```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 99 Referred in House (RFH)]

112th CONGRESS
  1st Session
                                 S. 99

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2011

 Referred to the Committee on Energy and Commerce, and in addition to 
the Committees on Science, Space, and Technology, and the Budget for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 AN ACT

 
  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.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

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

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

    (a) Medical Isotope Development Projects.--
            (1) In general.--The Secretary shall carry out a 
        technology-neutral program--
                    (A) to evaluate and support projects for the 
                production in the United States, without the use of 
                highly enriched uranium, of significant quantities of 
                molybdenum-99 for medical uses;
                    (B) to be carried out in cooperation with non-
                Federal entities; and
                    (C) the costs of which shall be shared in 
                accordance with section 988 of the Energy Policy Act of 
                2005 (42 U.S.C. 16352).
            (2) Criteria.--Projects shall be judged against the 
        following primary criteria:
                    (A) The length of time necessary for the proposed 
                project to begin production of molybdenum-99 for 
                medical uses within the United States.
                    (B) The capability of the proposed project to 
                produce a significant percentage of United States 
                demand for molybdenum-99 for medical uses.
                    (C) The cost of the proposed project.
            (3) Exemption.--An existing reactor in the United States 
        fueled with highly enriched uranium shall not be disqualified 
        from the program if the Secretary determines that--
                    (A) there is no alternative nuclear reactor fuel, 
                enriched in the isotope U-235 to less than 20 percent, 
                that can be used in that reactor;
                    (B) the reactor operator has provided assurances 
                that, whenever an alternative nuclear reactor fuel, 
                enriched in the isotope U-235 to less than 20 percent, 
                can be used in that reactor, it will use that 
                alternative in lieu of highly enriched uranium; and
                    (C) the reactor operator has provided a current 
                report on the status of its efforts to convert the 
                reactor to an alternative nuclear reactor fuel enriched 
                in the isotope U-235 to less than 20 percent, and an 
                anticipated schedule for completion of conversion.
            (4) Public participation and review.--The Secretary shall--
                    (A) develop a program plan and annually update the 
                program plan through public workshops; and
                    (B) use the Nuclear Science Advisory Committee to 
                conduct annual reviews of the progress made in 
                achieving the program goals.
    (b) Development Assistance.--The Secretary shall carry out a 
program to provide assistance for--
            (1) the development of fuels, targets, and processes for 
        domestic molybdenum-99 production that do not use highly 
        enriched uranium; and
            (2) commercial operations using the fuels, targets, and 
        processes described in paragraph (1).
    (c) Uranium Lease and Take-back.--
            (1) In general.--The Secretary shall establish a program to 
        make low-enriched uranium available, through lease contracts, 
        for irradiation for the production of molybdenum-99 for medical 
        uses.
            (2) Title.--The lease contracts shall provide for the 
        producers of the molybdenum-99 to take title to and be 
        responsible for the molybdenum-99 created by the irradiation, 
        processing, or purification of uranium leased under this 
        section.
            (3) Duties.--
                    (A) Secretary.--The lease contracts shall require 
                the Secretary--
                            (i) to retain responsibility for the final 
                        disposition of spent nuclear fuel created by 
                        the irradiation, processing, or purification of 
                        uranium leased under this section for the 
                        production of medical isotopes; and
                            (ii) to take title to and be responsible 
                        for the final disposition of radioactive waste 
                        created by the irradiation, processing, or 
                        purification of uranium leased under this 
                        section for which the Secretary determines the 
                        producer does not have access to a disposal 
                        path.
                    (B) Producer.--The producer of the spent nuclear 
                fuel and radioactive waste shall accurately 
                characterize, appropriately package, and transport the 
                spent nuclear fuel and radioactive waste prior to 
                acceptance by the Department.
            (4) Compensation.--
                    (A) In general.--Subject to subparagraph (B), the 
                lease contracts shall provide for compensation in cash 
                amounts equivalent to prevailing market rates for the 
                sale of comparable uranium products and for 
                compensation in cash amounts equivalent to the net 
                present value of the cost to the Federal Government 
                for--
                            (i) the final disposition of spent nuclear 
                        fuel and radioactive waste for which the 
                        Department is responsible under paragraph (3); 
                        and
                            (ii) other costs associated with carrying 
                        out the uranium lease and take-back program 
                        authorized by this subsection.
                    (B) Discount rate.--The discount rate used to 
                determine the net present value of costs described in 
                subparagraph (A)(ii) shall be not greater than the 
                average interest rate on marketable Treasury 
                securities.
            (5) Authorized use of funds.--The Secretary may obligate 
        and expend funds received under leases entered into under this 
        subsection, which shall remain available until expended, for 
        the purpose of carrying out the activities authorized by this 
        Act, including activities related to the final disposition of 
        spent nuclear fuel and radioactive waste for which the 
        Department is responsible under paragraph (3).
            (6) Exchange of uranium for services.--The Secretary shall 
        not barter or otherwise sell or transfer uranium in any form in 
        exchange for--
                    (A) services related to the final disposition of 
                the spent nuclear fuel and radioactive waste for which 
                the Department is responsible under paragraph (3); or
                    (B) any other services associated with carrying out 
                the uranium lease and take-back program authorized by 
                this subsection.
    (d) Coordination of Environmental Reviews.--The Department and the 
Nuclear Regulatory Commission shall ensure to the maximum extent 
practicable that environmental reviews for the production of the 
medical isotopes shall complement and not duplicate each review.
    (e) Operational Date.--The Secretary shall establish a program as 
described in subsection (c)(3) not later than 3 years after the date of 
enactment of this Act.
    (f) Radioactive Waste.--Notwithstanding section 2 of the Nuclear 
Waste Policy Act of 1982 (42 U.S.C. 10101), radioactive material 
resulting from the production of medical isotopes that has been 
permanently removed from a reactor or subcritical assembly and for 
which there is no further use shall be considered low-level radioactive 
waste if the material is acceptable under Federal requirements for 
disposal as low-level radioactive waste.

SEC. 4. EXPORTS.

    Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is 
amended by striking subsection c. and inserting the following:
    ``c. Effective 7 years after the date of enactment of the American 
Medical Isotopes Production Act of 2011, the Commission may not issue a 
license for the export of highly enriched uranium from the United 
States for the purposes of medical isotope production.
    ``d. The period referred to in subsection b. may be extended for no 
more than 6 years if, no earlier than 6 years after the date of 
enactment of the American Medical Isotopes Production Act of 2011, the 
Secretary of Energy certifies to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Energy and Natural 
Resources of the Senate that--
            ``(1) there is insufficient global supply of molybdenum-99 
        produced without the use of highly enriched uranium available 
        to satisfy the domestic United States market; and
            ``(2) the export of United States-origin highly enriched 
        uranium for the purposes of medical isotope production is the 
        most effective temporary means to increase the supply of 
        molybdenum-99 to the domestic United States market.
    ``e. To ensure public review and comment, the development of the 
certification described in subsection c. shall be carried out through 
announcement in the Federal Register.
    ``f. At any time after the restriction of export licenses provided 
for in subsection b. becomes effective, if there is a critical shortage 
in the supply of molybdenum-99 available to satisfy the domestic United 
States medical isotope needs, the restriction of export licenses may be 
suspended for a period of no more than 12 months, if--
            ``(1) the Secretary of Energy certifies to the Congress 
        that the export of United States-origin highly enriched uranium 
        for the purposes of medical isotope production is the only 
        effective temporary means to increase the supply of molybdenum-
        99 necessary to meet United States medical isotope needs during 
        that period; and
            ``(2) the Congress enacts a Joint Resolution approving the 
        temporary suspension of the restriction of export licenses.
    ``g. As used in this section--
            ``(1) the term `alternative nuclear reactor fuel or target' 
        means a nuclear reactor fuel or target which is enriched to 
        less than 20 percent in the isotope U-235;
            ``(2) the term `highly enriched uranium' means uranium 
        enriched to 20 percent or more in the isotope U-235;
            ``(3) a fuel or target `can be used' in a nuclear research 
        or test reactor if--
                    ``(A) the fuel or target has been qualified by the 
                Reduced Enrichment Research and Test Reactor Program of 
                the Department of Energy; and
                    ``(B) use of the fuel or target will permit the 
                large majority of ongoing and planned experiments and 
                medical isotope production to be conducted in the 
                reactor without a large percentage increase in the 
                total cost of operating the reactor; and
            ``(4) the term `medical isotope' includes molybdenum-99, 
        iodine-131, xenon-133, and other radioactive materials used to 
        produce a radiopharmaceutical for diagnostic or therapeutic 
        procedures or for research and development.''.

SEC. 5. REPORT ON DISPOSITION OF EXPORTS.

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

SEC. 6. DOMESTIC MEDICAL ISOTOPE PRODUCTION.

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

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

SEC. 7. ANNUAL DEPARTMENT REPORTS.

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

SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT.

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

SEC. 9. REPEAL.

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

SEC. 10. BUDGETARY EFFECTS.

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