I 

111TH CONGRESS 

1ST SESSION H. R. 1417 

To protect public health and safety, should the testing of nuclear weapons 

by the United States be resumed. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2009 

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: 


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

2 conducted over 900 nuclear weapons tests at the Ne3 vada Test Site. 

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

5 and approximately one-fourth of those were bigger 

6 than the bomb dropped on Hiroshima, Japan. 

7 (3) The remaining 804 tests were detonated un8 derground, yet many of these tests also released sig9 nificant amounts of radioactive fallout into the at10 mosphere. The Shot Baneberry, detonated in 1970, 

11 was buried 900 feet below ground but radioactive 

12 debris erupted 10,000 feet into the air. 

13 (4) Public health researchers studied the impli14 cations of radiation fallout and weapons testing in 

15 1961 and discovered significant negative health ef16 fects. 

17 (5) These research findings were not released 

18 until 1979. In the meantime, American citizens were 

19 never warned about the likelihood of contamination 

20 in areas downwind of the blasts nor were they alert21 ed to adverse health effects associated with radiation 

22 exposure. 

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

24 the Federal Government to address surprisingly high 

25 rates of cancer and other illnesses among people exVerDate Nov 24 2008 01:10 Mar 11, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1417.IH H1417

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1 posed to radioactive fallout, commonly known as 

2 ‘‘downwinders,’’ which led to the passage of the Ra3 diation Exposure Compensation Act in 1990. 

4 (7) To date, only one comprehensive radiation 

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

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

7 more than 150 radionuclides released by the tests to 

8 which the American people were exposed. 

9 (8) This same radioactive fallout study, con10 ducted by the National Cancer Institute, shows that 

11 exposure was not limited to residents of Nevada and 

12 Utah. Extensive radiation exposure has been docu13 mented in all of the contiguous 48 States, with some 

14 counties in the Midwest and the eastern United 

15 States receiving more fallout than some areas di16 rectly downwind of the Nevada Test 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 Test Site. 

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

23 Test Site for testing of a nuclear weapon. 

24 (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 NTS.—Whenever a test of a nuclear 

19 weapon by the United States results in a release of radi20 ation beyond the boundaries of the Nevada Test Site, the 

21 Secretary of Energy shall provide public notice of each of 

22 the following within one hour of detection of such radi23 ation outside the boundaries of the Nevada Test Site: 

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

25 test. 


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

2 such a release. 

3 (3) The nature and extent of the release, in4 cluding a list of areas potentially at risk from radio5 nuclides, with determination of risk based on such 

6 factors as atmospheric conditions and the quantity 

7 of radionuclides released. 

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

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

10 provision of law that would otherwise require or permit 

11 the information to not be made public. 

12 (d) PUBLIC MEETING REQUIREMENT.—After an un13 derground nuclear test is conducted, the Secretary of En14 ergy shall hold public meetings in southern Utah, Arizona, 

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

16 the nature and extent of any release of radiation as a re17 sult of the test. 

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

19 THE VICINITY OF THE NEVADA TEST SITE. 

20 Not later than one year after the date of the enact21 ment of this Act, the National Academy of Sciences shall, 

22 for purposes of obtaining an independent analysis of the 

23 safety, health, and environmental issues related to under24 ground nuclear testing and ensuring the safety and health 

25 of citizens who live near the Nevada Test Site, complete 


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1 a study on the safety, health, and environmental measures 

2 that the National Nuclear Security Administration has 

3 taken with respect to underground nuclear testing. The 

4 study shall also recommend additional measures that 

5 might be taken, if required, to ensure the safety and 

6 health of such citizens. 

7 SEC. 7. NEVADA TEST SITE CITIZENS REVIEW BOARD. 

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

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

10 Energy shall establish a Nevada Test Site Citizens Review 

11 Board (hereafter in this section referred to as the 

12 ‘‘Board’’) to address environmental, health, and safety 

13 issues related to nuclear testing at the Nevada Test Site. 

14 (b) MEMBERSHIP.— 

15 (1) IN GENERAL.—The Board shall be com16 posed of nine members appointed by the Secretary 

17 of Energy, of whom— 

18 (A) three members shall be citizens of Ne19 vada, of whom— 

20 (i) one shall be a State official with 

21 expertise in the fields of environmental 

22 safety, health, or air quality; and 

23 (ii) two shall be community represent24 atives; 


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1 (B) three members shall be citizens of Ari2 zona, of whom— 

3 (i) one shall be a State official with 

4 expertise in the fields of environmental 

5 safety, health, or air quality; and 

6 (ii) two shall be community represent7 atives; and 

8 (C) three members shall be citizens of 

9 Utah, of whom— 

10 (i) one shall be a State official with 

11 expertise in the fields of environmental 

12 safety, health, or air quality; and 

13 (ii) two shall be community represent14 atives. 

15 (2) RECOMMENDATIONS FOR APPOINTMENTS.— 

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

17 appointed under paragraph (1)(A) shall be ap18 pointed from among any individuals that are 

19 recommended for such appointment by the chief 

20 executive officer of the State of Nevada. 

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

22 appointed under paragraph (1)(B) 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 Arizona. 


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1 (C) UTAH.—The members of the Board 

2 appointed under paragraph (1)(C) 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 Utah pursuant 

6 to such recommendations as have been made 

7 jointly by the Five County Association of Gov8 ernments and the Six County Association of 

9 Governments, Utah. 

10 (c) MEETINGS.— 

11 (1) IN GENERAL.—The Board shall meet annu12 ally, together with the Nevada Test Site Office Man13 ager, to discuss environmental, health, and safety 

14 issues at the Nevada Test Site. 

15 (2) REVIEW OF PROPOSED NUCLEAR TESTS.— 

16 The Board shall meet not later than 180 days prior 

17 to any proposed nuclear test at the Nevada Test Site 

18 to discuss environmental, health, and safety issues 

19 related to such proposed test. 

20 SEC. 8. GRANT PROGRAM FOR INDEPENDENT RADIATION 

21 MONITORING. 

22 (a) GRANTS AUTHORIZED.—From amounts made 

23 available to carry out this section, the Secretary of Home24 land Security, acting through the Office for Domestic Pre25 paredness, shall carry out a program under which the SecVerDate Nov 24 2008 01:10 Mar 11, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1417.IH H1417

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1 retary makes grants to institutions of higher education for 

2 use by those institutions only to acquire radiation detec3 tion equipment and sensors and, for a period of 10 years 

4 thereafter, to maintain and operate such equipment and 

5 sensors. 

6 (b) PREFERENCE.—In making grants under this sec7 tion, the Secretary shall give preference to institutions in 

8 those States that received high levels of fallout from nu9 clear weapons tests, as determined by data collected by 

10 the National Cancer Institute. 

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

12 grant, the institution shall, whenever the United States 

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

14 referred to in subsection (a)— 

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

16 monitoring to determine the nature and amount of 

17 any radiation from the test that reaches such sen18 sors; and 

19 (2) ensure that all information on radiation ob20 tained through monitoring under paragraph (1) is 

21 made available to the public. 

22 SEC. 9. MONITORING OF RELEASES OF RADIATION INTO 

23 THE ATMOSPHERE. 

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

25 United States carries out a test of a nuclear weapon, monVerDate Nov 24 2008 01:10 Mar 11, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1417.IH H1417

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1 itoring to determine the nature and extent of any radiation 

2 released into the atmosphere shall be carried out by— 

3 (1) the Secretary of Energy, using— 

4 (A) all available monitoring systems of the 

5 Department of Energy located on or off the test 

6 site; and 

7 (B) any other complementary monitoring 

8 system located off the test site that is made 

9 available to the Secretary by the head of any 

10 other element of the Federal Government; and 

11 (2) the Administrator of the Environmental 

12 Protection Agency, using one or more monitoring 

13 systems and in consultation with the head of any 

14 other element of the Federal Government with a 

15 monitoring system located off the test site. 

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

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

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

19 (c) MONITORING STATIONS.—The Secretary of En20 ergy shall ensure that, not later than one year after the 

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

22 one monitoring station that is established and operational 

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

24 such a monitoring station as of that date. 

25 (d) EPA MONITORING.— 


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1 (1) IN GENERAL.—The monitoring under sub2 section (a)(2) by the Administrator of the Environ3 mental Protection Agency shall use a combination of 

4 temporary ground sensors, permanent ground sen5 sors, and airborne sensors. 

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

7 sensors required by paragraph (1) that operate by 

8 gathering air particulates shall have real-time moni9 toring capabilities. 

10 (3) PLACEMENT.—The Administrator of the 

11 Environmental Protection Agency shall determine 

12 the locations for the sensors required by paragraph 

13 (1) in consultation with the Administrator of the 

14 National Oceanic and Atmospheric Administration, 

15 the head of any other element of the Federal Gov16 ernment with a suitable monitoring system located 

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

18 of the Federal Government that the Administrator 

19 of the Environmental Protection Agency considers 

20 appropriate. The determinations shall be based on 

21 proximity to major agricultural zones, population 

22 centers, public water resources, and areas with high 

23 levels of fallout from previous tests. 

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

25 Secretary and the Administrator of the Environmental 


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1 Protection Agency each shall ensure that all information 

2 on radiation obtained through monitoring under sub3 section (a) is made available to the public on the Internet 

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

5 hours after such information is collected. 

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

7 such test, the head of any element of the Federal Govern8 ment determines that a release of radiation beyond the 

9 boundaries of the NTS has occurred— 

10 (1) the Administrator of the Environmental 

11 Protection Agency shall immediately submit a report 

12 to Congress providing notice of that determination; 

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

14 nuclear weapons, except as otherwise provided in an 

15 Act enacted after the date of the test; and 

16 (3) the Attorney General shall carry out a pro17 gram, substantially similar to the program under 

18 section 4 of the Radiation Exposure Compensation 

19 Act (42 U.S.C. 2210 note), under which compensa20 tion is provided to individuals adversely affected by 

21 that release of radiation. 

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

23 OF RADIATION AND HUMAN HEALTH. 

24 (a) ESTABLISHMENT.—From amounts made avail25 able to carry out this section, the Director of the National 


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1 Institutes of Health shall make a grant to a university 

2 or a consortium of universities located in the inter3 mountain west region of the United States to establish, 

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

5 to be known as the National Center for the Study of Radi6 ation and Human Health. 

7 (b) ACTIVITIES.—The activities of the National Cen8 ter for the Study of Radiation and Human Health shall 

9 include the following: 

10 (1) Awarding grants to institutions of higher 

11 education for research on the relationship between 

12 radiation and human health, including any health ef13 fects or illness related to exposure to particular ra14 dioactive isotopes. 

15 (2) Studying the relationship between radiation 

16 and human health, including fallout data collection. 

17 (3) Coordinating efforts relating to research on 

18 radiation and human health. 

19 (4) Collecting, maintaining, and making avail20 able to the public by means of the Internet an ar21 chive of fallout data and human health effects data. 

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

23 Radiation and Human Health shall submit to Congress, 

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

25 activities of the Center. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 SEC. 11. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR 

5 WEAPONS TESTS. 

6 Not later than 3 years after the date of the enact7 ment of this Act, the Secretary of Health and Human 

8 Services, acting through the Director of the National Can9 cer Institute, shall— 

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

11 radionuclides received by the United States popu12 lation as a result of exposure to nuclear weapons 

13 tests conducted in the United States; 

14 (2) disaggregate the results of such study by 

15 organ, by radionuclide, and by demographic vari16 ables; 

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

18 of such study; and 

19 (4) make such results publicly available. 

20 SEC. 12. DEFINITION. 

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

22 includes other nuclear explosive devices producing a nu23 clear yield. 

Æ 


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