‘‘(2) the term ‘highly enriched uranium’ means 
uranium enriched to 20 percent or more in the iso-
tope 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 Re-
actor Program of the Department of Energy; and 
‘‘(B) use of the fuel or target will permit the 
large majority of ongoing and planned experi-
ments 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 molyb-
denum-99, iodine-131, xenon-133, and other radio-
active materials used to produce a radiopharma-
ceutical 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 Com-
mission, after consulting with other relevant agencies, shall 
submit to the Congress a report detailing the current dis-
position of previous United States exports of highly en-
riched uranium, including— 
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(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 alter-
native purpose and, if so, whether such alternative 
purpose has been explicitly approved by the Commis-
sion; 
(5) the year of export, and reimportation, if ap-
plicable; 
(6) their current physical and chemical forms; 
and 
(7) whether they are being stored in a manner 
which adequately protects against theft and unauthor-
ized 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 PRODUC-
TION. 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— 
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‘‘(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 assur-
ances that, whenever an alternative medical iso-
tope production target can be used in that reac-
tor, 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 pro-
duction target that can be used in that reactor. 
‘‘b. As used in this section— 
‘‘(1) the term ‘alternative medical isotope pro-
duction 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 Re-
duced Enrichment Research and Test Reactor 
Program of the Department of Energy; and 
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‘‘(B) use of the target will permit the large 
majority of ongoing and planned experiments 
and isotope production to be conducted in the re-
actor 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 iso-
tope U-235; and 
‘‘(4) the term ‘medical isotope’ includes molyb-
denum-99, iodine-131, xenon-133, and other radio-
active materials used to produce a radiopharma-
ceutical 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 En-
ergy actions to support the production in the United States, 
without the use of highly enriched uranium, of molyb-
denum-99 for medical uses. These reports shall include the 
following: 
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(1) For medical isotope development projects— 
(A) the names of any recipients of Depart-
ment 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 sec-
tion 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 molyb-
denum-99 targets. 
SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT. 
The Secretary of Energy shall enter into an arrange-
ment with the National Academy of Sciences to conduct a 
study of the state of molybdenum-99 production and utiliza-
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tion, 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 pro-
ducing molybdenum-99 for medical uses, includ-
ing 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, in-
cluding— 
(i) whether any new production was 
brought online; 
(ii) whether any facilities halted pro-
duction unexpectedly; and 
(iii) whether any facilities used for 
production were decommissioned or other-
wise 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 iso-
topes coproduced with molybdenum-99, such as 
iodine-131 and xenon-133, are being used for 
medical purposes. 
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(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. 
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. 
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Union Calendar No. 187 
111TH CONGRESS 
1ST SESSION 
H. R. 3276 
[Report No. 111–328] 
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. 
NOVEMBER 4, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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