Addition of a new Section 4030 to Subtitle B of Title IV

Sec. 4030 Medical Isotope Production

Amendment of Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d).Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) is amended ---

(1) by redesignating section 134b., (42 U.S.C. 2160d(b)) as 134e. (42 U.S.C. 2160d(e))

(2) by inserting after section 134a. (42 U.S.C. 2160d(a)) the following :

b. The Commission may issue a license authorizing the export (including shipment to and use at intermediate and ultimate consignees specified in the license) to Canada, Belgium, France, Germany, and the Netherlands (each a Recipient Country) of highly enriched uranium for medical isotope production if, in addition to any other requirements of this Act, the Commission determines that - - -

(1) A Recipient Country that supplies an assurance letter to the U.S. Government in connection with the Commissions consideration of the export license application has informed the U.S. Government that any intermediate consignees and the ultimate consignee specified in the application are required to use such highly enriched uranium solely to produce medical isotopes; and

(2) The highly enriched uranium for medical isotope production will be irradiated only in a reactor in a Recipient Country that (a) uses an alternative nuclear reactor fuel; or (b) is the subject of an agreement with the U.S. Government to convert to an alternative nuclear reactor fuel when such fuel can be used in that reactor;

c. Applications to the Commission for licenses authorizing the export to a Recipient Country of highly enriched uranium for medical isotope production shall be subject to section 134b., and section 134a. shall not be applicable to such exports;

d. The Commission is authorized to specify, by rulemaking or decision in connection with an export license application, that a country other than a Recipient Country specified in subsection b (Additional Country) may receive exports of highly enriched uranium for medical isotope production in accordance with the same criteria established by subsection b for exports to a Recipient Country, upon the Commissions finding that such Additional Country is a party to the Treaty on the Nonproliferation of Nuclear Weapons and the Convention on the Physical Protection of Nuclear Material and will receive such highly enriched uranium pursuant to an agreement with the United States concerning peaceful uses of nuclear energy.

e. The Commission shall review the adequacy of physical protection requirements that are currently applicable to the transportation of highly enriched uranium for medical isotope production,. If it determines that additional physical protection measures are necessary, including any limits that the Commission finds are necessary on the quantity of highly enriched uranium contained in a single shipment for medical isotope production, the Commission shall impose such requirements, as license conditions or through other appropriate means.

(3) By adding the following to subsection e.:

e. As used in this section - - -

(4) The term medical isotopes means radioactive isotopes, including, but not limited to, Molybdenum 99, Iodine 131 and Xenon 133, that are used to produce radiopharmaceuticals for diagnostic or therapeutic procedures on patients, or in connection with research and development of radiopharmaceuticals;

(5) The term highly enriched uranium for medical isotope production means highly enriched uranium contained in, or for use in, targets to be irradiated for the sole purpose of producing medical isotopes; and

(6) The term radiopharmaceuticals means radioactive isotopes containing byproduct material combined with chemical or biological material that are designed to accumulate temporarily in a part of the body, for therapeutic purposes or for enabling the production of a useful image of the appropriate body organ or function for use in diagnosis of medical conditions.