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 radio-
logical attack. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 15, 2005
Mr. ISSA (for himself, Mrs. DAVIS of California, and Mr. SESSIONS) intro-
duced 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 with-
in 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 counter-
measures to radiation from a nuclear or radiological at-
tack.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Radioprotectant Pro-
curement Act of 2005’’.
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) The threat of a radiological or nuclear at-
tack on the American people is one of the greatest 
potential threats now faced by the United States, 
considering the potential number of deaths, injuries, 
illnesses and economic devastation such an attack on 
American civilians or military personnel could have. 
(2) There are at least 30,000 known nuclear 
weapons deployed around the world today and the 
proliferation of nuclear weapons technology con-
tinues to pose an enormous threat to the United 
States, its people, and its interests and allies around 
the world. 
(3) Even a crude radiological weapon, using 
conventional explosives combined with widely avail-
able radiological materials, could cause death, radi-
ation sickness, and widespread panic and economic 
hardship if detonated in an urban center of the 
United States, and such an attack would dramati-
cally strain our public health resources. 
(4) Numerous government and private studies, 
including the findings of several leading medical 
journals, have concluded that a nuclear weapon deto-
nated in a large urban center would cause wide-
spread death, sickness, and physical and economic
damage. For example, in February 2002, the British 
Medical Journal estimated that a 12.5 kiloton nu-
clear bomb (approximately the size of the bomb used 
at Hiroshima), if detonated in New York City, would 
cause 50,000 immediate deaths, 200,000 short-term 
deaths from high-exposure radiation injury, and 
700,000 cases of radiation sickness. 
(5) There are 103 nuclear power plants in the 
United States, each with the potential to expose area 
residents to high levels of radiation in the event of 
a successful attack. 
(6) For potentially stockpiled radioprotectants 
to be most effective, they must be administered soon 
after exposure to radiation, so the procurement of a 
radioprotectant must be large enough and located in 
enough regions of the country to facilitate the rapid 
treatment of the hundreds of thousands and poten-
tially millions of Americans who would be exposed to 
radiation, as well as the many ‘‘worried well’’ who 
will flood emergency rooms should a nuclear or radi-
ological attack or large accident occur. 
(7) Considering the need to rapidly administer 
a radioprotectant, Federal procurement of an effec-
tive radioprotectant should be comparable to stock-
piles of other drugs designed to counter the effects 
of chemical or biological agents. 
(8) Current treatment options for acute radi-
ation exposure are wholly inadequate, with potas-
sium iodide being the only widely stockpiled counter-
measure currently available. This treatment protects 
against the long-term risk of thyroid cancer, and 
does nothing to counteract short-term radiation sick-
ness and possible death within the first 30 days of 
exposure. 
(9) Effective medical countermeasures to both 
acute and long-term exposure of radiation are pres-
ently 
in 
development 
at 
the 
Armed 
Forces 
Radiobiology Research Institute (‘‘AFRRI’’) and 
among pharmaceutical companies, including at least 
one compound that has demonstrated efficacy in 
preventing radiation sickness and death caused by 
the destruction of bone marrow from acute radiation 
exposure. 
(10) While the Departments of Health and 
Human Services, Homeland Security, and Defense 
are appropriately dedicating substantial resources to 
the development and procurement of counter-
measures to biological threats, including smallpox 
and anthrax vaccines, few resources to date have
been dedicated to bring to market and procure one 
or more effective, whole-body radioprotectants. 
(11) In enacting the Homeland Security Act of 
2002, it was and is the intent of Congress that the 
development and procurement of radiological and 
nuclear countermeasures be given full and appro-
priate consideration and dedication of resources. 
(12) The Department of Health and Human 
Services has issued a request for information about 
radioprotectants to treat acute radiation sickness 
(‘‘ARS’’). The Department should move forward 
with all due haste to procure countermeasures 
against ARS and other major health consequences of 
acute radiation exposure. 
SEC. 3. AMENDMENT TO THE HOMELAND SECURITY ACT OF 
2002. 
Section 304 of the Homeland Security Act of 2002 
(6 U.S.C. 184; Public Law 107–296) is amended by add-
ing at the end the following subsection: 
‘‘(d) DEVELOPMENT AND PROCUREMENT OF RADI-
ATION MEDICAL COUNTERMEASURES.—For the purpose 
of rapidly developing, bringing to market, and procuring 
whole-body radioprotectants, the Secretaries of Health 
and Human Services, Homeland Security, and Defense 
shall utilize and expend such funds as may be necessary,
including funds appropriated by Congress, and not other-
wise prohibited from being used for such purpose, under 
the appropriations headings ‘Public Health Programs’, 
‘Strategic National Stockpile’, ‘Nuclear and Radiological 
Countermeasures’, ‘Biodefense Countermeasures’, ‘Re-
search, Development, Acquisition and Operations’, ‘Bio-
logical Countermeasures’, and ‘Chem-Bio Defense Initia-
tive’, as well as relevant departmental and subagency oper-
ations budgets, subject to the appropriations Act in-
volved.’’. 
SEC. 
4. 
REPORT 
REGARDING 
EFFECTIVE 
RADIOPROTECTANTS; 
DEVELOPMENT 
AND 
PROCUREMENT. 
(a) REPORT.—Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security (referred to in this section as the ‘‘Secretary’’) 
shall, in consultation with the Secretary of Health and 
Human Services and the Secretary of Defense, submit to 
the Congress a report providing a determination by the 
Secretary of—
(1) the scope and nature of the threat of a nu-
clear or radiological attack against the United 
States; and
(2) the current and potential future availability 
of effective radioprotectant medical countermeasures 
against—
(A) acute radiation sickness; 
(B) DNA mutagenasis; and 
(C) other major health consequences of 
acute radiation exposure. 
(b) DEVELOPMENT AND PROCUREMENT.—
(1) IN GENERAL.—If in carrying out subsection 
(a) the Secretary determines that one or more effec-
tive radioprotectants are currently available, or may 
become available within a reasonable amount of 
time, then not later than 60 days after the submis-
sion of the report under such subsection, the Sec-
retary shall enter into one or more agreements with 
one or more private companies for the development 
and procurement of one or more effective, safe, sta-
ble, and low-cost radioprotectants, subject to the 
availability of funds under an appropriations Act. 
(2) ADEQUATE
PROTECTION.—An agreement 
under paragraph (1) shall provide for the procure-
ment and stockpiling of enough dose regimens of the 
radioprotectants involved to provide for adequate 
protection of the people of the United States, includ-
ing adequate response to a multi-location attack sce-
nario, if in carrying out subsection (a) the Secretary 
determines that such a scenario is plausible. 
(3) CERTAIN AUTHORITIES.—
(A) DEVELOPMENT.—With respect to an 
agreement under paragraph (1) that provides 
funds for the development of a radioprotectant, 
the Secretary may use the same authorities as 
are described in subsections (b) through (e) of 
section 319F–1 of the Public Health Service 
Act. 
(B) PROCUREMENT.—With respect to an 
agreement under paragraph (1) that provides 
funds for the procurement of a radioprotectant, 
the Secretary may use the same authorities as 
are described in section 319F–2(c)(7) of the 
Public Health Service Act. 
(C) CONDITIONS.—An agreement under 
paragraph (1) may contain such reasonable 
conditions in addition to the conditions required 
in paragraph (2) as the Secretary determines to 
be appropriate, including—
(i) the condition that some or all pro-
curement payments be contingent upon ap-
proval of the radioprotectants by the Food 
and Drug Administration; and
(ii) the condition that the company or 
companies 
that 
produce 
such 
radioprotectants may be required to as-
sume the development costs of improve-
ments to the radioprotectants, but such 
costs may be considered in determining the 
payment for such improvements.
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