S.Amdt. 1223Senate112th Congress (2011-2013)

To improve the bill.

Text

Proposed

Proposed · Nov 18, 2011 Submitted · Nov 17, 2011

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

AMERICAN MEDICAL ISOTOPES PRODUCTION ACT OF 2011

Mr. LEVIN. Mr. President, I now ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 53, S. 99.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:

A bill (S. 99) 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.

There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Energy and
Natural Resources, with an amendment to strike all after the
enacting clause and insert in lieu thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``American Medical Isotopes
Production Act of 2011''.

SEC. 2. DEFINITIONS.

In this Act:
(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
uranium'' means uranium enriched to less than 20 percent in
the isotope U-235.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.

SEC. 3. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISOTOPE
SUPPLY.

(a) Medical Isotope Development Projects.--
(1) In general.--The Secretary 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 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 judged against the
following primary criteria:
(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
molybdenum-99 for medical uses.
(C) 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.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for carrying out the
program under paragraph (1) $143,000,000 for the period
encompassing fiscal years 2011 through 2014.
(b) Development Assistance.--The Secretary shall establish
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 contracts,
for irradiation for the production of molybdenum-99 for
medical uses.
(2) Title.--The lease contracts shall provide for the
producers 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, processing, or
purification of uranium

[[Page S7779]]

leased under this section for the production of medical
isotopes; and
(ii) to take title to and be responsible for the final
disposition of radioactive waste created by the irradiation,
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,
appropriately 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 responsible
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 determine the
net present value of costs described in subparagraph (A)(ii)
shall be not greater than the average interest rate on
marketable Treasury securities.
(5) Authorized use of funds.--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 carrying out the activities authorized by
this Act, 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 Department
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 Department
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
duplicate each review.
(e) Operational Date.--The Secretary shall establish a
program 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 low-level radioactive waste if the
material is acceptable under Federal requirements for
disposal as low-level radioactive waste.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary $5,000,000 for the
establishment of a program for the final disposition of spent
nuclear fuel and radioactive waste for which the Department
is responsible under subsection (c).

SEC. 4. 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. Effective 7 years after the date of enactment of the
American Medical Isotopes Production Act of 2011, 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. The period referred to in subsection b. 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 2011, 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 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
uranium for the purposes of medical isotope production is the
most effective temporary means to increase the supply of
molybdenum-99 to the domestic United States market.
``e. To ensure public review and comment, the development
of the certification described in subsection c. shall be
carried out through announcement in the Federal Register.
``f. 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 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 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 enacts a Joint Resolution approving the
temporary suspension of the restriction of export licenses.
``g. 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. 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 Commission,
after consulting with other relevant agencies, shall submit
to the Congress 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
adequately protects against theft and unauthorized 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:
``Sec. 112. Domestic Medical Isotope Production.--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-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 assurances that, whenever an
alternative medical isotope production target can be used in
that reactor, 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 production
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 Reduced
Enrichment Research and Test Reactor Program of the
Department of Energy; and
``(B) use of the 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;
``(3) the term `highly enriched uranium' means uranium
enriched to 20 percent or more in the isotope U-235; 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.''.
(b) Table of Contents.--The table of contents for the
Atomic Energy Act of 1954 is amended by inserting the
following new item at the end of the items relating to
chapter 10 of title I:

``Sec. 112. Domestic medical isotope production.''.

SEC. 7. ANNUAL DEPARTMENT REPORTS.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter for 5 years,
the Secretary shall report to Congress on Department actions
to support the production in the United States, without the
use of highly enriched uranium, of molybdenum-99 for medical
uses.
(b) Contents.--The reports shall include the following:
(1) For medical isotope development projects--
(A) the names of any recipients of Department support under
section 3;
(B) the amount of Department 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); and
(F) the ultimate use of any Department funds used to
support projects under section 3.
(2) A description of actions taken in the previous year by
the Secretary to ensure the safe disposition of spent nuclear
fuel and radioactive waste for which the Department is
responsible under section 3(c).

[[Page S7780]]

SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT.

(a) In General.--The Secretary shall enter into an
arrangement with the National Academy of Sciences to conduct
a study of the state of molybdenum-99 production and
utilization, to be provided to Congress not later than 5
years after the date of enactment of this Act.
(b) Contents.--The report shall include the following:
(1) For molybdenum-99 production--
(A) a list of all facilities in the world producing
molybdenum-99 for medical uses, including 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, including--
(i) whether any new production was brought online;
(ii) whether any facilities halted production unexpectedly;
and
(iii) whether any facilities used for production were
decommissioned or otherwise 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
isotopes that have been produced with 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
and others to eliminate all worldwide use of highly enriched
uranium in reactor fuel, reactor targets, and medical isotope
production facilities.

SEC. 9. BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Mr. LEVIN. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be considered, the Bingaman amendment,
which is at the desk, be agreed to, the committee-reported amendment,
as amended, be agreed to, the bill, as amended, be read a third time,
and the budgetary pay-go statement at the desk be read.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 1223) was agreed to, as follows:

On page 15, line 14, strike ``establish'' and insert
``carry out''.
On page 17, strike lines 15 through 19.
On page 17, line 21, strike ``establish'' and insert
``carry out''.
On page 21, strike lines 12 through 16.
On page 29, after line 23, add the following:

SEC. 9. REPEAL.

The Nuclear Safety Research, Development, and Demonstration
Act of 1980 (42 U.S.C. 9701 et seq.) is repealed.
On page 30, line 1, strike ``9'' and insert ``10''.

The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill, as amended, was ordered to be engrossed for a third reading
and was read the third time.
The PRESIDING OFFICER. The clerk will read the pay-go statement.
The bill clerk read as follows:

Mr. Conrad: This is the Statement of Budgetary Effects of
PAYGO Legislation for S. 99 as amended.

Total Budgetary Effects of S. 99 for the 5-year Statutory
PAYGO Scorecard: $0.
Total Budgetary Effects of S. 99 for the 10-year Statutory
PAYGO Scorecard: $0.

Also submitted for the Record as part of this statement is
a table prepared by the Congressional Budget Office, which
provides additional information on the budgetary effects of
this Act, as follows:

CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR S. 99, THE AMERICAN MEDICAL ISOTOPES PROTECTION ACT OF 2011, AS REPORTED BY THE SENATE COMMITTEE
ON ENERGY AND NATURAL RESOURCES ON MAY 18, 2011, AND WITH A SUBSEQUENT AMENDMENT PROVIDED TO CBO ON NOVEMBER 17, 2011
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2012-2016 2012-2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
Net Increase or Decrease (-) in the Deficit

Statutory Pay-As-You-Go Impact.......... 0 0 0 0 0 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
S. 99 would direct the Secretary of Energy to lease low-enriched uranium to producers of molybdenum-99. CBO estimates that enacting S. 99 would affect
receipts generated from such resources, but that any net changes to such receipts would be negligible in any given year.
Source: Congressional Budget Office.

Mr. LEVIN. Mr. President, I ask unanimous consent that the bill, as
amended, be passed, the motions to reconsider be laid upon the table
with no intervening action or debate, and that any related statements
be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 99), as amended, was passed, as follows:

S. 99

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``American Medical Isotopes
Production Act of 2011''.

SEC. 2. DEFINITIONS.

SEC. 3. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL ISOTOPE
SUPPLY.

(a) Medical Isotope Development Projects.--
(1) In general.--The Secretary shall carry out 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 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 judged against the
following primary criteria:
(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
molybdenum-99 for medical uses.
(C) 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.
(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 contracts,
for irradiation for the production of molybdenum-99 for
medical uses.
(2) Title.--The lease contracts shall provide for the
producers 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, processing, or
purification of uranium leased under this section for the
production of medical isotopes; and
(ii) to take title to and be responsible for the final
disposition of radioactive waste

[[Page S7781]]

created by the irradiation, 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,
appropriately 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 responsible
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 determine the
net present value of costs described in subparagraph (A)(ii)
shall be not greater than the average interest rate on
marketable Treasury securities.
(5) Authorized use of funds.--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 carrying out the activities authorized by
this Act, 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 Department
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 Department
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
duplicate each review.
(e) Operational Date.--The Secretary shall establish a
program 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 low-level radioactive waste if the
material is acceptable under Federal requirements for
disposal as low-level radioactive waste.

SEC. 4. EXPORTS.

SEC. 5. REPORT ON DISPOSITION OF EXPORTS.

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:
``Sec. 112. Domestic Medical Isotope Production.--
``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-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 assurances that, whenever an
alternative medical isotope production target can be used in
that reactor, 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 production
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 Reduced
Enrichment Research and Test Reactor Program of the
Department of Energy; and
``(B) use of the 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;
``(3) the term `highly enriched uranium' means uranium
enriched to 20 percent or more in the isotope U-235; 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.''.
(b) Table of Contents.--The table of contents for the
Atomic Energy Act of 1954 is amended by inserting the
following new item at the end of the items relating to
chapter 10 of title I:

``Sec. 112. Domestic medical isotope production.''.

SEC. 7. ANNUAL DEPARTMENT REPORTS.

[[Page S7782]]

(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); and
(F) the ultimate use of any Department funds used to
support projects under section 3.
(2) A description of actions taken in the previous year by
the Secretary to ensure the safe disposition of spent nuclear
fuel and radioactive waste for which the Department is
responsible under section 3(c).

SEC. 8. NATIONAL ACADEMY OF SCIENCES REPORT.

SEC. 9. REPEAL.

The Nuclear Safety Research, Development, and Demonstration
Act of 1980 (42 U.S.C. 9701 et seq.) is repealed.

SEC. 10. BUDGETARY EFFECTS.

____________________

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Senate amendment submitted

November 17, 2011

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Senate amendment submitted

November 17, 2011

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Senate amendment agreed to: Amendment SA 1223 agreed to in Senate by Unanimous Consent.

November 17, 2011

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Senate amendment proposed (on the floor): Amendment SA 1223 proposed by Senator Levin for Senator Bingaman.(consideration: CR S7780; text: CR S7780)

November 17, 2011

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Amendment SA 1223 proposed by Senator Levin for Senator Bingaman. (consideration: CR S7780; text: CR S7780) To improve the bill.

November 17, 2011

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Amendment SA 1223 agreed to in Senate by Unanimous Consent.

November 17, 2011