I 

111TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2009 

Mr. MARKEY of Massachusetts (for himself and Mr. UPTON) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Medical Iso5 topes Production Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Molybdenum-99 is a critical medical isotope 

2 whose decay product technecium-99m is used in ap3 proximately two-thirds of all diagnostic medical iso4 tope procedures in the United States, or 16 million 

5 medical procedures annually, including for the detec6 tion of cancer, heart disease, and thyroid disease, in7 vestigating the operation of the brain and kidney, 

8 imaging stress fractures, and tracking cancer stages. 

9 (2) Molybdenum-99 has a half-life of 66 hours, 

10 and decays at a rate of approximately one percent 

11 per hour after production. As such, molybdenum-99 

12 cannot be stockpiled. Instead, molybdenum-99 pro13 duction must be scheduled to meet the projected de14 mand and any interruption of the supply chain from 

15 production, to processing, packaging, distribution, 

16 and use can disrupt patient care. 

17 (3) There are no facilities within the United 

18 States that are dedicated to the production of mo19 lybdenum-99 for medical uses. The United States 

20 must import molybdenum-99 from foreign produc21 tion facilities, and is dependent upon the continued 

22 operation of these foreign facilities for millions of 

23 critical medical procedures annually. 

24 (4) Most reactors in the world which produce 

25 molybdenum-99 utilize highly enriched uranium, 


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1 which can also be used in the construction of nuclear 

2 weapons. In January 2009, the National Academy of 

3 Sciences encouraged molybdenum-99 producers to 

4 convert from highly enriched uranium to low en5 riched uranium, and found that there are ‘‘no tech6 nical reasons that adequate quantities cannot be 

7 produced from LEU targets in the future’’ and that 

8 ‘‘a 7-10 year phase-out period would likely allow 

9 enough time for all current HEU-based producers to 

10 convert’’. 

11 (5) The 51-year-old National Research Uni12 versal reactor in Canada, which is responsible for 

13 producing approximately sixty percent of United 

14 States demand for molybdenum-99 under normal 

15 conditions, was shut down unexpectedly May 14, 

16 2009, after the discovery of a leak of radioactive 

17 water. It is unclear whether the National Research 

18 Universal reactor will be able to resume production 

19 of molybdenum-99. 

20 (6) The United States currently faces an acute 

21 shortage of molybdenum-99 and its decay product 

22 technetium-99m due to technical problems which 

23 have seriously interrupted operations of foreign nu24 clear reactors producing molybdenum-99. 


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1 (7) As a result of the critical shortage of molyb2 denum-99, patient care in the United States is suf3 fering. Medical procedures requiring technetium-99 

4 are being rationed or delayed, and alternative treat5 ments which are less effective, more costly, and may 

6 result in increased radiation doses to patients are 

7 being substituted in lieu of technetium-99. 

8 (8) The radioactive isotope molybdenum-99 and 

9 its decay product technetium-99m are critical to the 

10 health care of Americans, and the continued avail11 ability of these isotopes, in a reliable and affordable 

12 manner, is in the interest of the United States. 

13 (9) The United States should move expedi14 tiously to ensure that an adequate and reliable sup15 ply of molybdenum-99 can be produced in the 

16 United States, without the use of highly enriched 

17 uranium. 

18 (10) The United States should accelerate its ef19 forts to convert nuclear reactors worldwide away 

20 from the use of highly enriched uranium, which can 

21 be used in nuclear weapons, to low enriched ura22 nium. Converting nuclear reactors away from the 

23 use of highly enriched uranium is a critically impor24 tant element of United States efforts to prevent nu25 clear terrorism, and supports the goal announced in 


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1 Prague by President Barack Obama on April 5, 

2 2009, to create ‘‘a new international effort to secure 

3 all vulnerable nuclear material around the world 

4 within four years’’. 

5 SEC. 3. IMPROVING THE RELIABILITY OF DOMESTIC MED6 ICAL ISOTOPE SUPPLY. 

7 (a) MEDICAL ISOTOPE DEVELOPMENT PROJECTS.— 

8 (1) IN GENERAL.—The Secretary of Energy 

9 shall establish a program to evaluate and support 

10 projects for the production in the United States, 

11 without the use of highly enriched uranium, of sig12 nificant quantities of molybdenum-99 for medical 

13 uses. 

14 (2) CRITERIA.—Projects shall be judged against 

15 the following primary criteria: 

16 (A) The length of time necessary for the 

17 proposed project to begin production of molyb18 denum-99 for medical uses within the United 

19 States. 

20 (B) The capability of the proposed project 

21 to produce a significant percentage of United 

22 States demand for molybdenum-99 for medical 

23 uses. 

24 (C) The cost of the proposed project. 


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1 (3) EXEMPTION.—An existing reactor fueled 

2 with highly enriched uranium shall not be disquali3 fied from the program if the Secretary of Energy de4 termines that— 

5 (A) there is no alternative nuclear reactor 

6 fuel, enriched in the isotope U-235 to less than 

7 20 percent, that can be used in that reactor; 

8 and 

9 (B) the reactor operator has provided as10 surances that, whenever an alternative nuclear 

11 reactor fuel, enriched in the isotope U-235 to 

12 less than 20 percent, can be used in that reac13 tor, it will use that alternative in lieu of highly 

14 enriched uranium. 

15 (4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to the Sec17 retary of Energy for carrying out the program under 

18 paragraph (1) $163,000,000 for fiscal years 2010 

19 through 2014. 

20 (b) DEVELOPMENT ASSISTANCE.—The Secretary of 

21 Energy shall establish a program to provide assistance 

22 for— 

23 (1) the development of fuels, targets, and proc24 esses for domestic molybdenum-99 production that 

25 do not use highly enriched uranium; and 


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1 (2) commercial operations using the fuels, tar2 gets, and processes described in paragraph (1). 

3 (c) URANIUM LEASE AND TAKE BACK.—The Sec4 retary of Energy shall establish a program to make low 

5 enriched uranium available, through lease contracts, for 

6 irradiation for the production of molybdenum-99 for med7 ical uses. The lease contracts shall provide for the Sec8 retary to retain responsibility for the final disposition of 

9 radioactive waste created by the irradiation, processing, 

10 or purification of leased uranium. 

11 SEC. 4. EXPORTS. 

12 Section 134 of the Atomic Energy Act of 1954 (42 

13 U.S.C. 2160d(b)) is amended by striking subsections b. 

14 and c. and inserting in lieu thereof the following: 

15 ‘‘b. Effective 7 years after the date of enactment of 

16 the American Medical Isotopes Production Act of 2009, 

17 the Commission may not issue a license for the export of 

18 highly enriched uranium from the United States. 

19 ‘‘c. The period referred to in subsection (b) may be 

20 extended for no more than three years if, no earlier than 

21 6 years after the date of enactment of the Act, the Sec22 retary of Energy certifies to the appropriate Congressional 

23 committees that— 

24 ‘‘(1) there is insufficient global supply of molyb25 denum-99 produced without the use of highly enVerDate Nov 24 2008 03:39 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3276.IH H3276

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1 riched uranium available to satisfy the domestic 

2 United States market, and 

3 ‘‘(2) the export of United States-origin highly 

4 enriched uranium for the purposes of medical iso5 tope production is the most effective temporary 

6 means to increase the supply of molybdenum-99 to 

7 the domestic United States market.’’. 

8 SEC. 5. REPORT ON DISPOSITION OF EXPORTS. 

9 Not later than 1 year after the date of the enactment 

10 of this Act, the Chairman of the Nuclear Regulatory Com11 mission, after consulting with other relevant agencies, 

12 shall submit to the Congress a report detailing the current 

13 disposition of previous United States exports of highly en14 riched uranium, including— 

15 (1) their location; 

16 (2) whether they are irradiated; 

17 (3) whether they have been used for the pur18 pose stated in their export license; 

19 (4) whether they have been used for an alter20 native purpose and, if so, whether such alternative 

21 purpose has been explicitly approved by the Commis22 sion; 

23 (5) the year of export, and reimportation, if ap24 plicable; 


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1 (6) their current physical and chemical forms; 

2 and 

3 (7) whether they are being stored in a manner 

4 which adequately protects against theft and unau5 thorized access. 

6 SEC. 6. DOMESTIC MEDICAL ISOTOPE PRODUCTION. 

7 (a) IN GENERAL.—Chapter 10 of the Atomic Energy 

8 Act of 1954 (42 U.S.C. 2131 et seq.) is amended by add9 ing at the end the following new section: 

10 ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRODUC11 TION. a. The Commission may issue a license, or grant 

12 an amendment to an existing license, for the use in the 

13 United States of highly enriched uranium as a target for 

14 medical isotope production in a nuclear reactor, only if, 

15 in addition to any other requirement of this Act— 

16 ‘‘(1) the Commission determines that— 

17 ‘‘(A) there is no alternative medical isotope 

18 production target, enriched in the isotope U19 235 to less than 20 percent, that can be used 

20 in that reactor; and 

21 ‘‘(B) the proposed recipient of the medical 

22 isotope production target has provided assur23 ances that, whenever an alternative medical iso24 tope production target can be used in that reacVerDate Nov 24 2008 03:39 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3276.IH H3276

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1 tor, it will use that alternative in lieu of highly 

2 enriched uranium; and 

3 ‘‘(2) the Secretary of Energy has certified that 

4 the United States Government is actively supporting 

5 the development of an alternative medical isotope 

6 production target that can be used in that reactor. 

7 ‘‘b. As used in this section— 

8 ‘‘(1) the term ‘alternative medical isotope pro9 duction target’ means a nuclear reactor target which 

10 is enriched to less than 20 percent of the isotope U11 235; and 

12 ‘‘(2) a target ‘can be used’ in a nuclear re13 search or test reactor if— 

14 ‘‘(A) the target has been qualified by the 

15 Reduced Enrichment Research and Test Reac16 tor Program of the Department of Energy; and 

17 ‘‘(B) use of the target will permit the large 

18 majority of ongoing and planned experiments 

19 and isotope production to be conducted in the 

20 reactor without a large percentage increase in 

21 the total cost of operating the reactor.’’. 

22 (b) TABLE OF CONTENTS.—The table of contents for 

23 the Atomic Energy Act of 1954 is amended by inserting 

24 the following new item after the item relating to section 

25 111: 

‘‘Sec. 112. Domestic medical isotope production.’’. 


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1 SEC. 7. ANNUAL DEPARTMENT OF ENERGY REPORTS. 

2 The Secretary of Energy shall report to Congress no 

3 later than one year after the date of enactment of this 

4 Act, and annually thereafter for 5 years, on Department 

5 of Energy actions to support the production in the United 

6 States, without the use of highly enriched uranium, of mo7 lybdenum-99 for medical uses. These reports shall include 

8 the following: 

9 (1) For medical isotope development projects— 

10 (A) the names of any recipients of Depart11 ment of Energy support under section 3 of this 

12 Act; 

13 (B) the amount of Department of Energy 

14 funding committed to each project; 

15 (C) the milestones expected to be reached 

16 for each project during the year for which sup17 port is provided; 

18 (D) how each project is expected to sup19 port the increased production of molybdenum20 99 for medical uses; 

21 (E) the findings of the evaluation of 

22 projects under section 3(a)(2) of this Act; and 

23 (F) the ultimate use of any Department of 

24 Energy funds used to support projects under 

25 section 3 of this Act. 


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1 (2) A description of actions taken in the pre2 vious year by the Secretary of Energy to ensure the 

3 safe disposition of radioactive waste from used mo4 lybdenum-99 targets. 

5 SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT. 

6 The Secretary of Energy shall enter into an arrange7 ment with the National Academy of Sciences to conduct 

8 a study of the state of molybdenum-99 production and uti9 lization, to be provided to the Congress not later than 5 

10 years after the date of enactment of this Act. This report 

11 shall include the following: 

12 (1) For molybdenum-99 production— 

13 (A) a list of all facilities in the world pro14 ducing molybdenum-99 for medical uses, includ15 ing an indication of whether these facilities use 

16 highly enriched uranium in any way; 

17 (B) a review of international production of 

18 molybdenum-99 over the previous 5 years, in19 cluding— 

20 (i) whether any new production was 

21 brought online; 

22 (ii) whether any facilities halted pro23 duction unexpectedly; and 

24 (iii) whether any facilities used for 

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1 wise permanently removed from service; 

2 and 

3 (C) an assessment of progress made in the 

4 previous 5 years toward establishing domestic 

5 production of molybdenum-99 for medical uses. 

6 (2) An assessment of the progress made by the 

7 Department of Energy and others to eliminate all 

8 worldwide use of highly enriched uranium in reactor 

9 fuel, reactor targets, and medical isotope production 

10 facilities. 

11 SEC. 9. DEFINITIONS. 

12 In this Act the following definitions apply: 

13 (1) HIGHLY ENRICHED URANIUM.—The term 

14 ‘‘highly enriched uranium’’ means uranium enriched 

15 to 20 percent or greater in the isotope U-235. 

16 (2) LOW ENRICHED URANIUM.—The term ‘‘low 

17 enriched uranium’’ means uranium enriched to less 

18 than 20 percent in the isotope U-235. 

19 (3) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate Congressional com21 mittees’’ means the House Committee on Energy 

22 and Commerce and the Senate Committee on En23 ergy and Natural Resources. 

Æ 


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