Kyl and Schumer move to monitor uranium exports

Decision Brief     No. 05-D 30                                                                 2005-06-20

(Washington, D.C.): Tomorrow, Senators Jon Kyl (R-AZ) and Chuck Schumer (D-NY) will offer an amendment to the Energy bill that would prevent the weakening of export controls on nuclear-weapons grade, highly enriched uranium. In order to ensure such material does not inadvertently fall into the hands of our enemies, it is imperative that this amendment be adopted.

It Ain’t Broke

Current law is aimed at phasing out U.S. exports of highly enriched uranium (HEU) precisely to reduce the risk of the material being stolen or diverted by proliferating states for nuclear weapons production. Thus, it reasonably bars the export of HEU for use as reactor fuel or as targets to produce medical isotopes except on an interim basis to recipients who provide assurances that an alternative nuclear fuel or target will be used in their facilities whenever possible.

If enacted in its current form, Section 621 of this year’s Energy bill, by contrast, would allow foreign companies to receive U.S. HEU for use in medical isotope production without having to move toward a low-enriched uranium (LEU) target, even if it is technically feasible for them to do so.

Supporters of the new language contend that weakening current law is needed to ensure the continued supply of medical isotopes to the United States. As explained by Alan Kuperman in a June 20 article distributed by National Review Online, however, there is no evidence of an impending shortage. It is worth noting, moreover, that no company has ever been denied an export license for HEU to be used in medical isotope production under current law which has, moreover, created incentives for countries to begin to convert to LEU.

The Bottom Line

In an age in which terrorists are fervently pursuing nuclear material to use in an attack on the United States, it is entirely irresponsible – and potentially lethal – to dilute anti-proliferation measures. The bipartisan Schumer-Kyl amendment, therefore, offers the most prudent path forward. While striking Section 621 from the bill, it would also require a study to examine, among other things, the likely consequences with respect to nonproliferation and antiterrorism initiatives of removing current restrictions.

It would be a tremendous disservice to this country if Senators were to put at risk the lives of millions of Americans to enrich a few manufacturers. The Kyl-Schumer amendment places proper emphasis on shoring up the Nation’s counter-proliferation policies and protecting its vital interests.