A bill to promote the production of molybdenum-99 in the United States for medical isotope production, and to condition and phase out the export of highly enriched uranium for the production of medical isotopes.

Summary: American Medical Isotopes Production Act of 2011 - (Sec. 3) Directs the Secretary of Energy (DOE) to implement a technology-neutral program to evaluate and support projects for the production in the United States (except in certain circumstances without the use of highly enriched uranium) of significant quantities of molybdenum-99 for medical uses, implemented in cooperation with non-federal entities, whose costs shall be shared in accordance with certain cost sharing requirements of the Energy Policy Act of 2005.

Directs the Secretary to: (1) develop and update annually a program plan through public workshops; (2) use the Nuclear Science Advisory Committee to conduct annual reviews of progress in achieving program goals; and (3) implement a program to provide assistance for the development of fuels, targets, and processes for domestic molybdenum-99 production that do not use highly enriched uranium, and for commercial operations using them.

Requires the Secretary to establish a program to make low enriched uranium available, through lease contracts, for irradiation for molybdenum-99 production for medical uses.

Requires such contracts to 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 Act.

Requires the contracts to require the Secretary to: (1) retain responsibility for the final disposition of spent nuclear fuel created under this Act for medical isotopes production; and (2) take title to and be responsible for final disposition of radioactive waste created by the irradiation, processing, or purification of uranium leased under this Act for which the producer does not have access to a disposal path.

Requires the producer of the spent nuclear fuel and radioactive waste to characterize accurately, package appropriately, and transport the spent nuclear fuel and radioactive waste before its acceptance by DOE.

Prohibits the Secretary from exchanging uranium for specified services.

Deems 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, to be low-level radioactive waste if it is acceptable under federal requirements for disposal as low-level radioactive waste.

 (Sec. 4) Amends the Atomic Energy Act of 1954 to: (1) prohibit the Nuclear Regulatory Commission (NRC) from issuing a license for the export of highly enriched uranium from the United States, beginning seven years after enactment of this Act; and (2) authorize an extension of this seven-year period for up to another six years if the Secretary makes specified certifications to certain congressional committees.

Permits suspension of the export license restriction for a 12-month period if: (1) there is a critical shortage of molybdenum-99 to satisfy domestic U.S. medical isotope needs, (2) the Secretary certifies to Congress that the export of U.S.-origin highly enriched uranium for medical isotope production is the only effective temporary means to increase the supply of molybdenum-99 necessary to meet U.S. medical isotope needs during that period, and (3) Congress enacts a joint resolution approving the temporary suspension of such export license restriction.

(Sec. 5) Requires the NRC Chairman to report to Congress on the current disposition of previous US exports of highly enriched uranium used as fuel or targets in a nuclear research or test reactor.

(Sec. 6) Amends the Atomic Energy Act of 1954 to authorize the NRC to issue a license, or grant an amendment to an existing license, for use in the United States of highly enriched uranium as a target for medical isotope production in a nuclear reactor, but only if specified conditions are met, including certification by the Secretary that the federal government is actively supporting development of an alternative medical isotope production target that can be used in that reactor.

(Sec. 7) Directs the Secretary to report to Congress annually for five years on DOE actions to support U.S. production of molybdenum-99 for medical uses without the use of highly enriched uranium.

(Sec. 8) Instructs the Secretary to arrange with the National Academy of Sciences to study the state of molybdenum-99 production and utilization.

(Sec. 9) Repeals the Nuclear Safety Research, Development, and Demonstration Act of 1980.

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 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.

            Passed the Senate November 17, 2011.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.