I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safety for Americans 

5 from Nuclear Weapons Testing Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) From 1951 until 1992, the United States 

9 conducted over 900 nuclear weapons tests at the NeVerDate Mar 15 2010 03:01 Apr 14, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1491.IH H1491

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1 vada Test Site (now referred to as the ‘‘Nevada Na2 tional Security Site’’). 

3 (2) Of those tests, 100 exploded above ground 

4 and approximately one-fourth of those were bigger 

5 than the bomb dropped on Hiroshima, Japan. 

6 (3) The remaining 804 tests were detonated un7 derground, yet many of these tests also released sig8 nificant amounts of radioactive fallout into the at9 mosphere. The Shot Baneberry, detonated in 1970, 

10 was buried 900 feet below ground but radioactive 

11 debris erupted 10,000 feet into the air. 

12 (4) Public health researchers studied the impli13 cations of radiation fallout and weapons testing in 

14 1961 and discovered significant negative health ef15 fects. 

16 (5) These research findings were not released 

17 until 1979. In the meantime, American citizens were 

18 never warned about the likelihood of contamination 

19 in areas downwind of the blasts nor were they alert20 ed to adverse health effects associated with radiation 

21 exposure. 

22 (6) During the 1980s, public pressure forced 

23 the Federal Government to address surprisingly high 

24 rates of cancer and other illnesses among people ex25 posed to radioactive fallout, commonly known as 


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1 ‘‘downwinders,’’ which led to the passage of the Ra2 diation Exposure Compensation Act in 1990. 

3 (7) To date, only one comprehensive radiation 

4 exposure study of an isotope, iodine-131, has been 

5 conducted and released. Iodine-131 is only one of 

6 more than 150 radionuclides released by the tests to 

7 which the American people were exposed. 

8 (8) This same radioactive fallout study, con9 ducted by the National Cancer Institute, shows that 

10 exposure was not limited to residents of Nevada and 

11 Utah. Extensive radiation exposure has been docu12 mented in all of the contiguous 48 States, with some 

13 counties in the Midwest and the eastern United 

14 States receiving more fallout than some areas di15 rectly downwind of the Nevada National Security 

16 Site. 

17 (9) The United States has engaged in a mora18 torium on nuclear weapons testing since 1992. How19 ever, the United States might in the future decide 

20 to resume nuclear weapons testing. 

21 (10) Before any resumption of nuclear weapons 

22 testing, the American public deserves much greater 

23 accountability from the Federal Government with re24 spect to the health and safety aspects of nuclear 

25 weapons testing. 


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1 (11) Therefore, the Federal Government must 

2 ensure public safety in the event of future nuclear 

3 weapons tests through a thorough analysis of the en4 vironmental effects of testing, public notification, 

5 comprehensive and independent test monitoring, and 

6 extensive health research efforts. 

7 SEC. 3. TREATMENT UNDER NATIONAL ENVIRONMENTAL 

8 POLICY ACT OF 1969 OF ACTIONS RELATING 

9 TO NUCLEAR WEAPONS TESTS. 

10 (a) IN GENERAL.—Each of the actions described in 

11 subsection (b) by a Federal agency is deemed to be a 

12 major Federal action significantly affecting the quality of 

13 the human environment for which a separate detailed envi14 ronmental impact statement is required under section 

15 102(2)(C) of the National Environmental Policy Act of 

16 1969 (42 U.S.C. 4332). 

17 (b) ACTIONS DESCRIBED.—The actions referred to in 

18 subsection (a) are the following: 

19 (1) Any action having as a purpose the resump20 tion of testing of one or more nuclear weapons at 

21 the Nevada National Security Site. 

22 (2) Use of a location other than the Nevada 

23 National Security Site for testing of a nuclear weap24 on. 

25 (c) INCLUDED INFORMATION.— 


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1 (1) IN GENERAL.—The head of a Federal agen2 cy shall include in the environmental impact state3 ment prepared for an action described in subsection 

4 (b) a detailed description of— 

5 (A) the possibility of radiation containment 

6 failure as a result of the action and the effects 

7 of such containment failure; and 

8 (B) possible long-term effects on the water 

9 table from underground radiation leakage re10 sulting from the action. 

11 (2) INFORMATION FOR CATEGORIES OF WEAP12 ONS.—In the case of an action described in sub13 section (b) that is expected to result in the testing 

14 of more than one nuclear weapon, the description re15 quired under paragraph (1) shall be included, sepa16 rately, with respect to each of the following 3 classes 

17 of weapons that might be the subject of such tests: 

18 (A) Weapons having a yield of less than 15 

19 kilotons. 

20 (B) Weapons having a yield of not less 

21 than 15 kilotons and not greater than 50 kilo22 tons. 

23 (C) Weapons having a yield greater than 

24 50 kilotons. 


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1 (d) AVAILABILITY OF STATEMENTS.—The head of a 

2 Federal agency that carries out an action described in sub3 section (b)— 

4 (1) shall make publicly available the detailed 

5 statement required for the action under section 

6 102(2)(C) of the National Environmental Policy Act 

7 of 1969, notwithstanding the existence of a classified 

8 annex for the statement; and 

9 (2) shall submit to the Congress each classified 

10 annex to such a statement. 

11 (e) EXISTING STATEMENTS NOT SUFFICIENT.—Any 

12 statement prepared before the date of the enactment of 

13 this Act shall not be treated as the statement required 

14 by section 102(2)(C) of the National Environmental Pol15 icy Act of 1969 with respect to an action described in sub16 section (b). 

17 SEC. 4. CONGRESSIONAL AUTHORIZATION REQUIRED FOR 

18 RESUMPTION OF NUCLEAR WEAPONS TEST19 ING. 

20 The United States may not resume testing of nuclear 

21 weapons unless authorized by a law enacted after the date 

22 of the enactment of this Act. 

23 SEC. 5. PUBLIC NOTICE REQUIREMENTS. 

24 (a) ADVANCE PUBLIC NOTICE OF EACH TEST.— 


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1 (1) IN GENERAL.—The United States may not 

2 carry out a test of a nuclear weapon unless, for each 

3 such test, the President first provides, not less than 

4 7 days before the date of the test, public notice of 

5 each of the following: 

6 (A) The fact that such a test is to be car7 ried out. 

8 (B) The date and approximate time of the 

9 test. 

10 (C) The location of the test, including spe11 cific longitude and latitude. 

12 (2) REVISIONS.—To the extent any information 

13 provided pursuant to paragraph (1) changes, the 

14 President shall promptly provide public notice of the 

15 changes and of any other information necessary to 

16 comply with paragraph (1). 

17 (b) PROMPT NOTICE OF EACH RELEASE OF RADI18 ATION BEYOND NEVADA NATIONAL SECURITY SITE.— 

19 Whenever a test of a nuclear weapon by the United States 

20 results in a release of radiation beyond the boundaries of 

21 the Nevada National Security Site, the Secretary of En22 ergy shall provide public notice of each of the following 

23 within one hour of detection of such radiation outside the 

24 boundaries of the Nevada National Security Site: 


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1 (1) The actual date, time, and location of the 

2 test. 

3 (2) The fact that such a test has resulted in 

4 such a release. 

5 (3) The nature and extent of the release, in6 cluding a list of areas potentially at risk from radio7 nuclides, with determination of risk based on such 

8 factors as atmospheric conditions and the quantity 

9 of radionuclides released. 

10 (c) RULE OF CONSTRUCTION.—The requirements of 

11 subsections (a) and (b) shall apply notwithstanding any 

12 provision of law that would otherwise require or permit 

13 the information to not be made public. 

14 (d) PUBLIC MEETING REQUIREMENT.—After an un15 derground nuclear test is conducted, the Secretary of En16 ergy shall hold public meetings in southern Utah, Arizona, 

17 and Nevada to discuss the details of the test, including 

18 the nature and extent of any release of radiation as a re19 sult of the test. 

20 SEC. 6. STUDY ON SAFETY AND HEALTH OF CITIZENS IN 

21 THE VICINITY OF THE NEVADA NATIONAL SE22 CURITY SITE. 

23 Not later than one year after the date of the enact24 ment of this Act, the National Academy of Sciences shall, 

25 for purposes of obtaining an independent analysis of the 


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1 safety, health, and environmental issues related to under2 ground nuclear testing and ensuring the safety and health 

3 of citizens who live near the Nevada National Security 

4 Site, complete a study on the safety, health, and environ5 mental measures that the National Nuclear Security Ad6 ministration has taken with respect to underground nu7 clear testing. The study shall also recommend additional 

8 measures that might be taken, if required, to ensure the 

9 safety and health of such citizens. 

10 SEC. 7. NEVADA NATIONAL SECURITY SITE CITIZENS RE11 VIEW BOARD. 

12 (a) ESTABLISHMENT.—Not later than 180 days after 

13 the date of the enactment of this Act, the Secretary of 

14 Energy shall establish a Nevada National Security Site 

15 Citizens Review Board (hereafter in this section referred 

16 to as the ‘‘Board’’) to address environmental, health, and 

17 safety issues related to nuclear testing at the Nevada Na18 tional Security Site. 

19 (b) MEMBERSHIP.— 

20 (1) IN GENERAL.—The Board shall be com21 posed of nine members appointed by the Secretary 

22 of Energy, of whom— 

23 (A) three members shall be citizens of Ne24 vada, of whom— 


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1 (i) one shall be a State official with 

2 expertise in the fields of environmental 

3 safety, health, or air quality; and 

4 (ii) two shall be community represent5 atives; 

6 (B) three members shall be citizens of Ari7 zona, of whom— 

8 (i) one shall be a State official with 

9 expertise in the fields of environmental 

10 safety, health, or air quality; and 

11 (ii) two shall be community represent12 atives; and 

13 (C) three members shall be citizens of 

14 Utah, of whom— 

15 (i) one shall be a State official with 

16 expertise in the fields of environmental 

17 safety, health, or air quality; and 

18 (ii) two shall be community represent19 atives. 

20 (2) RECOMMENDATIONS FOR APPOINTMENTS.— 

21 (A) NEVADA.—The members of the Board 

22 appointed under paragraph (1)(A) shall be ap23 pointed from among any individuals that are 

24 recommended for such appointment by the chief 

25 executive officer of the State of Nevada. 


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1 (B) ARIZONA.—The members of the Board 

2 appointed under paragraph (1)(B) shall be ap3 pointed from among any individuals that are 

4 recommended for such appointment by the chief 

5 executive officer of the State of Arizona. 

6 (C) UTAH.—The members of the Board 

7 appointed under paragraph (1)(C) shall be ap8 pointed from among any individuals that are 

9 recommended for such appointment by the chief 

10 executive officer of the State of Utah pursuant 

11 to such recommendations as have been made 

12 jointly by the Five County Association of Gov13 ernments and the Six County Association of 

14 Governments, Utah. 

15 (c) MEETINGS.— 

16 (1) IN GENERAL.—The Board shall meet annu17 ally, together with the Nevada National Security 

18 Site Office Manager, to discuss environmental, 

19 health, and safety issues at the Nevada National Se20 curity Site. 

21 (2) REVIEW OF PROPOSED NUCLEAR TESTS.— 

22 The Board shall meet not later than 180 days prior 

23 to any proposed nuclear test at the Nevada National 

24 Security Site to discuss environmental, health, and 

25 safety issues related to such proposed test. 


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1 SEC. 8. GRANT PROGRAM FOR INDEPENDENT RADIATION 

2 MONITORING. 

3 (a) GRANTS AUTHORIZED.—From amounts made 

4 available to carry out this section, the Secretary of Home5 land Security, acting through the Office for Domestic Pre6 paredness, shall carry out a program under which the Sec7 retary makes grants to institutions of higher education for 

8 use by those institutions only to acquire radiation detec9 tion equipment and sensors and, for a period of 10 years 

10 thereafter, to maintain and operate such equipment and 

11 sensors. 

12 (b) PREFERENCE.—In making grants under this sec13 tion, the Secretary shall give preference to institutions in 

14 those States that received high levels of fallout from nu15 clear weapons tests, as determined by data collected by 

16 the National Cancer Institute. 

17 (c) CONDITIONS.—As a condition of receiving a 

18 grant, the institution shall, whenever the United States 

19 carries out a test of a nuclear weapon during the period 

20 referred to in subsection (a)— 

21 (1) use the equipment and sensors to carry out 

22 monitoring to determine the nature and amount of 

23 any radiation from the test that reaches such sen24 sors; and 


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1 (2) ensure that all information on radiation ob2 tained through monitoring under paragraph (1) is 

3 made available to the public. 

4 SEC. 9. MONITORING OF RELEASES OF RADIATION INTO 

5 THE ATMOSPHERE. 

6 (a) MONITORING BY DOE AND EPA.—Whenever the 

7 United States carries out a test of a nuclear weapon, mon8 itoring to determine the nature and extent of any radiation 

9 released into the atmosphere shall be carried out by— 

10 (1) the Secretary of Energy, using— 

11 (A) all available monitoring systems of the 

12 Department of Energy located on or off the test 

13 site; and 

14 (B) any other complementary monitoring 

15 system located off the test site that is made 

16 available to the Secretary by the head of any 

17 other element of the Federal Government; and 

18 (2) the Administrator of the Environmental 

19 Protection Agency, using one or more monitoring 

20 systems and in consultation with the head of any 

21 other element of the Federal Government with a 

22 monitoring system located off the test site. 

23 (b) DOE ASSESSMENT OF CONTAINMENT.—For each 

24 test, the Secretary of Energy shall assess and evaluate the 

25 containment of radiation, both before and after the test. 


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1 (c) MONITORING STATIONS.—The Secretary of En2 ergy shall ensure that, not later than one year after the 

3 date of the enactment of this Act, there shall be at least 

4 one monitoring station that is established and operational 

5 in each county of the State of Utah that has requested 

6 such a monitoring station as of that date. 

7 (d) EPA MONITORING.— 

8 (1) IN GENERAL.—The monitoring under sub9 section (a)(2) by the Administrator of the Environ10 mental Protection Agency shall use a combination of 

11 temporary ground sensors, permanent ground sen12 sors, and airborne sensors. 

13 (2) REAL-TIME MONITORING REQUIRED.—Any 

14 sensors required by paragraph (1) that operate by 

15 gathering air particulates shall have real-time moni16 toring capabilities. 

17 (3) PLACEMENT.—The Administrator of the 

18 Environmental Protection Agency shall determine 

19 the locations for the sensors required by paragraph 

20 (1) in consultation with the Administrator of the 

21 National Oceanic and Atmospheric Administration, 

22 the head of any other element of the Federal Gov23 ernment with a suitable monitoring system located 

24 off the test site, and the head of any other element 

25 of the Federal Government that the Administrator 


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1 of the Environmental Protection Agency considers 

2 appropriate. The determinations shall be based on 

3 proximity to major agricultural zones, population 

4 centers, public water resources, and areas with high 

5 levels of fallout from previous tests. 

6 (e) PUBLIC NOTICE OF MONITORING DATA.—The 

7 Secretary and the Administrator of the Environmental 

8 Protection Agency each shall ensure that all information 

9 on radiation obtained through monitoring under sub10 section (a) is made available to the public on the Internet 

11 as soon as available, and in any event not more than 24 

12 hours after such information is collected. 

13 (f) FINDING OF RELEASE.—If, in monitoring any 

14 such test, the head of any element of the Federal Govern15 ment determines that a release of radiation beyond the 

16 boundaries of the Nevada National Security Site has oc17 curred— 

18 (1) the Administrator of the Environmental 

19 Protection Agency shall immediately submit a report 

20 to Congress providing notice of that determination; 

21 (2) the United States shall stop all testing of all 

22 nuclear weapons, except as otherwise provided in an 

23 Act enacted after the date of the test; and 

24 (3) the Attorney General shall carry out a pro25 gram, substantially similar to the program under 


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1 section 4 of the Radiation Exposure Compensation 

2 Act (42 U.S.C. 2210 note), under which compensa3 tion is provided to individuals adversely affected by 

4 that release of radiation. 

5 SEC. 10. ESTABLISHMENT OF THE CENTER FOR THE STUDY 

6 OF RADIATION AND HUMAN HEALTH. 

7 (a) ESTABLISHMENT.—From amounts made avail8 able to carry out this section, the Director of the National 

9 Institutes of Health shall make a grant to a university 

10 or a consortium of universities located in the inter11 mountain west region of the United States to establish, 

12 maintain, and operate a center described in subsection (b), 

13 to be known as the National Center for the Study of Radi14 ation and Human Health. 

15 (b) ACTIVITIES.—The activities of the National Cen16 ter for the Study of Radiation and Human Health shall 

17 include the following: 

18 (1) Awarding grants to institutions of higher 

19 education for research on the relationship between 

20 radiation and human health, including any health ef21 fects or illness related to exposure to particular ra22 dioactive isotopes. 

23 (2) Studying the relationship between radiation 

24 and human health, including fallout data collection. 


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1 (3) Coordinating efforts relating to research on 

2 radiation and human health. 

3 (4) Collecting, maintaining, and making avail4 able to the public by means of the Internet an ar5 chive of fallout data and human health effects data. 

6 (c) REPORT.—The National Center for the Study of 

7 Radiation and Human Health shall submit to Congress, 

8 and make available to the public, an annual report on the 

9 activities of the Center. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

12 necessary to carry out this section. 

13 SEC. 11. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR 

14 WEAPONS TESTS. 

15 Not later than 3 years after the date of the enact16 ment of this Act, the Secretary of Health and Human 

17 Services, acting through the Director of the National Can18 cer Institute, shall— 

19 (1) complete a study to estimate the dose of all 

20 radionuclides received by the United States popu21 lation as a result of exposure to nuclear weapons 

22 tests conducted in the United States; 

23 (2) disaggregate the results of such study by 

24 organ, by radionuclide, and by demographic vari25 ables; 


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1 (3) submit a report to Congress on the results 

2 of such study; and 

3 (4) make such results publicly available. 

4 SEC. 12. NEVADA TEST SITE REFERENCE. 

5 Except as otherwise provided, any reference to the 

6 ‘‘Nevada Test Site’’ in this Act or any other law shall be 

7 deemed to be a reference to the ‘‘Nevada National Secu8 rity Site’’. 

9 SEC. 13. DEFINITION. 

10 For purposes of this Act, the term ‘‘nuclear weapon’’ 

11 includes other nuclear explosive devices producing a nu12 clear yield. 

Æ 


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