Letter to President of the United States of America George W. Bush

August 18, 2006
Dear President Bush:

I am writing to you to express my deep concern at the fact that potassium iodide (also known as "KI") has still not been made available to State and local governments for distribution to all persons living within a 20 mile radius of a nuclear power plant, as required over four years ago.

From the public comments of your Administration, I know that you fully appreciate the vital role of potassium iodide in our emergency preparedness efforts. In the White House's June 6, 2002 proposal for the Homeland Security Department, potassium iodide was called a "crucial drug" which "helps prevent thyroid cancer in the event of exposure to radiation." Further, the White House document called for the end of the "artificial ten-mile barrier to treatment." Days later, on June 10, 2002, then-Homeland Security Director Tom Ridge called the potassium iodide distribution process, "confusing, to say the least." He continued, "We need to eliminate as much of the confusion as possible."

Section 127 of the 2002 Bioterrorism Preparedness and Response Act directed you to establish a program to make potassium iodide available to State and local governments for distribution to all persons living within a 20 mile radius of a nuclear power plant. Previously, the Nuclear Regulatory Commission made potassium iodide available only to State governments for distribution to persons living within a 10 miles radius of such plants, and only when the States requested it. I offered the amendment to establish this program during the House Energy and Commerce Committee markup of this legislation. My amendment was accepted by the Committee, and, in modified form, by the House-Senate Conference on the Bioterrorism bill.

Section 127 (c) of the 2002 Bioterrorism Preparedness and Response Act required that "Not later than one year after the date of the enactment of this Act, the President, in consultation with individuals representing appropriate Federal, State, and local agencies, shall establish guidelines for the stockpiling of potassium iodide tablets, and for the distribution and utilization of potassium iodide tablets in the event of a nuclear incident. Such tablets may not be made available under subsection (a) until such guidelines have been established." Now over three years overdue, the guidelines have still not been finalized.

Draft guidelines were prepared by the Department of Health and Human Services and published in the Federal Register almost a year ago, on August 29, 2005. I note that at that date, the guidelines were over two years overdue. I wrote you on February 22, 2006 to express my concern that the final HHS regulations reportedly were being held up due to spurious objections and arguments raised by the Nuclear Regulatory Commission and the nuclear utility industry.

In response to that inquiry, I received a letter on August 10, 2006 from Secretary of Health and Human Services Michael O. Leavitt, which explained that, "We are not aware of any ‘alternative and more effective prophylaxis or preventive measures' that could be offered in place of potassium iodide in conjunction with other protective measures, and the President has not invoked subsection (f) of the Act. HHS has therefore proceeded with finalizing the KI distribution guidelines." It is my understanding that the final guidelines for potassium iodide stockpiling and distribution are pending at the White House Office of Management and Budget. It is further my understanding that OMB has had the final guidelines under review since February 2006 - when I last wrote you regarding this subject.

We are now approaching the five-year anniversary of the September 11th attacks. We know that Al Qaeda has long considered nuclear power plants to be a potential target for future attacks. It is now long past time for the final guidelines for potassium iodide stockpiling and distribution to be finished and released so that State and local governments may begin receiving potassium iodide to cover the 11-20 mile radius.

You recently said that America is safer than it was on September 11th, but it is not yet safe. It is all too easy to imagine a terrorist attack targeting our nation's nuclear infrastructure. In the event of an attack against a nuclear reactor resulting in the release of radiation, the immediate distribution of potassium iodide to persons within the affected area would constitute a crucial aspect of a successful emergency response. Congress has given you the charge to take action now that would make this critical substance available to those who live nearest to the 103 currently operating nuclear power plants in this country, so that they would receive protection against radioactive iodine releases that could result in thyroid cancers. Every day you fail to act, millions of Americans are needlessly left at risk. I urge you to immediately order the Office of Management and the Budget to releasing the final HHS guidelines for stockpiling and distribution of potassium iodide and to make it available to State and local governments.

Sincerely,

Edward J. Markey

http://markey.house.gov/index.php?option=com_content&task=view&id=2051&Itemid=141