89–006 

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 


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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 technetium99m 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 anVerDate Nov 24 2008 06:06 Nov 05, 2009 Jkt 089006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR328.XXX HR328

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nounced 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 U235 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 molybdenum99 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 


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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 U235; 

‘‘(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, xenon133, 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 


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‘‘(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, xenon133, 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 molybdenum99 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 molybdenum99, 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. 


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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 


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1Medical Isotope Production Without Highly Enriched Uranium, National Academy of 

Sciences (January 2009). 2Medical Isotope Production Without Highly Enriched Uranium, National Academy of 

Sciences, 2.1 (January 2009). 

[highly enriched uranium]-based producers to convert.’’ 1 Low enriched uranium-based molybdenum-99 production is already occurring in Argentina and Australia. 

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. 

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. 


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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. 


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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 diVerDate Nov 24 2008 06:06 Nov 05, 2009 Jkt 089006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR328.XXX HR328

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rect 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). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2010– 

2014 

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 ap- propriations 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 molybdenum99 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, 


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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. 


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(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 addiVerDate Nov 24 2008 06:06 Nov 05, 2009 Jkt 089006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR328.XXX HR328

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tion, 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 molybdenum99 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]- 


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3Medical Isotope Production Without Highly Enriched Uranium, National Academy of 

Sciences, 10.19 (January 2009). 

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. 

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. 


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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; 


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(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. * * * 

øb. MEDICAL ISOTOPE PRODUCTION.— ø(1) DEFINITIONS.—In this subsection: 

ø(A) HIGHLY ENRICHED URANIUM.—The term ‘‘highly enriched uranium’’ means uranium enriched to include concentration of U–235 above 20 percent. 

ø(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. 

ø(C) RADIOPHARMACEUTICAL.—The term ‘‘radiopharmaceutical’’ means a radioactive isotope that— 

ø(i) contains byproduct material combined with 

chemical or biological material; and 

ø(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. 

ø(D) RECIPIENT COUNTRY.—The term ‘‘recipient country’’ 

means Canada, Belgium, France, Germany, and the Netherlands. 

ø(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— 

ø(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 

ø(B) the highly enriched uranium for medical isotope 

production will be irradiated only in a reactor in a recipient country that— 

ø(i) uses an alternative nuclear reactor fuel; or 

ø(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. 

ø(3) REVIEW OF PHYSICAL PROTECTION REQUIREMENTS.— 


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ø(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. 

ø(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. 

ø(4) FIRST REPORT TO CONGRESS.— ø(A) NAS STUDY.—The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct a study to determine— 

ø(i) the feasibility of procuring supplies of medical 

isotopes from commercial sources that do not use highly enriched uranium; 

ø(ii) the current and projected demand and availability of medical isotopes in regular current domestic 

use; 

ø(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 

ø(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. 

ø(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— 

ø(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; 

ø(ii) sufficient quantities of medical isotopes are 

available from low enriched uranium targets and fuel 

to meet United States domestic needs; and 

ø(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. 

ø(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— 

ø(i) contains the findings of the National Academy of 

Sciences made in the study under subparagraph (A); 

and 


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ø(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. 

ø(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). 

ø(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. 

ø(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. 

øc. As used in this section— 

ø(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; 

ø(2) the term ‘‘highly enriched uranium’’ means uranium enriched to 20 percent or more in the isotope U–235; and 

ø(3) a fuel or target ‘‘can be used’’ in a nuclear research or 

test reactor if— 

ø(A) the fuel or target has been qualified by the Reduced 

Enrichment Research and Test Reactor Program of the Department of Energy, and 

ø(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 


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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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smartinez on DSKB9S0YB1PROD with REPORTSInsert graphic folio 24 here HR328.001
21 


smartinez on DSKB9S0YB1PROD with REPORTSInsert graphic folio 25 here HR328.002