II 
Calendar No. 263 
111TH CONGRESS 
2D SESSION 
H. R. 3276 
[Report No. 111–120] 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 6, 2009 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
JANUARY 28, 2010 
Reported by Mr. BINGAMAN, with amendments 
[Omit the part struck through and insert the part printed in italic] 
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 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 20092010’’. 
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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, 
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 pro-
duction must be scheduled to meet the projected de-
mand 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 mo-
lybdenum-99 for medical uses. The United States 
must import molybdenum-99 from foreign produc-
tion facilities, and is dependent upon the continued 
operation of these foreign facilities for millions of 
critical medical procedures annually. 
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(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 en-
riched uranium, and found that there are ‘‘no tech-
nical 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 Uni-
versal 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 
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have seriously interrupted operations of foreign nu-
clear reactors 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 expedi-
tiously to ensure that an adequate and reliable sup-
ply of molybdenum-99 can be produced in the 
United States, without the use of highly enriched 
uranium. 
(10) Other important medical isotopes, includ-
ing 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 iso-
topes ‘‘will be sufficiently available if Mo-99 is avail-
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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 ura-
nium. Converting nuclear reactors away from the 
use of highly enriched uranium is a critically impor-
tant element of United States efforts to prevent nu-
clear terrorism, and supports the goal announced 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 
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are capable of producing molybdenum-99 for medical 
uses. 
SEC. 3.2. 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 sig-
nificant quantities of molybdenum-99 for medical 
uses. shall establish 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 quan-
tities 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 ac-
cordance 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 molyb-
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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 disquali-
fied from the program if the Secretary of Energy de-
termines 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 as-
surances that, whenever an alternative nuclear 
reactor fuel, enriched in the isotope U-235 to 
less than 20 percent, can be used in that reac-
tor, 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 re-
actor fuel enriched in the isotope U-235 to less 
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than 20 percent, and an anticipated schedule 
for completion of conversion. 
(4) PUBLIC PARTICIPATION AND REVIEW.—The 
Secretary of Energy shall— 
(A) develop a program plan and annually 
update the program plan through public work-
shops; and 
(B) use the Nuclear Science Advisory Com-
mittee to conduct annual reviews of the progress 
made in achieving the program goals. 
(4)(5) 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— 
(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 Sec-
retary of Energy shall establish a program to make low 
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enriched uranium available, through lease contracts, for 
irradiation for the production of molybdenum-99 for med-
ical uses. The lease contracts shall provide for the Sec-
retary 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 equiv-
alent 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 Fed-
eral Government for the final disposition of such radio-
active waste, provided that the discount rate used to deter-
mine the net present value of such costs shall be no great-
er than the average interest rate on marketable Treasury 
securities. The Secretary shall not barter or otherwise sell 
or transfer uranium in any form in exchange for services 
related to final disposition of the radioactive waste from 
such leased uranium. 
SEC. 4.3. EXPORTS. 
Section 134 of the Atomic Energy Act of 1954 (42 
U.S.C. 2160d(b)2160d) 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 
20092010, the Commission may not issue a license for the 
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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 6 years if, no earlier than 
6 years after the date of enactment of the American Med-
ical Isotopes Production Act of 20092010, the Secretary 
of Energy certifies to the Committee on Energy and Com-
merce 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 en-
riched 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 iso-
tope production is the most effective temporary 
means to increase the supply of molybdenum-99 to 
the domestic United States market. 
‘‘d. To ensure public review and comment, the develop-
ment of the certification described in subsection c. shall be 
carried out through announcement in the Federal Register. 
‘‘d.e. At any time after the restriction of export li-
censes 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 
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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 nec-
essary to meet United States medical isotope needs 
during that period; and 
‘‘(2) the Congress passesenacts a Joint Resolu-
tion approving the temporary suspension of the re-
striction of export licenses. 
‘‘e.f. 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 iso-
tope U-235; 
‘‘(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 
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Reactor Program of the Department of Energy; 
and 
‘‘(B) use of the fuel or target will permit 
the large majority of ongoing and planned ex-
periments and isotope production to be con-
ducted in the reactor without a large percentage 
increase in the total cost of operating the reac-
tor; 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. 5.4. 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 
disposition of previous United States exports of highly en-
riched uranium, including— 
(1) their location; 
(2) whether they are irradiated; 
(3) whether they have been used for the pur-
pose stated in their export license; 
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(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 unau-
thorized access. 
SEC. 6.5. 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 add-
ing 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— 
‘‘(1) the Commission determines that— 
‘‘(A) there is no alternative medical isotope 
production target, enriched in the isotope U- 
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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 
production 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 re-
search or test reactor if— 
‘‘(A) the target has been qualified by the 
Reduced Enrichment Research and Test Reac-
tor 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 
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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 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 by inserting 
the following new item after the item relating to section 
111: at the end of the items relating to chapter 10 of title 
I: 
‘‘Sec. 112. Domestic medical isotope production.’’. 
SEC. 7.6. 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 mo-
lybdenum-99 for medical uses. These reports shall include 
the following: 
(1) For medical isotope development projects— 
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(A) the names of any recipients of Depart-
ment of Energy support under section 3 section 
2 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 sup-
port is provided; 
(D) how each project is expected to sup-
port the increased production of molybdenum- 
99 for medical uses; 
(E) the findings of the evaluation of 
projects under section 3(a)(2) 2(a)(2) of this 
Act; and 
(F) the ultimate use of any Department of 
Energy funds used to support projects under 
section 3 section 2 of this Act. 
(2) A description of actions taken in the pre-
vious year by the Secretary of Energy to ensure the 
safe disposition of radioactive waste from used mo-
lybdenum-99 targets. 
SEC. 8.7. 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 uti-
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lization, 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 coproducedthat have been produced with 
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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 of Energy and others to eliminate all 
worldwide use of highly enriched uranium in reactor 
fuel, reactor targets, and medical isotope production 
facilities. 
SEC. 9.8. 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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Calendar No. 263 
111TH CONGRESS 
2D SESSION 
H. R. 3276 
[Report No. 111–120] 
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. 
JANUARY 28, 2010 
Reported with amendments 
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