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 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: 
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(1) From 1951 until 1992, the United States 
conducted over 900 nuclear weapons tests at the Ne-
vada Test 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-
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posed to radioactive fallout, commonly known as 
‘‘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 Test 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 Test Site. 
(2) Use of a location other than the Nevada 
Test Site for testing of a nuclear weapon. 
(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 NTS.—Whenever a test of a nuclear 
weapon by the United States results in a release of radi-
ation beyond the boundaries of the Nevada Test Site, the 
Secretary of Energy shall provide public notice of each of 
the following within one hour of detection of such radi-
ation outside the boundaries of the Nevada Test Site: 
(1) The actual date, time, and location of the 
test. 
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