II 111th CONGRESS 1st Session S. 600 IN THE SENATE OF THE UNITED STATES March 16, 2009 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.

1.

Short title

This Act may be cited as the Safety for Americans from Nuclear Weapons Testing Act.

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).

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.

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.

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.

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.

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.

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.

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.

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.