[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2398 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2398

 To require research into the health consequences of the environmental 
            impacts of nuclear war, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2023

  Mr. Markey introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To require research into the health consequences of the environmental 
            impacts of nuclear war, and for other purposes.

    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 ``Health Impacts of Nuclear War Act of 
2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) nuclear weapons explosions would have devastating 
        health impacts, including immediate radiation exposure, thermal 
        burns, and blast injuries;
            (2) a large body of scientific literature suggests that the 
        impacts of wide-spread nuclear weapons explosions are likely to 
        extend well beyond the immediate effect of the explosions and 
        may include long-lasting and catastrophic environmental 
        effects, including--
                    (A) the generation of vast quantities of soot as a 
                result of firestorms generated by nuclear explosions;
                    (B) the injection of such soot into the 
                stratosphere;
                    (C) a significant reduction in sunlight reaching 
                the Earth's surface as a result of such soot, causing a 
                significant reduction in Earth's surface temperatures, 
                substantial changes to precipitation and ocean 
                circulation patterns, and a dramatic decrease in crop 
                and fisheries yields; and
                    (D) damage to the ozone layer as a result of such 
                soot, causing increased ultraviolet radiation at the 
                Earth's surface;
            (3) such an environmental catastrophe could impact the 
        United States even if the nuclear weapons explosions were 
        outside the United States;
            (4) the health consequences of such an environmental 
        catastrophe would be severe and long-lasting and may include--
                    (A) increased cancer rates as a result of higher 
                ultra-violet radiation levels or radioactive fallout;
                    (B) malnutrition as a result of decreases in 
                agricultural and fisheries productivity after an abrupt 
                reduction in sunlight;
                    (C) infectious disease spread due to deteriorated 
                public health concerns and compromised immunity;
                    (D) hypothermia, frostbite, and other consequences 
                of exposure to extreme cold; and
                    (E) other, cascading effects, such as consequences 
                of widespread damage to critical infrastructure;
            (5) such health consequences may be even more damaging and 
        long-lasting than the initial impact of nuclear explosions, and 
        the prospects for recovery from such consequences are currently 
        unclear;
            (6) such health consequences should be considered when 
        preparing all-hazards emergency plans as a component of 
        chemical, biological, radiological, and nuclear threats;
            (7) the focus of existing Federal Government preparedness 
        and planning for nuclear threats has primarily been on 
        individual nuclear detonation incidents, and not on responding 
        to the long-term environmental and health impacts; and
            (8) research into, and preparedness for, the health 
        consequences of the environmental impacts of nuclear war is of 
        critical importance to the national security of the United 
        States.

SEC. 3. HEALTH CONSEQUENCES OF THE ENVIRONMENTAL IMPACTS OF NUCLEAR 
              WAR.

    Subtitle C of title XXVIII of the Public Health Service Act (42 
U.S.C. 300hh-31 et seq.) is amended by adding at the end the following:

``SEC. 2827. HEALTH CONSEQUENCES OF THE ENVIRONMENTAL IMPACTS OF 
              NUCLEAR WAR.

    ``(a) Definitions.--In this section:
            ``(1) Environmental impacts of nuclear war.--The term 
        `environmental impacts of nuclear war' means changes to the 
        environment resulting, either directly or indirectly, from the 
        explosion of nuclear weapons, including--
                    ``(A) the generation of vast quantities of soot as 
                a result of firestorms generated by nuclear explosions;
                    ``(B) the injection of such soot into the 
                stratosphere;
                    ``(C) a significant reduction in sunlight reaching 
                the Earth's surface as a result of such soot, causing a 
                significant reduction in Earth's surface temperatures, 
                substantial changes to precipitation and ocean 
                circulation patterns, and a dramatic decrease in crop 
                and fisheries yields;
                    ``(D) damage to the ozone layer as a result of such 
                soot, causing increased ultraviolet radiation at the 
                Earth's surface; and
                    ``(E) other impacts, as determined by the 
                Secretary.
            ``(2) Health consequences of the environmental impacts of 
        nuclear war.--The term `health consequences of the 
        environmental impacts of nuclear war' means adverse effects on 
        the physical or mental well-being of individuals resulting, 
        either directly or indirectly, from environmental impacts of 
        nuclear war, including--
                    ``(A) increased cancer rates as a result of higher 
                ultra-violet radiation levels or radioactive fallout;
                    ``(B) malnutrition as a result of decreases in 
                agricultural and fisheries productivity after an abrupt 
                reduction in sunlight;
                    ``(C) infectious disease spread due to deteriorated 
                public health conditions and compromised immunity, 
                including due to malnutrition;
                    ``(D) hypothermia, frostbite, and other 
                consequences of exposure to extreme cold; and
                    ``(E) other consequences, as determined by the 
                Secretary.
            ``(3) Nuclear war.--The term `nuclear war' means military 
        conflict involving the detonation of multiple nuclear weapons.
    ``(b) Research Grants To Study the Health Consequences of the 
Environmental Impacts of Nuclear War.--
            ``(1) Research and preparedness program.--The Secretary, in 
        collaboration with the Director of the National Institutes of 
        Health, the Director of the Centers for Disease Control and 
        Prevention, and the Assistant Secretary for Preparedness and 
        Response, shall develop and implement a 5-year research and 
        preparedness program, which may include activities carried out 
        by the Secretary, as well as grants, contracts, and cooperative 
        agreements awarded to eligible entities, to address the health 
        consequences of the environmental impacts of nuclear war.
            ``(2) Components of research and preparedness program.--The 
        program may include--
                    ``(A) scientific study of the potential health 
                consequences of the environmental impacts of nuclear 
                war, including the longevity of such effects and the 
                prospects for recovery;
                    ``(B) exercises and drills to understand possible 
                health system response to the environmental impacts of 
                nuclear war;
                    ``(C) identifying and addressing capability and 
                capacity gaps for health system response to the 
                environmental impacts of nuclear war; and
                    ``(D) developing countermeasures to combat the 
                health effects of the environmental impacts of nuclear 
                war.
            ``(3) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreement described in 
        paragraph (1), an entity shall--
                    ``(A) be--
                            ``(i) a nonprofit entity;
                            ``(ii) a nonprofit research institution; or
                            ``(iii) an institution of higher education 
                        (as defined in section 102 of the Higher 
                        Education Act of 1965); and
                    ``(B) submit an application to the Secretary, at 
                such time, in such manner, and containing such 
                information as the Secretary may require.
            ``(4) Authorization of appropriations.--To carry out this 
        subsection, there are authorized to be appropriated $10,000,000 
        for each of fiscal years 2024 through 2028.
    ``(c) Assessment and Recommendations by the Secretary.--
            ``(1) Assessment.--The Secretary shall conduct an 
        assessment of the ability of the health systems of the United 
        States to respond to the health consequences of the 
        environmental impacts of nuclear war, including--
                    ``(A) an assessment of the possible health 
                consequences of the environmental impacts of nuclear 
                war;
                    ``(B) an assessment of existing State and Federal 
                governmental preparedness and response authorities, 
                capabilities, protocols, and plans to respond to the 
                likely health consequences of the environmental impacts 
                of nuclear war;
                    ``(C) an assessment of current countermeasures to 
                address the range of likely health impacts in the event 
                of environmental impacts of nuclear war;
                    ``(D) an assessment of the current scientific 
                uncertainties relating to the environmental 
                consequences of nuclear war, their health consequences, 
                and their implications for preparedness;
                    ``(E) recommendations for further scientific 
                research to address any uncertainties identified under 
                subparagraph (D); and
                    ``(F) identification and prioritization of the most 
                critical preparedness and response gaps of the United 
                States to address the health consequences of the 
                environmental impacts of nuclear war.
            ``(2) Assessment report.--Not later than 1 year after the 
        date of enactment of the Health Impacts of Nuclear War Act of 
        2023, the Secretary shall prepare and submit to the Committee 
        on Health, Education, Labor, and Pensions of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report that contains the findings of the 
        study conducted under paragraph (1).
            ``(3) Coordination.--In carrying out the assessment under 
        paragraph (1), the Secretary shall coordinate with the 
        following:
                    ``(A) Each of the following heads of agencies or 
                departments (or the designees of such heads):
                            ``(i) The Director of the National 
                        Institutes of Health.
                            ``(ii) The Assistant Secretary for 
                        Preparedness and Response.
                            ``(iii) The Director of the Centers for 
                        Disease Control and Prevention.
                            ``(iv) The Assistant to the President for 
                        National Security Affairs.
                            ``(v) The Director of the Office of Science 
                        and Technology Policy.
                            ``(vi) The Secretary of Energy.
                            ``(vii) The Under Secretary of Energy for 
                        Nuclear Security.
                            ``(viii) The Administrator of the National 
                        Nuclear Security Administration.
                            ``(ix) The Director of the Office of 
                        Science of the Department of Energy.
                            ``(x) The Secretary of Commerce.
                            ``(xi) The Under Secretary of Commerce for 
                        Oceans and Atmosphere.
                            ``(xii) The Director of the National Center 
                        for Atmospheric Research.
                            ``(xiii) The Secretary of the Interior.
                            ``(xiv) The Director of the United States 
                        Geological Survey.
                            ``(xv) The Administrator of the 
                        Environmental Protection Agency.
                            ``(xvi) The Director of the National 
                        Science Foundation.
                            ``(xvii) The Secretary of Defense.
                            ``(xviii) The Director of the Defense 
                        Threat Reduction Agency.
                            ``(xix) The Chairman of the Joint Chiefs of 
                        Staff.
                            ``(xx) The Secretary of State.
                            ``(xxi) The Under Secretary of State for 
                        Arms Control and International Security.
                            ``(xxii) The Administrator of the Federal 
                        Emergency Management Authority.
                            ``(xxiii) The Secretary of Agriculture.
                            ``(xxiv) The Secretary of Homeland 
                        Security.
                    ``(B) Other stakeholders, as the Secretary 
                determines appropriate.''.

SEC. 4. SCOPE OF NUCLEAR THREATS.

    The Public Health Service Act is amended--
            (1) in section 319C-1 (42 U.S.C. 247d-3a)--
                    (A) in subsection (b)(2)(A)(i), by inserting ``and 
                with respect to the health consequences of the 
                environmental impacts of nuclear war, as defined in 
                section 2827'' after ``nuclear threats''; and
                    (B) in subsection (g)(1)(A), by inserting ``and 
                with respect to the health consequences of the 
                environmental impacts of nuclear war, as defined in 
                section 2827'' after ``nuclear threats'';
            (2) in section 319C-2(c) (42 U.S.C. 247d-3b), by inserting 
        ``and with respect to the health consequences of the 
        environmental impacts of nuclear war, as defined in section 
        2827'' after ``nuclear threats'';
            (3) in section 319C-3(c)(1) (42 U.S.C. 247d-3c(c)(1)), by 
        inserting ``and with respect to the health consequences of the 
        environmental impacts of nuclear war, as defined in section 
        2827'' after ``infectious diseases'';
            (4) in section 319F(d)(3)(A) (42 U.S.C. 247d-6(d)(3)(A)), 
        by inserting ``and with respect to the health consequences of 
        the environmental impacts of nuclear war, as defined in section 
        2827'' after ``infectious diseases'';
            (5) in section 319L(c)(4)(F)(i) (42 U.S.C. 247d-
        7e(c)(4)(F)(i)), by inserting ``and with respect to the health 
        consequences of the environmental impacts of nuclear war, as 
        defined in section 2827'' after ``infectious diseases'';
            (6) in section 2801(d)(3) (42 U.S.C. 300hh(d)(3)), by 
        inserting ``and with respect to the health consequences of the 
        environmental impacts of nuclear war, as defined in section 
        2827'' before the semicolon;
            (7) in section 2811 (42 U.S.C. 300hh-10)--
                    (A) in subsection (b)(4)(J)(i), in the matter 
                preceding subclause (I), by inserting ``and with 
                respect to the health consequences of the environmental 
                impacts of nuclear war, as defined in section 2827'' 
                after ``infectious diseases'';
                    (B) in subsection (d)(1), by inserting ``, 
                including the health consequences of the environmental 
                impacts of nuclear war, as defined in section 2827'' 
                after ``nuclear threats''; and
                    (C) in subsection (d)(2)(A), by inserting ``, 
                including with respect to the health consequences of 
                the environmental impacts of nuclear war, as defined in 
                section 2827,'' after ``Nation''; and
            (8) in section 2811-1(c)(1)(A) (42 U.S.C. 300hh-
        10a(c)(1)(A)), by inserting ``and with respect to the health 
        consequences of the environmental impacts of nuclear war, as 
        defined in section 2827'' after ``infectious diseases''.
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