H. R. 4310—576 
‘‘(2) Any member or official of the National Security 
Council. 
‘‘(3) Any member or official of the Joint Chiefs of Staff. 
‘‘(4) Any official of the Office of Management and Budget.’’. 
(c) CLERICAL AMENDMENT.—The table of contents at the begin-
ning of the Atomic Energy Defense Act is amended by inserting 
after the item relating to section 4217, as added by section 3162(b), 
the following new item: 
‘‘Sec. 4218. Advice to President and Congress regarding safety, security, and reli-
ability of United States nuclear weapons stockpile.’’. 
SEC. 3165. PILOT PROGRAM ON TECHNOLOGY COMMERCIALIZATION. 
(a) PILOT PROGRAM.—The Secretary of Energy, in consultation 
with the Technology Transfer Coordinator appointed under section 
1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), 
may carry out a pilot program at a national security laboratory 
for the purpose of accelerating technology transfer from such labora-
tories to the marketplace with respect to technologies that directly 
advance the mission of the National Nuclear Security Administra-
tion. 
(b) TERMINATION.—The authority to carry out the pilot program 
under subsection (a) shall terminate on the date that is two years 
after the date of the enactment of this Act. 
(c) REPORTS.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit to 
the appropriate congressional committees a report on the pilot 
program under subsection (a). 
(2) ELEMENTS.—The report under paragraph (1) shall 
include the following: 
(A) An identification of opportunities for accelerating 
technology transfer from national security laboratories to 
the marketplace. 
(B) If the Secretary chooses to carry out the pilot 
program under subsection (a), a description of the plan 
to carry out such program. 
(C) If the Secretary chooses not to carry out the pilot 
program under subsection (a), a description of why the 
program will not be carried out. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional committees’’ means 
the following: 
(A) The Committees on Armed Services of the Senate 
and House of Representatives. 
(B) The Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Science, Space, and Technology of the House of Representa-
tives. 
(C) The Committee on Energy and Natural Resources 
of the Senate and the Committee on Energy and Commerce 
of the House of Representatives. 
(2) The term ‘‘national security laboratory’’ has the meaning 
given that term in section 3281 of the National Nuclear Security 
Administration Act (50 U.S.C. 2471).
H. R. 4310—577 
SEC. 3166. CONGRESSIONAL ADVISORY PANEL ON THE GOVERNANCE 
OF THE NUCLEAR SECURITY ENTERPRISE. 
(a) ESTABLISHMENT.—There is established a congressional 
advisory panel to be known as the ‘‘Congressional Advisory Panel 
on the Governance of the Nuclear Security Enterprise’’ (in this 
section referred to as the ‘‘advisory panel’’). The purpose of the 
advisory panel is to examine options and make recommendations 
for revising the governance structure, mission, and management 
of the nuclear security enterprise. 
(b) COMPOSITION AND MEETINGS.— 
(1) MEMBERSHIP.—The advisory panel shall be composed 
of 12 members appointed as follows: 
(A) Two by the chairman of the Committee on Armed 
Services of the House of Representatives. 
(B) Two by the ranking minority member of the Com-
mittee on Armed Services of the House of Representatives. 
(C) Two by the chairman of the Committee on Armed 
Services of the Senate. 
(D) Two by the ranking minority member of the Com-
mittee on Armed Services of the Senate. 
(E) One by the Speaker of the House of Representa-
tives. 
(F) One by the minority leader of the House of Rep-
resentatives. 
(G) One by the majority leader of the Senate. 
(H) One by the minority leader of the Senate. 
(2) CO-CHAIRMEN.—Two members of the advisory panel 
shall serve as co-chairmen of the advisory panel. The co-chair-
men shall be designated as follows: 
(A) The chairman of the Committee on Armed Services 
of the House of Representatives and the ranking minority 
member of the Committee on Armed Services of the Senate, 
in consultation with the Speaker of the House of Represent-
atives and the minority leader of the Senate, shall jointly 
designate one member of the advisory panel to serve as 
co-chairman of the advisory panel. 
(B) The chairman of the Committee on Armed Services 
of the Senate and the ranking minority member of the 
Committee on Armed Services of the House of Representa-
tives, in consultation with the majority leader of the Senate 
and the minority leader of the House of Representatives, 
shall jointly designate one member of the advisory panel 
to serve as co-chairman of the advisory panel. 
(3) SECURITY
CLEARANCE
REQUIRED.—Each individual 
appointed as a member of the advisory panel shall possess 
(or have recently possessed before the date of such appointment) 
the appropriate security clearance necessary to carry out the 
duties of the advisory panel. 
(4) PERIOD OF APPOINTMENT; VACANCIES.—Each member 
of the advisory panel shall be appointed for the life of the 
advisory panel. Any vacancy in the advisory panel shall be 
filled in the same manner as the original appointment. 
(5) MEETINGS.—The advisory panel shall commence its first 
meeting by not later than March 1, 2013, so long as at least 
two members have been appointed under paragraph (1) by 
such date. 
(c) COOPERATION FROM GOVERNMENT.—
H. R. 4310—578 
(1) COOPERATION.—The advisory panel shall receive the 
full and timely cooperation of the Secretary of Defense, the 
Secretary of Energy, and any other Federal official in providing 
the advisory panel with analyses, briefings, and other informa-
tion, including access to classified information, necessary for 
the advisory panel to carry out its duties under this section. 
With respect to access to classified information, the Director 
of National Intelligence may determine which information is 
necessary under this paragraph. 
(2) LIAISON.—The following heads of Federal agencies shall 
each designate at least one officer or employee of the respective 
agency to serve as a liaison officer between the agency and 
the advisory panel: 
(A) The Secretary of State. 
(B) The Secretary of Defense. 
(C) The Secretary of Energy. 
(D) The Secretary of Homeland Security. 
(E) The Director of National Intelligence. 
(d) REPORTS REQUIRED.— 
(1) INTERIM REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the advisory panel shall 
submit to the President, the Secretary of Defense, the Secretary 
of Energy, the Committees on Armed Services and Energy 
and Natural Resources of the Senate, and the Committees 
on Armed Services and Energy and Commerce of the House 
of Representatives an interim report on the initial findings, 
conclusions, and recommendations of the advisory panel. To 
the extent practicable, the interim report shall address the 
matters described in paragraph (2) and focus on the immediate, 
near-term actions the advisory panel recommends be taken. 
(2) REPORT.—Not later than February 1, 2014, the advisory 
panel shall submit to the President, the Secretary of Defense, 
the Secretary of Energy, the Committees on Armed Services 
and Energy and Natural Resources of the Senate, and the 
Committees on Armed Services and Energy and Commerce 
of the House of Representatives a report on the findings, conclu-
sions, and recommendations of the advisory panel. The report 
shall include the following: 
(A) An assessment of each option considered by the 
advisory panel for revising the governance structure, mis-
sion, and management of the nuclear security enterprise, 
including the advantages, disadvantages, costs, risks, and 
benefits of each such option. 
(B) The recommendation of the advisory panel with 
respect to the most appropriate governance structure, mis-
sion, and management of the nuclear security enterprise. 
(C) Recommendations of the advisory panel with 
respect to— 
(i) the appropriate missions of the nuclear security 
enterprise, including how complementary missions 
should be managed while ensuring focus on core mis-
sions; 
(ii) the organization and structure of the nuclear 
security enterprise and the Federal agency responsible 
for such enterprise;
H. R. 4310—579 
(iii) the roles, responsibilities, and authorities of 
Federal agencies, Federal officials, the national secu-
rity laboratories and nuclear weapons production facili-
ties, and the directors of such laboratories and facili-
ties, including mechanisms for holding such officials 
and directors accountable; 
(iv) the allocation of roles and responsibilities with 
respect to the mission, operations, safety, and security 
of the nuclear security enterprise; 
(v) the relationships among the Federal agency 
responsible for the nuclear security enterprise and the 
National Security Council, the Nuclear Weapons 
Council, the Department of Energy, the Department 
of Defense, and other Federal agencies; 
(vi) the interagency planning, programming, and 
budgeting process for the nuclear security enterprise; 
(vii) the appropriate means for managing and over-
seeing the nuclear security enterprise, including the 
role of federally funded research and development cen-
ters, the role and impact of various contracting and 
fee structures, the appropriate role of contract competi-
tion and nonprofit and for-profit contractors, and the 
use of performance-based and transactional oversight; 
(viii) the appropriate means for ensuring the 
health of the intellectual capital of the nuclear security 
enterprise, including recruitment and retention of per-
sonnel and enhancement of a robust professional cul-
ture of excellence; 
(ix) the appropriate means for ensuring the health 
and sustainment of the critical capabilities and phys-
ical infrastructure of the nuclear security enterprise; 
(x) infrastructure, rules, regulations, best prac-
tices, standards, and appropriate oversight mecha-
nisms to ensure robust protection of the health and 
safety of workers and the public while also providing 
such workers the ability to effectively and efficiently 
carry out their mission; 
(xi) the appropriate congressional committee struc-
ture for oversight of the nuclear security enterprise; 
(xii) the length of the terms and suggested quali-
fications for senior officials of the Federal agency 
responsible for the nuclear security enterprise; 
(xiii) 
contracting, 
budget 
planning, 
program 
management, and regulatory changes to reduce the 
cost of programs and administration without eroding 
mission effectiveness or requirements and ensuring 
robust protection of the health and safety of workers 
and the public; and 
(xiv) statutory, regulatory, and policy changes nec-
essary for implementing the recommendations of the 
advisory panel. 
(D) An assessment of if and how the recommendations 
of the advisory panel will lead to greater mission focus 
and more effective and efficient program management for 
the nuclear security enterprise.
H. R. 4310—580 
(E) Any other information or recommendations relating 
to the future of the nuclear security enterprise that the 
advisory panel considers appropriate. 
(e) FUNDING.—Of the amounts authorized to be appropriated 
by this Act or otherwise made available for fiscal year 2013 for 
the Department of Defense, not more than $3,000,000 shall be 
made available to the advisory panel to carry out this section. 
(f) TERMINATION.—The advisory panel shall terminate not later 
than June 1, 2014. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘national security laboratory’’ has the meaning 
given that term in section 4002(6) of the Atomic Energy Defense 
Act, as amended by section 3131(a). 
(2) The term ‘‘nuclear security enterprise’’ has the meaning 
given that term in section 4002(5) of the Atomic Energy Defense 
Act, as amended by section 3131(a). 
(3) The term ‘‘nuclear weapons production facility’’ has 
the meaning given that term in section 4002(7) of the Atomic 
Energy Defense Act, as amended by section 3131(a). 
Subtitle F—American Medical Isotopes 
Production 
SEC. 3171. SHORT TITLE. 
This subtitle may be cited as the ‘‘American Medical Isotopes 
Production Act of 2012’’. 
SEC. 3172. DEFINITIONS. 
In this subtitle: 
(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 ura-
nium’’ means uranium enriched to less than 20 percent in 
the isotope U–235. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Energy. 
SEC. 3173. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISO-
TOPE SUPPLY. 
(a) MEDICAL ISOTOPE DEVELOPMENT PROJECTS.— 
(1) IN GENERAL.—The Secretary shall carry out a tech-
nology-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 evaluated against the fol-
lowing primary criteria:
H. R. 4310—581 
(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 molyb-
denum-99 for medical uses. 
(C) The capability of the proposed project to produce 
molybdenum-99 in a cost-effective manner. 
(D) 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 and make recommendations to improve 
program effectiveness. 
(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 con-
tracts, for irradiation for the production of molybdenum-99 
for medical uses. 
(2) TITLE.—The lease contracts shall provide for the pro-
ducers 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, proc-
essing, or purification of uranium leased under this 
section for the production of medical isotopes; and
H. R. 4310—582 
(ii) to take title to and be responsible for the final 
disposition of radioactive waste created by the irradia-
tion, 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, appro-
priately 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 respon-
sible 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 deter-
mine the net present value of costs described in subpara-
graph (A)(ii) shall be not greater than the average interest 
rate on marketable Treasury securities. 
(5) AUTHORIZED USE OF FUNDS.—Subject to the availability 
of appropriations, 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 car-
rying out the activities authorized by this subtitle, 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 Depart-
ment 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 Depart-
ment 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 dupli-
cate each review. 
(e) OPERATIONAL DATE.—The Secretary shall establish a pro-
gram 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
H. R. 4310—583 
low-level radioactive waste if the material is acceptable under Fed-
eral requirements for disposal as low-level radioactive waste. 
SEC. 3174. 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. MEDICAL PRODUCTION LICENSE SUNSET.—Effective 7 years 
after the date of enactment of the American Medical Isotopes 
Production Act of 2012, 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. MEDICAL PRODUCTION LICENSE EXTENSION.—The period 
referred to in subsection c. 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 2012, the Sec-
retary 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 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 ura-
nium for the purposes of medical isotope production is the 
most effective temporary means to increase the supply of molyb-
denum-99 to the domestic United States market. 
‘‘e. PUBLIC NOTICE.—To ensure public review and comment, 
the development of the certification described in subsection d. shall 
be carried out through announcement in the Federal Register. 
‘‘f. JOINT CERTIFICATION.— 
‘‘(1) IN GENERAL.—In accordance with paragraph (2), the 
ban on the export of highly enriched uranium for purposes 
of medical isotope production referred to in subsections c. and 
d. shall not go into effect unless the Secretary of Energy and 
the Secretary of Health and Human Services have jointly cer-
tified that— 
‘‘(A) there is a sufficient supply of molybdenum-99 
produced without the use of highly enriched uranium avail-
able to meet the needs of patients in the United States; 
and 
‘‘(B) it is not necessary to export United States-origin 
highly enriched uranium for the purposes of medical isotope 
production in order to meet United States patient needs. 
‘‘(2) TIME OF CERTIFICATION.—The joint certification under 
paragraph (1) shall be made not later than 7 years after the 
date of enactment of the American Medical Isotopes Production 
Act of 2012, except that, if the period referred to in subsection 
c. is extended under subsection d., the 7-year deadline under 
this paragraph shall be extended by a period equal to the 
period of such extension under subsection d. 
‘‘g. SUSPENSION
OF MEDICAL PRODUCTION LICENSE.—At any 
time after the restriction of export licenses provided for in sub-
section c. 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
H. R. 4310—584 
for the purposes of medical isotope production is the only effec-
tive 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. 
‘‘h. DEFINITIONS.—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. 3175. 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 Con-
gress 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 ade-
quately protects against theft and unauthorized access. 
SEC. 3176. 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: 
‘‘a. The Commission may issue a license, or grant an amend-
ment 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 that can be used in that reactor; and