Radioprotectant Procurement Act of 2004 - Amends the Homeland Security Act of 2002 to direct the Secretaries of Health and Human Services, Homeland Security, and Defense to utilize and expend funds necessary for rapidly developing, bringing to market, and procuring whole-body radioprotectants.
Requires the Secretary of Homeland Security: (1) to report to Congress on the threat of a nuclear or radiological attack against the United States and the availability of effective radioprotectant medical countermeasures; and (2) upon determining that an effective radioprotectant is available or may become available within a reasonable time, to enter into agreements with private companies for the procurement of enough effective, safe, stable, and low-cost radioprotectants to protect the people of the United States, including in a multi-location attack scenario.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5000 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5000
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
July 22, 2004
Mr. Weldon of Pennsylvania (for himself and Mr. Issa) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Armed Services and
Select 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radioprotectant Procurement Act of
2004''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The threat of a radiological or nuclear attack 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 continues 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 available radiological
materials, could cause death, radiation sickness, and
widespread panic and economic hardship if detonated in an urban
center of the United States, and such an attack would
dramatically 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 detonated in a large urban center would
cause widespread death, sickness, and physical and economic
damage. For example, in February 2002, the British Medical
Journal estimated that a 12.5 kiloton nuclear 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
potentially 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 radiological attack or
large accident occur.
(7) Considering the need to rapidly administer a
radioprotectant, Federal procurement of an effective
radioprotectant should be comparable to stockpiles of other
drugs designed to counter the effects of chemical or biological
agents.
(8) Current treatment options for acute radiation exposure
are wholly inadequate, with potassium iodide being the only
widely stockpiled countermeasure currently available. This
treatment protects against the long-term risk of thyroid
cancer, and does nothing to counteract short-term radiation
sickness and possible death within the first 30 days of
exposure.
(9) Effective medical countermeasures to both acute and
long-term exposure of radiation are presently 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
countermeasures to biological threats, including smallpox and
anthrax vaccines, few resources to date have been dedicated to
bring to market and procure an effective, whole-body
radioprotectant.
(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 appropriate consideration and dedication of
resources.
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 adding at the end the following
subsection:
``(d) Development and Procurement of Radiation 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 otherwise prohibited from being used for such
purpose, under the appropriations headings `Public Health Programs',
`Strategic National Stockpile', `Nuclear and Radiological
Countermeasures', `Biodefense Countermeasures', `Research, Development,
Acquisition and Operations', `Biological Countermeasures', and `Chem-
Bio Defense Initiative', as well as relevant departmental and subagency
operations budgets, subject to the appropriations Act involved.''.
SEC. 4. REPORT REGARDING EFFECTIVE RADIOPROTECTANTS; DEVELOPMENT AND
PROCUREMENT.
(a) Report.--Not later than 120 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 extent to which there is a threat of a nuclear or
radiological attack against the United States; and
(2) the availability of effective radioprotectant medical
countermeasures against the threat.
(b) Development and Procurement.--
(1) In general.--If in carrying out subsection (a) the
Secretary determines that one or more effective
radioprotectants are currently available, or may become
available within a reasonable amount of time, then not later
than 90 days after the submission of the report under such
subsection, the Secretary shall enter into one or more
agreements with one or more private companies for the
development and procurement of one or more effective, safe,
stable, 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 procurement and stockpiling of enough
dose regimens of the radioprotectants involved to provide for
adequate protection of the people of the United States,
including adequate response to a multi-location attack
scenario, 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 the final
procurement be contingent upon approval of the
radioprotectants by the Food and Drug
Administration, subject to section 564 of the
Federal Food, Drug, and Cosmetic Act; and
(ii) the condition that the company or
companies that produce such radioprotectants
may be required to assume the development costs
of improvements to the radioprotectants.
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Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, and Homeland Security (Select), 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, and Homeland Security (Select), 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, and Homeland Security (Select), 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, and Homeland Security (Select), 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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Emergency Preparedness and Response.
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