I 

109TH CONGRESS 

1ST SESSION H. R. 1291

To require the Secretaries of Health and Human Services, Defense, and 

Homeland Security to carry out activities toward bringing to market 

effective medical countermeasures to radiation from a nuclear or radiological attack. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2005

Mr. ISSA (for himself, Mrs. DAVIS of California, and Mr. SESSIONS) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committees on Armed Services 

and Homeland Security, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To require the Secretaries of Health and Human Services, 

Defense, and Homeland Security to carry out activities 

toward bringing to market effective medical countermeasures to radiation from a nuclear or radiological attack.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Radioprotectant Pro5 curement Act of 2005’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds as follows: 

3 (1) The threat of a radiological or nuclear at4 tack on the American people is one of the greatest 

5 potential threats now faced by the United States, 

6 considering the potential number of deaths, injuries, 

7 illnesses and economic devastation such an attack on 

8 American civilians or military personnel could have. 

9 (2) There are at least 30,000 known nuclear 

10 weapons deployed around the world today and the 

11 proliferation of nuclear weapons technology con12 tinues to pose an enormous threat to the United 

13 States, its people, and its interests and allies around 

14 the world. 

15 (3) Even a crude radiological weapon, using 

16 conventional explosives combined with widely avail17 able radiological materials, could cause death, radi18 ation sickness, and widespread panic and economic 

19 hardship if detonated in an urban center of the 

20 United States, and such an attack would dramati21 cally strain our public health resources. 

22 (4) Numerous government and private studies, 

23 including the findings of several leading medical 

24 journals, have concluded that a nuclear weapon deto25 nated in a large urban center would cause wide26 spread death, sickness, and physical and economic 
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1 damage. For example, in February 2002, the British 

2 Medical Journal estimated that a 12.5 kiloton nu3 clear bomb (approximately the size of the bomb used 

4 at Hiroshima), if detonated in New York City, would 

5 cause 50,000 immediate deaths, 200,000 short-term 

6 deaths from high-exposure radiation injury, and 

7 700,000 cases of radiation sickness. 

8 (5) There are 103 nuclear power plants in the 

9 United States, each with the potential to expose area 

10 residents to high levels of radiation in the event of 

11 a successful attack. 

12 (6) For potentially stockpiled radioprotectants 

13 to be most effective, they must be administered soon 

14 after exposure to radiation, so the procurement of a 

15 radioprotectant must be large enough and located in 

16 enough regions of the country to facilitate the rapid 

17 treatment of the hundreds of thousands and poten18 tially millions of Americans who would be exposed to 

19 radiation, as well as the many ‘‘worried well’’ who 

20 will flood emergency rooms should a nuclear or radi21 ological attack or large accident occur. 

22 (7) Considering the need to rapidly administer 

23 a radioprotectant, Federal procurement of an effec24 tive radioprotectant should be comparable to stock-
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1 piles of other drugs designed to counter the effects 

2 of chemical or biological agents. 

3 (8) Current treatment options for acute radi4 ation exposure are wholly inadequate, with potas5 sium iodide being the only widely stockpiled counter6 measure currently available. This treatment protects 

7 against the long-term risk of thyroid cancer, and 

8 does nothing to counteract short-term radiation sick9 ness and possible death within the first 30 days of 

10 exposure. 

11 (9) Effective medical countermeasures to both 

12 acute and long-term exposure of radiation are pres13 ently in development at the Armed Forces 

14 Radiobiology Research Institute (‘‘AFRRI’’) and 

15 among pharmaceutical companies, including at least 

16 one compound that has demonstrated efficacy in 

17 preventing radiation sickness and death caused by 

18 the destruction of bone marrow from acute radiation 

19 exposure. 

20 (10) While the Departments of Health and 

21 Human Services, Homeland Security, and Defense 

22 are appropriately dedicating substantial resources to 

23 the development and procurement of counter24 measures to biological threats, including smallpox 

25 and anthrax vaccines, few resources to date have 
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1 been dedicated to bring to market and procure one 

2 or more effective, whole-body radioprotectants. 

3 (11) In enacting the Homeland Security Act of 

4 2002, it was and is the intent of Congress that the 

5 development and procurement of radiological and 

6 nuclear countermeasures be given full and appro7 priate consideration and dedication of resources. 

8 (12) The Department of Health and Human 

9 Services has issued a request for information about 

10 radioprotectants to treat acute radiation sickness 

11 (‘‘ARS’’). The Department should move forward 

12 with all due haste to procure countermeasures 

13 against ARS and other major health consequences of 

14 acute radiation exposure. 

15 SEC. 3. AMENDMENT TO THE HOMELAND SECURITY ACT OF 

16 2002. 

17 Section 304 of the Homeland Security Act of 2002 

18 (6 U.S.C. 184; Public Law 107–296) is amended by add19 ing at the end the following subsection: 

20 ‘‘(d) DEVELOPMENT AND PROCUREMENT OF RADI21 ATION MEDICAL COUNTERMEASURES.—For the purpose 

22 of rapidly developing, bringing to market, and procuring 

23 whole-body radioprotectants, the Secretaries of Health 

24 and Human Services, Homeland Security, and Defense 

25 shall utilize and expend such funds as may be necessary, 
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1 including funds appropriated by Congress, and not other2 wise prohibited from being used for such purpose, under 

3 the appropriations headings ‘Public Health Programs’, 

4 ‘Strategic National Stockpile’, ‘Nuclear and Radiological 

5 Countermeasures’, ‘Biodefense Countermeasures’, ‘Re6 search, Development, Acquisition and Operations’, ‘Bio7 logical Countermeasures’, and ‘Chem-Bio Defense Initia8 tive’, as well as relevant departmental and subagency oper9 ations budgets, subject to the appropriations Act in10 volved.’’. 

11 SEC. 4. REPORT REGARDING EFFECTIVE 

12 RADIOPROTECTANTS; DEVELOPMENT AND 

13 PROCUREMENT. 

14 (a) REPORT.—Not later than 30 days after the date 

15 of the enactment of this Act, the Secretary of Homeland 

16 Security (referred to in this section as the ‘‘Secretary’’) 

17 shall, in consultation with the Secretary of Health and 

18 Human Services and the Secretary of Defense, submit to 

19 the Congress a report providing a determination by the 

20 Secretary of—

21 (1) the scope and nature of the threat of a nu22 clear or radiological attack against the United 

23 States; and 
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1 (2) the current and potential future availability 

2 of effective radioprotectant medical countermeasures 

3 against—

4 (A) acute radiation sickness; 

5 (B) DNA mutagenasis; and 

6 (C) other major health consequences of 

7 acute radiation exposure. 

8 (b) DEVELOPMENT AND PROCUREMENT.—

9 (1) IN GENERAL.—If in carrying out subsection 

10 (a) the Secretary determines that one or more effec11 tive radioprotectants are currently available, or may 

12 become available within a reasonable amount of 

13 time, then not later than 60 days after the submis14 sion of the report under such subsection, the Sec15 retary shall enter into one or more agreements with 

16 one or more private companies for the development 

17 and procurement of one or more effective, safe, sta18 ble, and low-cost radioprotectants, subject to the 

19 availability of funds under an appropriations Act. 

20 (2) ADEQUATE PROTECTION.—An agreement 

21 under paragraph (1) shall provide for the procure22 ment and stockpiling of enough dose regimens of the 

23 radioprotectants involved to provide for adequate 

24 protection of the people of the United States, includ25 ing adequate response to a multi-location attack sce-
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1 nario, if in carrying out subsection (a) the Secretary 

2 determines that such a scenario is plausible. 

3 (3) CERTAIN AUTHORITIES.—

4 (A) DEVELOPMENT.—With respect to an 

5 agreement under paragraph (1) that provides 

6 funds for the development of a radioprotectant, 

7 the Secretary may use the same authorities as 

8 are described in subsections (b) through (e) of 

9 section 319F–1 of the Public Health Service 

10 Act. 

11 (B) PROCUREMENT.—With respect to an 

12 agreement under paragraph (1) that provides 

13 funds for the procurement of a radioprotectant, 

14 the Secretary may use the same authorities as 

15 are described in section 319F–2(c)(7) of the 

16 Public Health Service Act. 

17 (C) CONDITIONS.—An agreement under 

18 paragraph (1) may contain such reasonable 

19 conditions in addition to the conditions required 

20 in paragraph (2) as the Secretary determines to 

21 be appropriate, including—

22 (i) the condition that some or all pro23 curement payments be contingent upon ap24 proval of the radioprotectants by the Food 

25 and Drug Administration; and 
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1 (ii) the condition that the company or 

2 companies that produce such 

3 radioprotectants may be required to as4 sume the development costs of improve5 ments to the radioprotectants, but such 

6 costs may be considered in determining the 

7 payment for such improvements.

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