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 Com-
mittee 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 provi-
sions 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 Representa-
tives 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 Ne-
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vada Test Site (now referred to as the ‘‘Nevada Na-
tional 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 un-
derground, yet many of these tests also released sig-
nificant amounts of radioactive fallout into the at-
mosphere. 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 impli-
cations of radiation fallout and weapons testing in 
1961 and discovered significant negative health ef-
fects. 
(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 alert-
ed 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 ex-
posed to radioactive fallout, commonly known as 
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‘‘downwinders,’’ which led to the passage of the Ra-
diation 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, con-
ducted by the National Cancer Institute, shows that 
exposure was not limited to residents of Nevada and 
Utah. Extensive radiation exposure has been docu-
mented in all of the contiguous 48 States, with some 
counties in the Midwest and the eastern United 
States receiving more fallout than some areas di-
rectly downwind of the Nevada National Security 
Site. 
(9) The United States has engaged in a mora-
torium on nuclear weapons testing since 1992. How-
ever, 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 re-
spect to the health and safety aspects of nuclear 
weapons testing. 
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(11) Therefore, the Federal Government must 
ensure public safety in the event of future nuclear 
weapons tests through a thorough analysis of the en-
vironmental 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 envi-
ronmental 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 resump-
tion 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 weap-
on. 
(c) INCLUDED INFORMATION.— 
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(1) IN GENERAL.—The head of a Federal agen-
cy shall include in the environmental impact state-
ment 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 re-
sulting from the action. 
(2) INFORMATION FOR CATEGORIES OF WEAP-
ONS.—In the case of an action described in sub-
section (b) that is expected to result in the testing 
of more than one nuclear weapon, the description re-
quired under paragraph (1) shall be included, sepa-
rately, 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 kilo-
tons. 
(C) Weapons having a yield greater than 
50 kilotons. 
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(d) AVAILABILITY OF STATEMENTS.—The head of a 
Federal agency that carries out an action described in sub-
section (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 Pol-
icy Act of 1969 with respect to an action described in sub-
section (b). 
SEC. 4. CONGRESSIONAL AUTHORIZATION REQUIRED FOR 
RESUMPTION OF NUCLEAR WEAPONS TEST-
ING. 
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.— 
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(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 car-
ried out. 
(B) The date and approximate time of the 
test. 
(C) The location of the test, including spe-
cific 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 RADI-
ATION 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 En-
ergy 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: 
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(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, in-
cluding a list of areas potentially at risk from radio-
nuclides, 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 un-
derground nuclear test is conducted, the Secretary of En-
ergy 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 re-
sult of the test. 
SEC. 6. STUDY ON SAFETY AND HEALTH OF CITIZENS IN 
THE VICINITY OF THE NEVADA NATIONAL SE-
CURITY SITE. 
Not later than one year after the date of the enact-
ment of this Act, the National Academy of Sciences shall, 
for purposes of obtaining an independent analysis of the 
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safety, health, and environmental issues related to under-
ground 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 environ-
mental measures that the National Nuclear Security Ad-
ministration has taken with respect to underground nu-
clear 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 RE-
VIEW 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 Na-
tional Security Site. 
(b) MEMBERSHIP.— 
(1) IN
GENERAL.—The Board shall be com-
posed of nine members appointed by the Secretary 
of Energy, of whom— 
(A) three members shall be citizens of Ne-
vada, of whom— 
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(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 represent-
atives; 
(B) three members shall be citizens of Ari-
zona, 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 represent-
atives; 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 represent-
atives. 
(2) RECOMMENDATIONS FOR APPOINTMENTS.— 
(A) NEVADA.—The members of the Board 
appointed under paragraph (1)(A) shall be ap-
pointed from among any individuals that are 
recommended for such appointment by the chief 
executive officer of the State of Nevada. 
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(B) ARIZONA.—The members of the Board 
appointed under paragraph (1)(B) shall be ap-
pointed 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 ap-
pointed 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 Gov-
ernments and the Six County Association of 
Governments, Utah. 
(c) MEETINGS.— 
(1) IN GENERAL.—The Board shall meet annu-
ally, together with the Nevada National Security 
Site Office Manager, to discuss environmental, 
health, and safety issues at the Nevada National Se-
curity 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. 
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SEC. 8. GRANT PROGRAM FOR INDEPENDENT RADIATION 
MONITORING. 
(a) GRANTS AUTHORIZED.—From amounts made 
available to carry out this section, the Secretary of Home-
land Security, acting through the Office for Domestic Pre-
paredness, shall carry out a program under which the Sec-
retary makes grants to institutions of higher education for 
use by those institutions only to acquire radiation detec-
tion 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 sec-
tion, the Secretary shall give preference to institutions in 
those States that received high levels of fallout from nu-
clear 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 sen-
sors; and 
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(2) ensure that all information on radiation ob-
tained 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, mon-
itoring 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. 
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(c) MONITORING STATIONS.—The Secretary of En-
ergy 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 sub-
section (a)(2) by the Administrator of the Environ-
mental Protection Agency shall use a combination of 
temporary ground sensors, permanent ground sen-
sors, and airborne sensors. 
(2) REAL-TIME MONITORING REQUIRED.—Any 
sensors required by paragraph (1) that operate by 
gathering air particulates shall have real-time moni-
toring 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 Gov-
ernment with a suitable monitoring system located 
off the test site, and the head of any other element 
of the Federal Government that the Administrator 
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