(2) The American Thyroid Association and a
broad array of other experts on radiation protection
and thyroid cancers have consistently recommended
making potassium iodide available for use in the
case of a radiological catastrophe. The experience of
the Chernobyl accident in 1985 and its aftermath
have confirmed the safety and efficacy of potassium
iodide in preventing radiation-induced thyroid can-
cers.
(3) Despite the clear and compelling evidence
that potassium iodide is a safe, effective, and inex-
pensive means of preventing radiation-induced thy-
roid cancers, the Nuclear Regulatory Commission
and its staff have, through their inaction, delayed
the stockpiling and distribution of this substance for
the last 22 years.
(4) The safety and efficacy of potassium iodide
was formally established as a matter of Federal pol-
icy when, on December 15, 1978, the Food and
Drug Administration concluded that potassium io-
dide is a safe and effective means by which to block
uptake of radioactive iodine by the thyroid gland in
a radiological catastrophe, and approved its over-the-
counter sale.
(5) In November 1979, after the Three Mile Is-
land accident revealed shortages in availability of po-
tassium iodide and the Presidents Commission on
the Accident at Three Mile Island criticized the Fed-
eral Government’s failure to stockpile it, the Nuclear
Regulatory Commission first declared that it would
require potassium iodide stockpiling ‘‘a necessary
part of an acceptable State emergency response
plan’’ in the event of a future nuclear accident. De-
spite this statement, the Commission failed to take
prompt action to make potassium iodide available.
(6) On September 27, 1982, the Nuclear Regu-
latory Commission staff recommended that the Com-
mission approve a policy endorsing use of potassium
iodide as a ‘‘useful protective action’’. However, on
October 15, 1982, the Commission staff reversed
itself, noting that the Federal Emergency Manage-
ment Agency had dropped plans to stockpile a large
quantity of potassium iodide and stating that the
staff now planned to prepare a new paper that
would recommend against stockpiling and distribu-
tion of potassium iodide on cost-benefit grounds.
(7) On November 22, 1982, public briefing of
the Nuclear Regulatory Commission, the staff
inexplicably argued against stockpiling of potassium
iodide on cost-benefit grounds, suggesting that even
though potassium iodide is inexpensive, it would be
even cheaper in the long run to treat radiation-in-
duced thyroid cancers than to prevent them.
(8) On July 24, 1985, the Nuclear Regulatory
Commission issued a national policy on potassium
iodide which reversed the Commission’s previous
support for stockpiling and distribution. Referring to
the Commission staff’s ‘‘cost-benefit analysis’’, it re-
jected the notion of distributing potassium iodide as
‘‘not worthwhile’’.
(9) On June 16, 1989, a Nuclear Energy Com-
mission employee filed a Differing Professional
Opinion challenging the Nuclear Regulatory Com-
mission’s potassium iodide policy.
(10) On March 29, 1994, the Nuclear Regu-
latory Commission staff recommended to the Com-
mission that stockpiling potassium iodide in the vi-
cinity of nuclear power plants ‘‘appears prudent’’
and urged a new policy of purchasing potassium io-
dide and encouraging the States to establish stock-
piles. However, a deadlocked 2–2 vote by the Com-
mission prevented adoption of the proposed new pol-
icy.
(11) On September 9, 1995, a Nuclear Regu-
latory Commission employee filed, as a private cit-
izen, a petition for rulemaking asking the Commis-
sion to require that potassium iodide be included in
State emergency plans.
(12) On June 16, 1997, the Nuclear Regulatory
Commission staff proposed a draft policy statement
to the Commission which would make potassium io-
dide available at Federal expense to those States
who request it, while also stating that there is ‘‘no
new information’’ warranting a change in existing
policy—despite the experience from the Chernobyl
accident regarding the effectiveness of potassium io-
dide in preventing thyroid cancers.
(13) On March 31, 1998, the Nuclear Regu-
latory Commission staff recommended to the Com-
mission that it deny the petition for rulemaking filed
by one of its employees in a private capacity, on the
basis of spurious arguments about the purported
side effects of potassium iodide and the potential for
liability relating to such purported side effects.
(14) On April 9, 1998, the Federal Emergency
Management Agency wrote the Commission to point
out ‘‘misleading’’ characterizations being made
about its position on potassium iodide by the Nu-
clear Regulatory Commission staff and a nuclear in-
dustry trade association.
(15) On July 1, 1998, the Nuclear Regulatory
Commission announced that it had voted 3–1 to re-
ject the recommendation by the staff and grant the
petition for rulemaking and to require States to con-
sider potassium iodide, along with evacuation and
sheltering, in emergency planning for nuclear power
plant accidents. Despite this action, no rulemaking
was immediately forthcoming.
(16) In January 2001, the Nuclear Regulatory
Commission finally revised a portion of its emer-
gency response regulations to require that consider-
ation be given to including potassium iodide as a
protective measure for the general public to supple-
ment sheltering and evacuation in the event of a se-
vere nuclear power plant accident. In doing so, the
Commission found that potassium iodide is ‘‘a rea-
sonable, prudent, and inexpensive supplement to
evacuation and sheltering for specific local condi-
tions’’.
(17) On October 16, 2001, the Nuclear Regu-
latory Commission stated that while it had decided
to fund the initial purchases of potassium iodide as
a supplemental measure, it had not formulated a
concrete plan for its distribution, preferring instead
to leave it to the States to decide whether to make
potassium iodide available to its citizens.
(18) The events of September 11, 2001, have
underscored the need to undertake immediate meas-
ures to protect the public against other possible ter-
rorist attacks, including terrorist attacks against nu-
clear power plants. Such preparations must include
the immediate establishment of a uniform national
policy to be established with respect to the stock-
piling and distribution of potassium iodide, rather
than deferring to the States on the question of
whether it should be stockpiled. In order to establish
such a uniform national policy, the Nuclear Regu-
latory Commission and all other applicable Federal
agencies must remove all further obstacles to the im-
mediate stockpiling and distribution of potassium io-
dide on a national basis.
SEC. 2. RULEMAKING.
(a) AMENDMENT.—Chapter 19 of the Atomic Energy
Act of 1954 (42 U.S.C. 2015 et seq.) is amended by in-
serting after section 241 the following new section:
‘‘SEC. 242. POTASSIUM IODIDE.—Not later than 6
months after the date of the enactment of this section,
the Commission shall—
‘‘(1) ensure that stockpiles of potassium iodide
tablets sufficient to provide adequate protection to
the population have been established in individual
homes and at public facilities such as schools and
hospitals within 50 miles of a nuclear power plant;
‘‘(2) ensure that stockpiles of potassium iodide
tablets sufficient to provide adequate protection to
the population have been established at public facili-
ties such as schools and hospitals within the area be-
tween 50 and 200 miles of a nuclear power plant;
‘‘(3) establish a plan to provide for the utiliza-
tion of the stockpiles described in paragraphs (1)
and (2) by individuals located within 200 miles of a
nuclear power plant in the event of a release of
radionuclides, other than a release of amounts hav-
ing no significant public health consequences; and
‘‘(4) transmit to the Congress a report—
‘‘(A) on whether stockpiles have been es-
tablished as required by paragraphs (1) and
(2); and
‘‘(B) on the utilization plan required under
paragraph (3).’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table
of contents of chapter 19 of the Atomic Energy Act of
1954 is amended by inserting after the item relating to
section 241 the following new item:
‘‘Sec. 242. Potassium iodide.’’.
Æ