II 

108TH CONGRESS 

2D SESSION S. 2777 

To protect public health and safety in the event that testing of nuclear 

weapons by the United States is resumed. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2004 

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 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. TREATMENT UNDER NATIONAL ENVIRONMENTAL 

7 POLICY ACT OF ACTIONS RELATING TO NU8 CLEAR WEAPONS TESTS. 

9 (a) IN GENERAL.—Each action of a Federal agency 

10 described in subsection (b) shall be deemed to be a major 
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1 Federal action significantly affecting the quality of the 

2 human environment for which a separate environmental 

3 impact statement is required under section 102(2)(C) of 

4 the National Environmental Policy Act of 1969 (42 U.S.C. 

5 4332(2)(C)). 

6 (b) ACTIONS DESCRIBED.—An action described in 

7 this subsection is any of the following: 

8 (1) The resumption of underground nuclear 

9 testing at the Nevada Test Site. 

10 (2) The use of a location other than the Nevada 

11 Test Site for the resumption of underground nuclear 

12 testing. 

13 (c) INCLUDED INFORMATION.— 

14 (1) IN GENERAL.—The environmental impact 

15 statement prepared under subsection (a) for an ac16 tion described in subsection (b) shall include a de17 tailed description of— 

18 (A) the possibility of radiation containment 

19 failure as a result of the action and the effects 

20 of such containment failure; and 

21 (B) the possible long-term effects on the 

22 water table from underground radiation leakage 

23 resulting from the action. 

24 (2) INFORMATION FOR CATEGORIES OF WEAP25 ONS.—In the case of an action described in sub-
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1 section (b) that is expected to result in the testing 

2 of more than one nuclear weapon or nuclear explo3 sive device, the information required under para4 graph (1) shall be included separately with respect 

5 to each, if any, of the following 3 classes of weapons 

6 and devices that is the subject of such tests: 

7 (A) Weapons and devices having a yield of 

8 less than 15 kilotons. 

9 (B) Weapons and devices having a yield of 

10 not less than 15 kilotons and not greater than 

11 50 kilotons. 

12 (C) Weapons and devices having a yield of 

13 greater than 50 kilotons. 

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

15 Federal agency that carries out an action described in sub16 section (b)— 

17 (1) shall make available to the public the de18 tailed statement required for the action under sec19 tion 102(2)(C) of the National Environmental Policy 

20 Act of 1969, except that the head of an agency shall 

21 not make available to the public any classified annex 

22 to such statement; and 

23 (2) shall submit to Congress each classified 

24 annex to such statement. 
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1 (e) EXISTING STATEMENTS NOT SUFFICIENT.—No 

2 statement prepared before the date of the enactment of 

3 this Act shall be treated as the statement required by sec4 tion 102(2)(C) of the National Environmental Policy Act 

5 of 1969 with respect to an action described in subsection 

6 (b). 

7 SEC. 3. CONGRESSIONAL AUTHORIZATION REQUIRED FOR 

8 RESUMPTION OF NUCLEAR WEAPONS TEST9 ING. 

10 The United States may not resume underground nu11 clear testing unless authorized by an Act enacted after the 

12 date of the enactment of this Act. 

13 SEC. 4. PUBLIC NOTICE REQUIREMENTS. 

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

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

16 resume underground nuclear testing unless the Sec17 retary of Energy first provides, not later than 7 

18 days before the date of the test, public notice of the 

19 fact that such test is to be carried out. 

20 (2) REVISIONS.—The President shall promptly 

21 provide to the public notice of any change to the in22 formation provided pursuant to paragraph (1). 

23 (b) PROMPT NOTICE OF EACH TEST.—After each 

24 underground nuclear test at the Nevada Test Site, the 
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1 Secretary of Energy shall promptly provide to the public 

2 notice of each of the following: 

3 (1) The date, time, and location of the test. 

4 (2) The nature and extent of any release of ra5 diation resulting from such test. 

6 (c) PUBLIC MEETING REQUIREMENT.—After an un7 derground nuclear test is conducted, the Secretary of En8 ergy shall hold a public meeting in southern Utah to dis9 cuss the details of the test, including the nature and extent 

10 of any release of radiation as a result of the test. 

11 (d) RULE OF CONSTRUCTION.—The notice require12 ments under subsections (a) and (b) shall apply notwith13 standing any provision of law that would otherwise require 

14 or permit the information to not be made public. 

15 SEC. 5. STUDY ON SAFETY AND HEALTH OF CITIZENS IN 

16 THE VICINITY OF THE NEVADA TEST SITE. 

17 Not later than one year after the date of the enact18 ment of this Act, the National Academy of Sciences shall, 

19 for purposes of obtaining an independent analysis of the 

20 safety, health, and environmental issues related to under21 ground nuclear testing and ensuring the safety and health 

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

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

24 that the National Nuclear Security Administration has 

25 taken with respect to underground nuclear testing. The 
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1 study shall also recommend additional measures that 

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

3 health of such citizens. 

4 SEC. 6. NEVADA TEST SITE CITIZENS REVIEW BOARD. 

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

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

7 Energy shall establish a Nevada Test Site Citizens Review 

8 Board (hereafter in this section referred to as the 

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

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

11 (b) MEMBERSHIP.— 

12 (1) IN GENERAL.—The Board shall be com13 posed of nine members appointed by the Secretary 

14 of Energy of whom— 

15 (A) three members shall be citizens of Ne16 vada, of whom— 

17 (i) one shall be a State official with 

18 expertise in the fields of environmental 

19 safety, health, or air quality; and 

20 (ii) two shall be community represent21 atives; 

22 (B) three members shall be citizens of Ari23 zona, 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; and 

6 (C) three members shall be citizens of 

7 Utah, 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. 

13 (2) RECOMMENDATIONS FOR APPOINTMENTS.— 

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

15 appointed under paragraph (1)(A) shall be ap16 pointed from among any individuals that are 

17 recommended for such appointment by the chief 

18 executive officer of the State of Nevada. 

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

20 appointed under paragraph (1)(B) shall be ap21 pointed from among any individuals that are 

22 recommended for such appointment by the chief 

23 executive officer of the State of Arizona. 

24 (C) UTAH.—The members of the Board 

25 appointed under paragraph (1)(C) shall be ap-
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1 pointed from among any individuals that are 

2 recommended for such appointment by the chief 

3 executive officer of the State of Utah pursuant 

4 to such recommendations as have been made 

5 jointly by the Five County Association of Gov6 ernments and the Six County Association of 

7 Governments, Utah. 

8 (c) MEETINGS.— 

9 (1) IN GENERAL.—The Board shall meet annu10 ally, together with the Nevada Test Site Office Man11 ager, to discuss environmental, health, and safety 

12 issues at the Nevada Test Site. 

13 (2) REVIEW OF PROPOSED NUCLEAR TESTS.—

14 The Board shall meet not later than 180 days prior 

15 to any proposed nuclear test at the Nevada Test Site 

16 to discuss environmental, health, and safety issues 

17 related to such proposed test. 

18 SEC. 7. GRANT PROGRAM FOR INDEPENDENT RADIATION 

19 MONITORING. 

20 (a) GRANTS AUTHORIZED.—The Secretary of Home21 land Security, acting through the Office for Domestic Pre22 paredness, shall carry out a program under which the Sec23 retary makes grants to institutions of higher education— 

24 (1) to acquire radiation detection equipment 

25 and sensors for use by those institutions; and 
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1 (2) to maintain and operate such equipment 

2 and sensors for a period of 10 years after the award 

3 of such grant to the institution concerned. 

4 (b) PREFERENCE.—In making grants under this sec5 tion, the Secretary shall give preference to institutions lo6 cated in States that have received high levels of fallout 

7 from nuclear weapons tests, as determined by data col8 lected by the National Cancer Institute. 

9 (c) CONDITIONS.—Each institution that receives a 

10 grant under this section shall be required, whenever the 

11 United States carries out an underground nuclear test 

12 during the period referred to in subsection (a)— 

13 (1) to use the equipment and sensors to carry 

14 out monitoring to determine the nature and amount 

15 of any radiation from the test that reaches such sen16 sors; and 

17 (2) to ensure that all information on radiation 

18 obtained through monitoring under paragraph (1) is 

19 made available to the public. 

20 SEC. 8. MONITORING OF RELEASES OF RADIATION INTO 

21 THE ATMOSPHERE. 

22 (a) MONITORING BY DEPARTMENT OF ENERGY AND

23 ENVIRONMENTAL PROTECTION AGENCY.—Whenever the 

24 United States carries out an underground nuclear test, 

25 monitoring to determine the nature and extent of any radi-
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1 ation released into the atmosphere shall be carried out 

2 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) MONITORING STATIONS.—The Secretary of En17 ergy shall ensure that, not later than one year after the 

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

19 one monitoring station that is established and operational 

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

21 such a monitoring station as of that date. 

22 (c) ASSESSMENT OF CONTAINMENT BY DEPARTMENT

23 OF ENERGY.—For each underground nuclear test, the 

24 Secretary of Energy shall assess and evaluate the contain25 ment of radiation before and after the test. 
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1 (d) MONITORING BY ENVIRONMENTAL PROTECTION

2 AGENCY.— 

3 (1) IN GENERAL.—In carrying out monitoring 

4 under subsection (a)(2), the Administrator of the 

5 Environmental Protection Agency shall use a com6 bination of temporary ground sensors, permanent 

7 ground sensors, and airborne sensors. 

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

9 sensors employed pursuant to paragraph (1) that 

10 operate by gathering air particles shall have real11 time monitoring capabilities. 

12 (3) PLACEMENT OF SENSORS.— 

13 (A) CONSULTATION.—In determining the 

14 locations for the sensors employed pursuant to 

15 paragraph (1), the Administrator of the Envi16 ronmental Protection Agency shall consult 

17 with— 

18 (i) the Administrator of the National 

19 Oceanic and Atmospheric Administration; 

20 (ii) the head of any other element of 

21 the Federal Government with a suitable 

22 monitoring system located off the test site; 

23 and 

24 (iii) the head of any other element of 

25 the Federal Government that the Adminis-
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1 trator of the Environmental Protection 

2 Agency considers appropriate. 

3 (B) CRITERIA FOR DETERMINATIONS.—In 

4 determining the locations of sensors under this 

5 paragraph, the Administrator of the Environ6 mental Protection Agency shall consider the 

7 proximity of such locations to major agricul8 tural zones, population centers, public water re9 sources, and areas with high levels of fallout 

10 from previous nuclear tests. 

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

12 Secretary of Energy and the Administrator of the Envi13 ronmental Protection Agency each shall ensure that all in14 formation on radiation obtained through monitoring under 

15 this section is made available to the public on the Internet 

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

17 hours after such information is collected. 

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

19 test under this subsection, the head of any element of the 

20 Federal Government determines that a release of radiation 

21 beyond the boundaries of the Nevada Test Site has oc22 curred— 

23 (1) the Administrator of the Environmental 

24 Protection Agency shall immediately submit a report 

25 to Congress providing notice of such determination; 
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1 (2) the United States shall cease all under2 ground nuclear testing, except as otherwise provided 

3 in an Act enacted after the date of such test; and 

4 (3) the Attorney General shall carry out a pro5 gram, substantially similar to the program carried 

6 out under section 4 of the Radiation Exposure Com7 pensation Act (42 U.S.C. 2210 note), under which 

8 compensation is provided to individuals adversely af9 fected by such release of radiation. 

10 SEC. 9. ESTABLISHMENT OF CENTER FOR THE STUDY OF 

11 RADIATION AND HUMAN HEALTH. 

12 (a) ESTABLISHMENT.—The Director of the National 

13 Institutes of Health shall make a grant to a university 

14 or a consortium of universities located in the inter15 mountain west region of the United States to establish, 

16 maintain, and operate a center to be known as the ‘‘Na17 tional Center for the Study of Radiation and Human 

18 Health’’ (in this section referred to as the ‘‘Center’’). 

19 (b) ACTIVITIES.—The activities of the Center shall 

20 include the following: 

21 (1) Awarding grants to institutions of higher 

22 education for research on the relationship between 

23 radiation and human health, including any health ef24 fects or illness related to exposure to particular ra25 dioactive isotopes. 
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1 (2) Studying the relationship between radiation 

2 and human health, including fallout data collection. 

3 (3) Coordinating efforts relating to research on 

4 radiation and human health. 

5 (4) Collecting, maintaining, and making avail6 able to the public by means of the Internet an ar7 chive of data on fallout from nuclear tests and the 

8 effects of exposure to such fallout on human health. 

9 (c) REPORT.—The Center shall submit to Congress, 

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

11 activities of the Center. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as may be 

14 necessary to carry out this section. 

15 SEC. 10. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR 

16 WEAPONS TESTS. 

17 Not later than 3 years after the date of the enact18 ment of this Act, the Secretary of Health and Human 

19 Services, acting through the Director of the National Can20 cer Institute, shall— 

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

22 radionuclides received by the United States popu23 lation as a result of exposure to nuclear weapons 

24 tests conducted in the United States; 
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1 (2) disaggregate the results of such study by 

2 organ, by radionuclide, and by demographic vari3 ables; 

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

5 of such study; and 

6 (4) make such results available to the public.

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