[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1491 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1491

   To protect public health and safety should the testing of nuclear 
                weapons by the United States be resumed.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2011

 Mr. Matheson introduced the following bill; which was referred to the 
   Committee on Armed Services, and in addition to the Committees on 
     Energy and Commerce and Natural Resources, 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 protect public health and safety should the testing of nuclear 
                weapons by the United States be 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. FINDINGS.

    Congress finds the following:
            (1) From 1951 until 1992, the United States conducted over 
        900 nuclear weapons tests at the Nevada Test Site (now referred 
        to as the ``Nevada National Security Site'').
            (2) Of those tests, 100 exploded above ground and 
        approximately one-fourth of those were bigger than the bomb 
        dropped on Hiroshima, Japan.
            (3) The remaining 804 tests were detonated underground, yet 
        many of these tests also released significant amounts of 
        radioactive fallout into the atmosphere. The Shot Baneberry, 
        detonated in 1970, was buried 900 feet below ground but 
        radioactive debris erupted 10,000 feet into the air.
            (4) Public health researchers studied the implications of 
        radiation fallout and weapons testing in 1961 and discovered 
        significant negative health effects.
            (5) These research findings were not released until 1979. 
        In the meantime, American citizens were never warned about the 
        likelihood of contamination in areas downwind of the blasts nor 
        were they alerted to adverse health effects associated with 
        radiation exposure.
            (6) During the 1980s, public pressure forced the Federal 
        Government to address surprisingly high rates of cancer and 
        other illnesses among people exposed to radioactive fallout, 
        commonly known as ``downwinders,'' which led to the passage of 
        the Radiation Exposure Compensation Act in 1990.
            (7) To date, only one comprehensive radiation exposure 
        study of an isotope, iodine-131, has been conducted and 
        released. Iodine-131 is only one of more than 150 radionuclides 
        released by the tests to which the American people were 
        exposed.
            (8) This same radioactive fallout study, conducted by the 
        National Cancer Institute, shows that exposure was not limited 
        to residents of Nevada and Utah. Extensive radiation exposure 
        has been documented in all of the contiguous 48 States, with 
        some counties in the Midwest and the eastern United States 
        receiving more fallout than some areas directly downwind of the 
        Nevada National Security Site.
            (9) The United States has engaged in a moratorium on 
        nuclear weapons testing since 1992. However, the United States 
        might in the future decide to resume nuclear weapons testing.
            (10) Before any resumption of nuclear weapons testing, the 
        American public deserves much greater accountability from the 
        Federal Government with respect to the health and safety 
        aspects of nuclear weapons testing.
            (11) Therefore, the Federal Government must ensure public 
        safety in the event of future nuclear weapons tests through a 
        thorough analysis of the environmental effects of testing, 
        public notification, comprehensive and independent test 
        monitoring, and extensive health research efforts.

SEC. 3. TREATMENT UNDER NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 OF 
              ACTIONS RELATING TO NUCLEAR WEAPONS TESTS.

    (a) In General.--Each of the actions described in subsection (b) by 
a Federal agency is deemed to be a major Federal action significantly 
affecting the quality of the human environment for which a separate 
detailed environmental impact statement is required under section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (b) Actions Described.--The actions referred to in subsection (a) 
are the following:
            (1) Any action having as a purpose the resumption of 
        testing of one or more nuclear weapons at the Nevada National 
        Security Site.
            (2) Use of a location other than the Nevada National 
        Security Site for testing of a nuclear weapon.
    (c) Included Information.--
            (1) In general.--The head of a Federal agency shall include 
        in the environmental impact statement prepared for an action 
        described in subsection (b) 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) 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, the 
        description required under paragraph (1) shall be included, 
        separately, with respect to each of the following 3 classes of 
        weapons that might be the subject of such tests:
                    (A) Weapons having a yield of less than 15 
                kilotons.
                    (B) Weapons having a yield of not less than 15 
                kilotons and not greater than 50 kilotons.
                    (C) Weapons having a yield 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 publicly available the detailed statement 
        required for the action under section 102(2)(C) of the National 
        Environmental Policy Act of 1969, notwithstanding the existence 
        of a classified annex for the statement; and
            (2) shall submit to the Congress each classified annex to 
        such a statement.
    (e) Existing Statements Not Sufficient.--Any statement prepared 
before the date of the enactment of this Act shall not 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. 4. CONGRESSIONAL AUTHORIZATION REQUIRED FOR RESUMPTION OF NUCLEAR 
              WEAPONS TESTING.

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

SEC. 5. PUBLIC NOTICE REQUIREMENTS.

    (a) Advance Public Notice of Each Test.--
            (1) In general.--The United States may not carry out a test 
        of a nuclear weapon unless, for each such test, the President 
        first provides, not less than 7 days before the date of the 
        test, public notice of each of the following:
                    (A) The fact that such a test is to be carried out.
                    (B) The date and approximate time of the test.
                    (C) The location of the test, including specific 
                longitude and latitude.
            (2) Revisions.--To the extent any information provided 
        pursuant to paragraph (1) changes, the President shall promptly 
        provide public notice of the changes and of any other 
        information necessary to comply with paragraph (1).
    (b) Prompt Notice of Each Release of Radiation Beyond Nevada 
National Security Site.--Whenever a test of a nuclear weapon by the 
United States results in a release of radiation beyond the boundaries 
of the Nevada National Security Site, the Secretary of Energy shall 
provide public notice of each of the following within one hour of 
detection of such radiation outside the boundaries of the Nevada 
National Security Site:
            (1) The actual date, time, and location of the test.
            (2) The fact that such a test has resulted in such a 
        release.
            (3) The nature and extent of the release, including a list 
        of areas potentially at risk from radionuclides, with 
        determination of risk based on such factors as atmospheric 
        conditions and the quantity of radionuclides released.
    (c) Rule of Construction.--The requirements of subsections (a) and 
(b) shall apply notwithstanding any provision of law that would 
otherwise require or permit the information to not be made public.
    (d) Public Meeting Requirement.--After an underground nuclear test 
is conducted, the Secretary of Energy shall hold public meetings in 
southern Utah, Arizona, and Nevada to discuss the details of the test, 
including the nature and extent of any release of radiation as a result 
of the test.

SEC. 6. STUDY ON SAFETY AND HEALTH OF CITIZENS IN THE VICINITY OF THE 
              NEVADA NATIONAL SECURITY 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 National Security 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. 7. NEVADA NATIONAL SECURITY 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 
National Security 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 National 
Security 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 National Security Site Office Manager, to 
        discuss environmental, health, and safety issues at the Nevada 
        National Security 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 National Security Site to discuss environmental, 
        health, and safety issues related to such proposed test.

SEC. 8. GRANT PROGRAM FOR INDEPENDENT RADIATION MONITORING.

    (a) Grants Authorized.--From amounts made available to carry out 
this section, 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 for use 
by those institutions only to acquire radiation detection equipment and 
sensors and, for a period of 10 years thereafter, to maintain and 
operate such equipment and sensors.
    (b) Preference.--In making grants under this section, the Secretary 
shall give preference to institutions in those States that received 
high levels of fallout from nuclear weapons tests, as determined by 
data collected by the National Cancer Institute.
    (c) Conditions.--As a condition of receiving a grant, the 
institution shall, whenever the United States carries out a test of a 
nuclear weapon during the period referred to in subsection (a)--
            (1) 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) ensure that all information on radiation obtained 
        through monitoring under paragraph (1) is made available to the 
        public.

SEC. 9. MONITORING OF RELEASES OF RADIATION INTO THE ATMOSPHERE.

    (a) Monitoring by DOE and EPA.--Whenever the United States carries 
out a test of a nuclear weapon, 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) DOE Assessment of Containment.--For each test, the Secretary of 
Energy shall assess and evaluate the containment of radiation, both 
before and after the test.
    (c) 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.
    (d) EPA Monitoring.--
            (1) In general.--The monitoring under subsection (a)(2) by 
        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 required by 
        paragraph (1) that operate by gathering air particulates shall 
        have real-time monitoring capabilities.
            (3) Placement.--The Administrator of the Environmental 
        Protection Agency shall determine the locations for the sensors 
        required by paragraph (1) in consultation with the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, the head of any other element of the Federal 
        Government with a suitable monitoring system located off the 
        test site, and the head of any other element of the Federal 
        Government that the Administrator of the Environmental 
        Protection Agency considers appropriate. The determinations 
        shall be based on proximity to major agricultural zones, 
        population centers, public water resources, and areas with high 
        levels of fallout from previous tests.
    (e) Public Notice of Monitoring Data.--The Secretary and the 
Administrator of the Environmental Protection Agency each shall ensure 
that all information on radiation obtained through monitoring under 
subsection (a) 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 such test, the head 
of any element of the Federal Government determines that a release of 
radiation beyond the boundaries of the Nevada National Security Site 
has occurred--
            (1) the Administrator of the Environmental Protection 
        Agency shall immediately submit a report to Congress providing 
        notice of that determination;
            (2) the United States shall stop all testing of all nuclear 
        weapons, except as otherwise provided in an Act enacted after 
        the date of the test; and
            (3) the Attorney General shall carry out a program, 
        substantially similar to the program 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 that release of radiation.

SEC. 10. ESTABLISHMENT OF THE CENTER FOR THE STUDY OF RADIATION AND 
              HUMAN HEALTH.

    (a) Establishment.--From amounts made available to carry out this 
section, 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 described in subsection (b), to be known as the 
National Center for the Study of Radiation and Human Health.
    (b) Activities.--The activities of the National Center for the 
Study of Radiation and Human Health 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 fallout data and 
        human health effects data.
    (c) Report.--The National Center for the Study of Radiation and 
Human Health 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. 11. 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 a report to Congress on the results of such 
        study; and
            (4) make such results publicly available.

SEC. 12. NEVADA TEST SITE REFERENCE.

    Except as otherwise provided, any reference to the ``Nevada Test 
Site'' in this Act or any other law shall be deemed to be a reference 
to the ``Nevada National Security Site''.

SEC. 13. DEFINITION.

    For purposes of this Act, the term ``nuclear weapon'' includes 
other nuclear explosive devices producing a nuclear yield.
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