[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2777 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                 S. 2777

   To protect public health and safety in the event that testing of 
            nuclear weapons by the United States is resumed.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 7, 2004

Mr. Bennett (for himself and Mr. Hatch) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To protect public health and safety in the event that testing of 
            nuclear weapons by the United States is resumed.

    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 ``Safety for Americans from Nuclear 
Weapons Testing Act''.

SEC. 2. TREATMENT UNDER NATIONAL ENVIRONMENTAL POLICY ACT OF ACTIONS 
              RELATING TO NUCLEAR WEAPONS TESTS.

    (a) In General.--Each action of a Federal agency described in 
subsection (b) shall be deemed to be a major Federal action 
significantly affecting the quality of the human environment for which 
a separate environmental impact statement is required under section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).
    (b) Actions Described.--An action described in this subsection is 
any of the following:
            (1) The resumption of underground nuclear testing at the 
        Nevada Test Site.
            (2) The use of a location other than the Nevada Test Site 
        for the resumption of underground nuclear testing.
    (c) Included Information.--
            (1) In general.--The environmental impact statement 
        prepared under subsection (a) for an action described in 
        subsection (b) shall include a detailed description of--
                    (A) the possibility of radiation containment 
                failure as a result of the action and the effects of 
                such containment failure; and
                    (B) the possible long-term effects on the water 
                table from underground radiation leakage resulting from 
                the action.
            (2) Information for categories of weapons.--In the case of 
        an action described in subsection (b) that is expected to 
        result in the testing of more than one nuclear weapon or 
        nuclear explosive device, the information required under 
        paragraph (1) shall be included separately with respect to 
        each, if any, of the following 3 classes of weapons and devices 
        that is the subject of such tests:
                    (A) Weapons and devices having a yield of less than 
                15 kilotons.
                    (B) Weapons and devices having a yield of not less 
                than 15 kilotons and not greater than 50 kilotons.
                    (C) Weapons and devices having a yield of greater 
                than 50 kilotons.
    (d) Availability of Statements.--The head of a Federal agency that 
carries out an action described in subsection (b)--
            (1) shall make available to the public the detailed 
        statement required for the action under section 102(2)(C) of 
        the National Environmental Policy Act of 1969, except that the 
        head of an agency shall not make available to the public any 
        classified annex to such statement; and
            (2) shall submit to Congress each classified annex to such 
        statement.
    (e) Existing Statements Not Sufficient.--No statement prepared 
before the date of the enactment of this Act shall be treated as the 
statement required by section 102(2)(C) of the National Environmental 
Policy Act of 1969 with respect to an action described in subsection 
(b).

SEC. 3. CONGRESSIONAL AUTHORIZATION REQUIRED FOR RESUMPTION OF NUCLEAR 
              WEAPONS TESTING.

     The United States may not resume underground nuclear testing 
unless authorized by an Act enacted after the date of the enactment of 
this Act.

SEC. 4. PUBLIC NOTICE REQUIREMENTS.

    (a) Advance Public Notice of Each Test.--
            (1) In general.--The United States may not resume 
        underground nuclear testing unless the Secretary of Energy 
        first provides, not later than 7 days before the date of the 
        test, public notice of the fact that such test is to be carried 
        out.
            (2) Revisions.--The President shall promptly provide to the 
        public notice of any change to the information provided 
        pursuant to paragraph (1).
    (b) Prompt Notice of Each Test.--After each underground nuclear 
test at the Nevada Test Site, the Secretary of Energy shall promptly 
provide to the public notice of each of the following:
            (1) The date, time, and location of the test.
            (2) The nature and extent of any release of radiation 
        resulting from such test.
    (c) Public Meeting Requirement.--After an underground nuclear test 
is conducted, the Secretary of Energy shall hold a public meeting in 
southern Utah to discuss the details of the test, including the nature 
and extent of any release of radiation as a result of the test.
    (d) Rule of Construction.--The notice requirements under 
subsections (a) and (b) shall apply notwithstanding any provision of 
law that would otherwise require or permit the information to not be 
made public.

SEC. 5. STUDY ON SAFETY AND HEALTH OF CITIZENS IN THE VICINITY OF THE 
              NEVADA TEST SITE.

     Not later than one year after the date of the enactment of this 
Act, the National Academy of Sciences shall, for purposes of obtaining 
an independent analysis of the safety, health, and environmental issues 
related to underground nuclear testing and ensuring the safety and 
health of citizens who live near the Nevada Test Site, complete a study 
on the safety, health, and environmental measures that the National 
Nuclear Security Administration has taken with respect to underground 
nuclear testing. The study shall also recommend additional measures 
that might be taken, if required, to ensure the safety and health of 
such citizens.

SEC. 6. NEVADA TEST SITE CITIZENS REVIEW BOARD.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Energy shall establish a Nevada 
Test Site Citizens Review Board (hereafter in this section referred to 
as the ``Board'') to address environmental, health, and safety issues 
related to nuclear testing at the Nevada Test Site.
    (b) Membership.--
            (1) In general.--The Board shall be composed of nine 
        members appointed by the Secretary of Energy of whom--
                    (A) three members shall be citizens of Nevada, of 
                whom--
                            (i) one shall be a State official with 
                        expertise in the fields of environmental 
                        safety, health, or air quality; and
                            (ii) two shall be community 
                        representatives;
                    (B) three members shall be citizens of Arizona, of 
                whom--
                            (i) one shall be a State official with 
                        expertise in the fields of environmental 
                        safety, health, or air quality; and
                            (ii) two shall be community 
                        representatives; and
                    (C) three members shall be citizens of Utah, of 
                whom--
                            (i) one shall be a State official with 
                        expertise in the fields of environmental 
                        safety, health, or air quality; and
                            (ii) two shall be community 
                        representatives.
            (2) Recommendations for appointments.--
                    (A) Nevada.--The members of the Board appointed 
                under paragraph (1)(A) shall be appointed from among 
                any individuals that are recommended for such 
                appointment by the chief executive officer of the State 
                of Nevada.
                    (B) Arizona.--The members of the Board appointed 
                under paragraph (1)(B) shall be appointed from among 
                any individuals that are recommended for such 
                appointment by the chief executive officer of the State 
                of Arizona.
                    (C) Utah.--The members of the Board appointed under 
                paragraph (1)(C) shall be appointed from among any 
                individuals that are recommended for such appointment 
                by the chief executive officer of the State of Utah 
                pursuant to such recommendations as have been made 
                jointly by the Five County Association of Governments 
                and the Six County Association of Governments, Utah.
    (c) Meetings.--
            (1) In general.--The Board shall meet annually, together 
        with the Nevada Test Site Office Manager, to discuss 
        environmental, health, and safety issues at the Nevada Test 
        Site.
            (2) Review of proposed nuclear tests.--The Board shall meet 
        not later than 180 days prior to any proposed nuclear test at 
        the Nevada Test Site to discuss environmental, health, and 
        safety issues related to such proposed test.

SEC. 7. GRANT PROGRAM FOR INDEPENDENT RADIATION MONITORING.

    (a) Grants Authorized.--The Secretary of Homeland Security, acting 
through the Office for Domestic Preparedness, shall carry out a program 
under which the Secretary makes grants to institutions of higher 
education--
            (1) to acquire radiation detection equipment and sensors 
        for use by those institutions; and
            (2) to maintain and operate such equipment and sensors for 
        a period of 10 years after the award of such grant to the 
        institution concerned.
    (b) Preference.--In making grants under this section, the Secretary 
shall give preference to institutions located in States that have 
received high levels of fallout from nuclear weapons tests, as 
determined by data collected by the National Cancer Institute.
    (c) Conditions.--Each institution that receives a grant under this 
section shall be required, whenever the United States carries out an 
underground nuclear test during the period referred to in subsection 
(a)--
            (1) to use the equipment and sensors to carry out 
        monitoring to determine the nature and amount of any radiation 
        from the test that reaches such sensors; and
            (2) to ensure that all information on radiation obtained 
        through monitoring under paragraph (1) is made available to the 
        public.

SEC. 8. MONITORING OF RELEASES OF RADIATION INTO THE ATMOSPHERE.

    (a) Monitoring by Department of Energy and Environmental Protection 
Agency.--Whenever the United States carries out an underground nuclear 
test, monitoring to determine the nature and extent of any radiation 
released into the atmosphere shall be carried out by--
            (1) the Secretary of Energy, using--
                    (A) all available monitoring systems of the 
                Department of Energy located on or off the test site; 
                and
                    (B) any other complementary monitoring system 
                located off the test site that is made available to the 
                Secretary by the head of any other element of the 
                Federal Government; and
            (2) the Administrator of the Environmental Protection 
        Agency, using one or more monitoring systems and in 
        consultation with the head of any other element of the Federal 
        Government with a monitoring system located off the test site.
    (b) Monitoring Stations.--The Secretary of Energy shall ensure 
that, not later than one year after the date of the enactment of this 
Act, there shall be at least one monitoring station that is established 
and operational in each county of the State of Utah that has requested 
such a monitoring station as of that date.
    (c) Assessment of Containment by Department of Energy.--For each 
underground nuclear test, the Secretary of Energy shall assess and 
evaluate the containment of radiation before and after the test.
    (d) Monitoring by Environmental Protection Agency.--
            (1) In general.--In carrying out monitoring under 
        subsection (a)(2), the Administrator of the Environmental 
        Protection Agency shall use a combination of temporary ground 
        sensors, permanent ground sensors, and airborne sensors.
            (2) Real-time monitoring required.--Any sensors employed 
        pursuant to paragraph (1) that operate by gathering air 
        particles shall have real-time monitoring capabilities.
            (3) Placement of sensors.--
                    (A) Consultation.--In determining the locations for 
                the sensors employed pursuant to paragraph (1), the 
                Administrator of the Environmental Protection Agency 
                shall consult with--
                            (i) the Administrator of the National 
                        Oceanic and Atmospheric Administration;
                            (ii) the head of any other element of the 
                        Federal Government with a suitable monitoring 
                        system located off the test site; and
                            (iii) the head of any other element of the 
                        Federal Government that the Administrator of 
                        the Environmental Protection Agency considers 
                        appropriate.
                    (B) Criteria for determinations.--In determining 
                the locations of sensors under this paragraph, the 
                Administrator of the Environmental Protection Agency 
                shall consider the proximity of such locations to major 
                agricultural zones, population centers, public water 
                resources, and areas with high levels of fallout from 
                previous nuclear tests.
    (e) Public Notice of Monitoring Data.--The Secretary of Energy and 
the Administrator of the Environmental Protection Agency each shall 
ensure that all information on radiation obtained through monitoring 
under this section is made available to the public on the Internet as 
soon as available, and in any event not more than 24 hours after such 
information is collected.
    (f) Finding of Release.--If, in monitoring any test under this 
subsection, the head of any element of the Federal Government 
determines that a release of radiation beyond the boundaries of the 
Nevada Test Site has occurred--
            (1) the Administrator of the Environmental Protection 
        Agency shall immediately submit a report to Congress providing 
        notice of such determination;
            (2) the United States shall cease all underground nuclear 
        testing, except as otherwise provided in an Act enacted after 
        the date of such test; and
            (3) the Attorney General shall carry out a program, 
        substantially similar to the program carried out under section 
        4 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 
        note), under which compensation is provided to individuals 
        adversely affected by such release of radiation.

SEC. 9. ESTABLISHMENT OF CENTER FOR THE STUDY OF RADIATION AND HUMAN 
              HEALTH.

    (a) Establishment.--The Director of the National Institutes of 
Health shall make a grant to a university or a consortium of 
universities located in the intermountain west region of the United 
States to establish, maintain, and operate a center to be known as the 
``National Center for the Study of Radiation and Human Health'' (in 
this section referred to as the ``Center'').
    (b) Activities.--The activities of the Center shall include the 
following:
            (1) Awarding grants to institutions of higher education for 
        research on the relationship between radiation and human 
        health, including any health effects or illness related to 
        exposure to particular radioactive isotopes.
            (2) Studying the relationship between radiation and human 
        health, including fallout data collection.
            (3) Coordinating efforts relating to research on radiation 
        and human health.
            (4) Collecting, maintaining, and making available to the 
        public by means of the Internet an archive of data on fallout 
        from nuclear tests and the effects of exposure to such fallout 
        on human health.
    (c) Report.--The Center shall submit to Congress, and make 
available to the public, an annual report on the activities of the 
Center.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 10. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR WEAPONS TESTS.

    Not later than 3 years after the date of the enactment of this Act, 
the Secretary of Health and Human Services, acting through the Director 
of the National Cancer Institute, shall--
            (1) complete a study to estimate the dose of all 
        radionuclides received by the United States population as a 
        result of exposure to nuclear weapons tests conducted in the 
        United States;
            (2) disaggregate the results of such study by organ, by 
        radionuclide, and by demographic variables;
            (3) submit to Congress a report on the results of such 
        study; and
            (4) make such results available to the public.
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