March 25, 2003
United States Senate
Hart Senate Office Building Room 112
Washington, D.C. 20510
Re: Schumer Amendment
Dear Senator Boxer:
The California Chapter of the American College of Nuclear Physicians
(ACNP-CA) wishes to call to your attention an important U.S. national
health security issue. This problem could potentially jeopardize the
supply of key medical isotopes from Canada and Western Europe used
to treat and/or diagnose 15 million patients annually in the United States.
Approximately 1.5 million of these procedures are performed in California.
In addition, the radionuclides produced in Canada and Western Europe are
made into radiopharmaceuticals to treat patients in countries other than the
United States.
Our membership works in hospitals and clinics that rely upon a stable supply of medical radionuclides produced by nuclear non-power reactors in Canada and Western Europe. In order to produce these medical radionuclides, these reactors must have access to highly enriched uranium (HEU) targets supplied by the United States Department of Energy (USDOE). I am concerned, however, that HEU export criteria established by Congress in 1992 in an amendment to the Atomic Energy Act (known as the Schumer Amendment) may have the unintended effect of disrupting the reliable supply of medical radionuclides. This is because their production currently depends upon irradiation and processing of proven HEU targets by Canadian and Western European reactors.
As a result of the changes brought about by the Schumer Amendment, which applies requirements for the export of highly enriched uranium, the U.S. Executive Branch and the NRC are forced to apply vague standards that should not be applicable to HEU exports for such limited and important purposes as the production of medical radionuclides. The negative result is lengthy NRC licensing proceedings and annual reviews that often delay and jeopardize exports of HEU to produce radionuclides for medical purposes. Significantly, since it was not drafted with medical uses of HEU in mind, the Schumer Amendment does not recognize that radionuclides cannot be stockpiled because of their rapid rates of decay (Mo-99, for example, has a half life of only 66 hours). In addition, it does not recognize the substantial technical, regulatory and economic obstacles to converting reactors and processing facilities to use lowly enriched uranium (LEU) targets rather than the HEU targets for which they were designed. And, the Schumer Amendment does not recognize the greatly increased volume of high-level radioactive waste that results from the processing of LEU rather than HEU targets to produce medical radionuclides, and the increased cost that that implies.
We join the Society of Nuclear Medicine in urging you to support a proposed legislative amendment to clarify the current interpretation of the Schumer Amendment in the Atomic Energy Act (AEA). This would prevent a disruption in the supply of vital medical radionuclides used in the effective diagnosis and treatment of patients who suffer illnesses including coronary artery disease, pulmonary blood clots, bone abnormalities, infections, cancer, AIDS, and kidney diseases. The average American receives about four nuclear medicine procedures during his/her lifetime, so this problem affects the entire nation.
Thank you for your attention and consideration of this matter. Please feel free to contact us should you have any questions.
Sincerely,
Carol S. Marcus, Ph.D., M.D.
President, ACNP-CA
D:\My Documents D\ACNP-CA Boxer ltr re Schumer Amend. 03-25-03.doc