee expects 
that in the event that this option is pursued it be done so on 
a strictly short-term basis, and in full compliance of the 
restrictions contained in section 6 of this Act.

Section 7: Annual Department of Energy reports

    This section requires annual reports from the Department of 
Energy for 6 years on the Department's actions and progress in 
supporting the production of molybdenum-99 in the United 
States.

Section 8: National Academy of Sciences report

    This section requires a study by the National Academy of 
Sciences on the production and utilization of molybdenum-99 and 
other medical isotopes coproduced with molybdenum-99 to be 
provided to Congress 5 years after enactment of the Act.

Section 9: Definitions

    This section defines ``highly enriched uranium'' as uranium 
enriched to 20% or greater in the isotope U-235, and defines 
``low enriched uranium'' as uranium enriched to less than 20% 
in the isotope U-235.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                       ATOMIC ENERGY ACT OF 1954

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                            TABLE OF CONTENTS

                         TITLE I--ATOMIC ENERGY

     * * * * * * *

                   Chapter 10. Atomic Energy Licenses

     * * * * * * *
Sec. 112. Domestic medical isotope production.

           *       *       *       *       *       *       *


CHAPTER 10--ATOMIC ENERGY LICENSES

           *       *       *       *       *       *       *


  Sec. 112. Domestic Medical Isotope Production. a. The 
Commission may issue a license, or grant an amendment to an 
existing license, for the use in the United States of highly 
enriched uranium as a target for medical isotope production in 
a nuclear reactor, only if, in addition to any other 
requirement of this Act--
          (1) the Commission determines that--
                  (A) there is no alternative medical isotope 
                production target, enriched in the isotope U-
                235 to less than 20 percent, that can be used 
                in that reactor; and
                  (B) the proposed recipient of the medical 
                isotope production target has provided 
                assurances that, whenever an alternative 
                medical isotope production target can be used 
                in that reactor, it will use that alternative 
                in lieu of highly enriched uranium; and
          (2) the Secretary of Energy has certified that the 
        United States Government is actively supporting the 
        development of an alternative medical isotope 
        production target that can be used in that reactor.
  b. As used in this section--
          (1) the term ``alternative medical isotope production 
        target'' means a nuclear reactor target which is 
        enriched to less than 20 percent of the isotope U-235;
          (2) a target ``can be used'' in a nuclear research or 
        test reactor if--
                  (A) the target has been qualified by the 
                Reduced Enrichment Research and Test Reactor 
                Program of the Department of Energy; and
                  (B) use of the target will permit the large 
                majority of ongoing and planned experiments and 
                isotope production to be conducted in the 
                reactor without a large percentage increase in 
                the total cost of operating the reactor;
          (3) the term ``highly enriched uranium'' means 
        uranium enriched to 20 percent or more in the isotope 
        U-235; and
          (4) the term ``medical isotope'' includes molybdenum-
        99, iodine-131, xenon-133, and other radioactive 
        materials used to produce a radiopharmaceutical for 
        diagnostic, therapeutic procedures or for research and 
        development.

CHAPTER 11--INTERNATIONAL ACTIVITIES

           *       *       *       *       *       *       *


  Sec. 134. Further Restrictions on Exports.--
  a. * * *
  [b. Medical Isotope Production.--
          [(1) Definitions.--In this subsection:
                  [(A) Highly enriched uranium.--The term 
                ``highly enriched uranium'' means uranium 
                enriched to include concentration of U-235 
                above 20 percent.
                  [(B) Medical isotope.--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.
                  [(C) Radiopharmaceutical.--The term 
                ``radiopharmaceutical'' means a radioactive 
                isotope that--
                          [(i) contains byproduct material 
                        combined with chemical or biological 
                        material; and
                          [(ii) is designed to accumulate 
                        temporarily in a part of the body for 
                        therapeutic purposes or for enabling 
                        the production of a useful image for 
                        use in a diagnosis of a medical 
                        condition.
                  [(D) Recipient country.--The term ``recipient 
                country'' means Canada, Belgium, France, 
                Germany, and the Netherlands.
          [(2) Licenses.--The Commission may issue a license 
        authorizing the export (including shipment to and use 
        at intermediate and ultimate consignees specified in 
        the license) to a recipient country of highly enriched 
        uranium for medical isotope production if, in addition 
        to any other requirements of this Act (except 
        subsection a.), the Commission determines that--
                  [(A) a recipient country that supplies an 
                assurance letter to the United States 
                Government in connection with the consideration 
                by the Commission of the export license 
                application has informed the United States 
                Government that any intermediate consignees and 
                the ultimate consignee specified in the 
                application are required to use the highly 
                enriched uranium solely to produce medical 
                isotopes; and
                  [(B) the highly enriched uranium for medical 
                isotope production will be irradiated only in a 
                reactor in a recipient country that--
                          [(i) uses an alternative nuclear 
                        reactor fuel; or
                          [(ii) is the subject of an agreement 
                        with the United States Government to 
                        convert to an alternative nuclear 
                        reactor fuel when alternative nuclear 
                        reactor fuel can be used in the 
                        reactor.
          [(3) Review of physical protection requirements.--
                  [(A) In general.--The Commission shall review 
                the adequacy of physical protection 
                requirements that, as of the date of an 
                application under paragraph (2), are applicable 
                to the transportation and storage of highly 
                enriched uranium for medical isotope production 
                or control of residual material after 
                irradiation and extraction of medical isotopes.
                  [(B) Imposition of additional requirements.--
                If the Commission determines that additional 
                physical protection requirements are necessary 
                (including a limit on the quantity of highly 
                enriched uranium that may be contained in a 
                single shipment), the Commission shall impose 
                such requirements as license conditions or 
                through other appropriate means.
          [(4) First report to congress.--
                  [(A) NAS study.--The Secretary shall enter 
                into an arrangement with the National Academy 
                of Sciences to conduct a study to determine--
                          [(i) the feasibility of procuring 
                        supplies of medical isotopes from 
                        commercial sources that do not use 
                        highly enriched uranium;
                          [(ii) the current and projected 
                        demand and availability of medical 
                        isotopes in regular current domestic 
                        use;
                          [(iii) the progress that is being 
                        made by the Department of Energy and 
                        others to eliminate all use of highly 
                        enriched uranium in reactor fuel, 
                        reactor targets, and medical isotope 
                        production facilities; and
                          [(iv) the potential cost differential 
                        in medical isotope production in the 
                        reactors and target processing 
                        facilities if the products were derived 
                        from production systems that do not 
                        involve fuels and targets with highly 
                        enriched uranium.
                  [(B) Feasibility.--For the purpose of this 
                subsection, the use of low enriched uranium to 
                produce medical isotopes shall be determined to 
                be feasible if--
                          [(i) low enriched uranium targets 
                        have been developed and demonstrated 
                        for use in the reactors and target 
                        processing facilities that produce 
                        significant quantities of medical 
                        isotopes to serve United States needs 
                        for such isotopes;
                          [(ii) sufficient quantities of 
                        medical isotopes are available from low 
                        enriched uranium targets and fuel to 
                        meet United States domestic needs; and
                          [(iii) the average anticipated total 
                        cost increase from production of 
                        medical isotopes in such facilities 
                        without use of highly enriched uranium 
                        is less than 10 percent.
                  [(C) Report by the secretary.--Not later than 
                5 years after the date of enactment of the 
                Energy Policy Act of 2005, the Secretary shall 
                submit to Congress a report that--
                          [(i) contains the findings of the 
                        National Academy of Sciences made in 
                        the study under subparagraph (A); and
                          [(ii) discloses the existence of any 
                        commitments from commercial producers 
                        to provide domestic requirements for 
                        medical isotopes without use of highly 
                        enriched uranium consistent with the 
                        feasibility criteria described in 
                        subparagraph (B) not later than the 
                        date that is 4 years after the date of 
                        submission of the report.
          [(5) Second report to congress.--If the study of the 
        National Academy of Sciences determines under paragraph 
        (4)(A)(i) that the procurement of supplies of medical 
        isotopes from commercial sources that do not use highly 
        enriched uranium is feasible, but the Secretary is 
        unable to report the existence of commitments under 
        paragraph (4)(C)(ii), not later than the date that is 6 
        years after the date of enactment of the Energy Policy 
        Act of 2005, the Secretary shall submit to Congress a 
        report that describes options for developing domestic 
        supplies of medical isotopes in quantities that are 
        adequate to meet domestic demand without the use of 
        highly enriched uranium consistent with the cost 
        increase described in paragraph (4)(B)(iii).
          [(6) Certification.--At such time as commercial 
        facilities that do not use highly enriched uranium are 
        capable of meeting domestic requirements for medical 
        isotopes, within the cost increase described in 
        paragraph (4)(B)(iii) and without impairing the 
        reliable supply of medical isotopes for domestic 
        utilization, the Secretary shall submit to Congress a 
        certification to that effect.
          [(7) Sunset provision.--After the Secretary submits a 
        certification under paragraph (6), the Commission 
        shall, by rule, terminate its review of export license 
        applications under this subsection.
  [c. 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; and
          [(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.]
  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.

           *       *       *       *       *       *       *



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