IB 
Union Calendar No. 187 
111TH CONGRESS 
1ST SESSION H. R. 3276 
[Report No. 111–328] 
To promote the production of molybdenum-99 in the United States for med-
ical 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 
NOVEMBER 4, 2009 
Additional sponsors: Mr. CARNAHAN, Mr. MCGOVERN, Mr. BLUNT, Mr. 
INSLEE, Ms. SUTTON, and Ms. ZOE LOFGREN of California 
NOVEMBER 4, 2009 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 21, 2009] 
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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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Medical Iso-
topes 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 ap-
proximately two-thirds of all diagnostic medical iso-
tope procedures in the United States, or 16 million 
medical procedures annually, including for the detec-
tion of cancer, heart disease, and thyroid disease, in-
vestigating the operation of the brain and kidney, im-
aging 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 produc-
tion must be scheduled to meet the projected demand 
and any interruption of the supply chain from pro-
duction, 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 molyb-
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denum-99 for medical uses. The United States must 
import molybdenum-99 from foreign production fa-
cilities, and is dependent upon the continued oper-
ation 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 rea-
sons 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 dis-
covery of a leak of radioactive water. It is unclear 
whether the National Research Universal reactor will 
be able to resume production of molybdenum-99. 
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(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 re-
actors producing molybdenum-99. 
(7) As a result of the critical shortage of molyb-
denum-99, patient care in the United States is suf-
fering. Medical procedures requiring technetium-99 
are being rationed or delayed, and alternative treat-
ments which are less effective, more costly, and may 
result in increased radiation doses to patients are 
being substituted in lieu of technetium-99. 
(8) The radioactive isotope molybdenum-99 and 
its decay product technetium-99m are critical to the 
health care of Americans, and the continued avail-
ability 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 mo-
lybdenum-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 by-
products of the molybdenum-99 fission production 
process. In January 2009, the National Academy of 
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Sciences concluded that these important medical iso-
topes ‘‘will be sufficiently available if Mo-99 is avail-
able’’. 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 ef-
forts 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 ele-
ment of United States efforts to prevent nuclear ter-
rorism, and supports the goal announced in Prague 
by President Barack Obama on April 5, 2009, to cre-
ate ‘‘a new international effort to secure all vulner-
able 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 
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successfully converted 17 reactors in the United States 
to low enriched uranium fuel, some of which are ca-
pable of producing molybdenum-99 for medical uses. 
SEC. 3. IMPROVING THE RELIABILITY OF DOMESTIC MED-
ICAL 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 quan-
tities 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 pro-
posed project to begin production of molyb-
denum-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 
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from the program if the Secretary of Energy deter-
mines 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 assur-
ances that, whenever an alternative nuclear reac-
tor 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 en-
riched uranium; and 
(C) the reactor operator has provided a cur-
rent 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 comple-
tion of conversion. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary of Energy for carrying out the program under 
paragraph (1) $163,000,000 for the period encom-
passing fiscal years 2010 through 2014. 
(b) DEVELOPMENT ASSISTANCE.—The Secretary of 
Energy shall establish a program to provide assistance 
for— 
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(1) the development of fuels, targets, and proc-
esses for domestic molybdenum-99 production that do 
not use highly enriched uranium; and 
(2) commercial operations using the fuels, tar-
gets, 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 re-
sponsibility 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 in-
terest 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 
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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 ex-
tended for no more than four years if, no earlier than 6 
years after the date of enactment of the American Medical 
Isotopes Production Act of 2009, the Secretary of Energy 
certifies to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Energy and 
Natural Resources of the Senate that— 
‘‘(1) there is insufficient global supply of molyb-
denum-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 en-
riched uranium for the purposes of medical isotope 
production is the most effective temporary means to 
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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 avail-
able 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 Con-
gress 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 ap-
proving 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; 
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