S 2208 ISCommentsClose CommentsPermalink

To protect public health and safety in the event that testing of nuclear weapons by the United States is resumed.CommentsClose CommentsPermalink

October 19, 2007

Mr. BENNETT (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To protect public health and safety in the event that testing of nuclear weapons by the United States is resumed.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Safety for Americans from Nuclear Weapons Testing Act'.CommentsClose CommentsPermalink

SEC. 2. TREATMENT UNDER NATIONAL ENVIRONMENTAL POLICY ACT OF ACTIONS RELATING TO NUCLEAR WEAPONS TESTS.

(a) In General- Each action of a Federal agency described in subsection (b) shall be deemed to be a major Federal action significantly affecting the quality of the human environment for which a separate environmental impact statement is required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).CommentsClose CommentsPermalink





(b) Actions Described- An action described in this subsection is any of the following:CommentsClose CommentsPermalink





(1) The resumption of underground nuclear testing at the Nevada Test Site.CommentsClose CommentsPermalink





(2) The use of a location other than the Nevada Test Site for the resumption of underground nuclear testing.CommentsClose CommentsPermalink





(c) Included Information-CommentsClose CommentsPermalink





(1) IN GENERAL- The environmental impact statement prepared under subsection (a) for an action described in subsection (b) shall include a detailed description of--CommentsClose CommentsPermalink





(A) the possibility of radiation containment failure as a result of the action and the effects of such containment failure; andCommentsClose CommentsPermalink





(B) the possible long-term effects on the water table from underground radiation leakage resulting from the action.CommentsClose CommentsPermalink





(2) INFORMATION FOR CATEGORIES OF WEAPONS- In the case of an action described in subsection (b) that is expected to result in the testing of more than one nuclear weapon or nuclear explosive device, the information required under paragraph (1) shall be included separately with respect to each, if any, of the following 3 classes of weapons and devices that is the subject of such tests:CommentsClose CommentsPermalink





(A) Weapons and devices having a yield of less than 15 kilotons.CommentsClose CommentsPermalink





(B) Weapons and devices having a yield of not less than 15 kilotons and not greater than 50 kilotons.CommentsClose CommentsPermalink





(C) Weapons and devices having a yield of greater than 50 kilotons.CommentsClose CommentsPermalink





(d) Availability of Statements- The head of a Federal agency that carries out an action described in subsection (b)--CommentsClose CommentsPermalink





(1) shall make available to the public the detailed statement required for the action under section 102(2)(C) of the National Environmental Policy Act of 1969, except that the head of an agency shall not make available to the public any classified annex to such statement; andCommentsClose CommentsPermalink





(2) shall submit to Congress each classified annex to such statement.CommentsClose CommentsPermalink





(e) Existing Statements Not Sufficient- No statement prepared before the date of the enactment of this Act shall be treated as the statement required by section 102(2)(C) of the National Environmental Policy Act of 1969 with respect to an action described in subsection (b).CommentsClose CommentsPermalink

SEC. 3. CONGRESSIONAL AUTHORIZATION REQUIRED FOR RESUMPTION OF NUCLEAR WEAPONS TESTING.

The United States may not resume underground nuclear testing unless authorized by an Act enacted after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 4. PUBLIC NOTICE REQUIREMENTS.

(a) Advance Public Notice of Each Test-CommentsClose CommentsPermalink





(1) IN GENERAL- The United States may not resume underground nuclear testing unless the Secretary of Energy first provides, not later than 7 days before the date of the test, public notice of the fact that such test is to be carried out.CommentsClose CommentsPermalink





(2) REVISIONS- The President shall promptly provide to the public notice of any change to the information provided pursuant to paragraph (1).CommentsClose CommentsPermalink





(b) Prompt Notice of Each Test- After each underground nuclear test at the Nevada Test Site, the Secretary of Energy shall promptly provide to the public notice of each of the following:CommentsClose CommentsPermalink





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





(2) The nature and extent of any release of radiation resulting from such test.CommentsClose CommentsPermalink





(c) Public Meeting Requirement- After an underground nuclear test is conducted, the Secretary of Energy shall hold a public meeting in southern Utah to discuss the details of the test, including the nature and extent of any release of radiation as a result of the test.CommentsClose CommentsPermalink





(d) Rule of Construction- The notice requirements under subsections (a) and (b) shall apply notwithstanding any provision of law that would otherwise require or permit the information to not be made public.CommentsClose CommentsPermalink

SEC. 5. STUDY ON SAFETY AND HEALTH OF CITIZENS IN THE VICINITY OF THE NEVADA TEST SITE.

Not later than one year after the date of the enactment of this Act, the National Academy of Sciences shall, for purposes of obtaining an independent analysis of the safety, health, and environmental issues related to underground nuclear testing and ensuring the safety and health of citizens who live near the Nevada Test Site, complete a study on the safety, health, and environmental measures that the National Nuclear Security Administration has taken with respect to underground nuclear testing. The study shall also recommend additional measures that might be taken, if required, to ensure the safety and health of such citizens.CommentsClose CommentsPermalink

SEC. 6. NEVADA TEST SITE CITIZENS REVIEW 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 Test 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 Test Site.CommentsClose CommentsPermalink





(b) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board shall be composed of nine members appointed by the Secretary of Energy of whom--CommentsClose CommentsPermalink





(A) three members shall be citizens of Nevada, of whom--CommentsClose CommentsPermalink





(i) one shall be a State official with expertise in the fields of environmental safety, health, or air quality; andCommentsClose CommentsPermalink





(ii) two shall be community representatives;CommentsClose CommentsPermalink





(B) three members shall be citizens of Arizona, of whom--CommentsClose CommentsPermalink





(i) one shall be a State official with expertise in the fields of environmental safety, health, or air quality; andCommentsClose CommentsPermalink





(ii) two shall be community representatives; andCommentsClose CommentsPermalink





(C) three members shall be citizens of Utah, of whom--CommentsClose CommentsPermalink





(i) one shall be a State official with expertise in the fields of environmental safety, health, or air quality; andCommentsClose CommentsPermalink





(ii) two shall be community representatives.CommentsClose CommentsPermalink





(2) RECOMMENDATIONS FOR APPOINTMENTS-CommentsClose CommentsPermalink





(A) NEVADA- The members of the Board appointed under paragraph (1)(A) shall be appointed from among any individuals that are recommended for such appointment by the chief executive officer of the State of Nevada.CommentsClose CommentsPermalink





(B) ARIZONA- The members of the Board appointed under paragraph (1)(B) shall be appointed from among any individuals that are recommended for such appointment by the chief executive officer of the State of Arizona.CommentsClose CommentsPermalink





(C) UTAH- The members of the Board appointed under paragraph (1)(C) shall be appointed 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 Governments and the Six County Association of Governments, Utah.CommentsClose CommentsPermalink





(c) Meetings-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board shall meet annually, together with the Nevada Test Site Office Manager, to discuss environmental, health, and safety issues at the Nevada Test Site.CommentsClose CommentsPermalink





(2) REVIEW OF PROPOSED NUCLEAR TESTS- The Board shall meet not later than 180 days prior to any proposed nuclear test at the Nevada Test Site to discuss environmental, health, and safety issues related to such proposed test.CommentsClose CommentsPermalink

SEC. 7. GRANT PROGRAM FOR INDEPENDENT RADIATION MONITORING.

(a) Grants Authorized- The Secretary of Homeland Security, acting through the Office for Domestic Preparedness, shall carry out a program under which the Secretary makes grants to institutions of higher education--CommentsClose CommentsPermalink





(1) to acquire radiation detection equipment and sensors for use by those institutions; andCommentsClose CommentsPermalink





(2) to maintain and operate such equipment and sensors for a period of 10 years after the award of such grant to the institution concerned.CommentsClose CommentsPermalink





(b) Preference- In making grants under this section, the Secretary shall give preference to institutions located in States that have received high levels of fallout from nuclear weapons tests, as determined by data collected by the National Cancer Institute.CommentsClose CommentsPermalink





(c) Conditions- Each institution that receives a grant under this section shall be required, whenever the United States carries out an underground nuclear test during the period referred to in subsection (a)--CommentsClose CommentsPermalink





(1) to use the equipment and sensors to carry out monitoring to determine the nature and amount of any radiation from the test that reaches such sensors; andCommentsClose CommentsPermalink





(2) to ensure that all information on radiation obtained through monitoring under paragraph (1) is made available to the public.CommentsClose CommentsPermalink

SEC. 8. MONITORING OF RELEASES OF RADIATION INTO THE ATMOSPHERE.

(a) Monitoring by Department of Energy and Environmental Protection Agency- Whenever the United States carries out an underground nuclear test, monitoring to determine the nature and extent of any radiation released into the atmosphere shall be carried out by--CommentsClose CommentsPermalink





(1) the Secretary of Energy, using--CommentsClose CommentsPermalink





(A) all available monitoring systems of the Department of Energy located on or off the test site; andCommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Monitoring Stations- The Secretary of Energy 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.CommentsClose CommentsPermalink





(c) Assessment of Containment by Department of Energy- For each underground nuclear test, the Secretary of Energy shall assess and evaluate the containment of radiation before and after the test.CommentsClose CommentsPermalink





(d) Monitoring by Environmental Protection Agency-CommentsClose CommentsPermalink





(1) IN GENERAL- In carrying out monitoring under subsection (a)(2), the Administrator of the Environmental Protection Agency shall use a combination of temporary ground sensors, permanent ground sensors, and airborne sensors.CommentsClose CommentsPermalink





(2) REAL-TIME MONITORING REQUIRED- Any sensors employed pursuant to paragraph (1) that operate by gathering air particles shall have real-time monitoring capabilities.CommentsClose CommentsPermalink





(3) PLACEMENT OF SENSORS-CommentsClose CommentsPermalink





(A) CONSULTATION- In determining the locations for the sensors employed pursuant to paragraph (1), the Administrator of the Environmental Protection Agency shall consult with--CommentsClose CommentsPermalink





(i) the Administrator of the National Oceanic and Atmospheric Administration;CommentsClose CommentsPermalink





(ii) the head of any other element of the Federal Government with a suitable monitoring system located off the test site; andCommentsClose CommentsPermalink





(iii) the head of any other element of the Federal Government that the Administrator of the Environmental Protection Agency considers appropriate.CommentsClose CommentsPermalink





(B) CRITERIA FOR DETERMINATIONS- In determining the locations of sensors under this paragraph, the Administrator of the Environmental Protection Agency shall consider the proximity of such locations to major agricultural zones, population centers, public water resources, and areas with high levels of fallout from previous nuclear tests.CommentsClose CommentsPermalink





(e) Public Notice of Monitoring Data- The Secretary of Energy and the Administrator of the Environmental Protection Agency each shall ensure that all information on radiation obtained through monitoring under this section is made available to the public on the Internet as soon as available, and in any event not more than 24 hours after such information is collected.CommentsClose CommentsPermalink





(f) Finding of Release- If, in monitoring any test under this subsection, the head of any element of the Federal Government determines that a release of radiation beyond the boundaries of the Nevada Test Site has occurred--CommentsClose CommentsPermalink





(1) the Administrator of the Environmental Protection Agency shall immediately submit a report to Congress providing notice of such determination;CommentsClose CommentsPermalink





(2) the United States shall cease all underground nuclear testing, except as otherwise provided in an Act enacted after the date of such test; andCommentsClose CommentsPermalink





(3) the Attorney General shall carry out a program, substantially similar to the program carried out under section 4 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), under which compensation is provided to individuals adversely affected by such release of radiation.CommentsClose CommentsPermalink

SEC. 9. ESTABLISHMENT OF CENTER FOR THE STUDY OF RADIATION AND HUMAN HEALTH.

(a) Establishment- The Director of the National Institutes of Health shall make a grant to a university or a consortium of universities located in the intermountain west region of the United States to establish, maintain, and operate a center to be known as the `National Center for the Study of Radiation and Human Health' (in this section referred to as the `Center').CommentsClose CommentsPermalink





(b) Activities- The activities of the Center shall include the following:CommentsClose CommentsPermalink





(1) Awarding grants to institutions of higher education for research on the relationship between radiation and human health, including any health effects or illness related to exposure to particular radioactive isotopes.CommentsClose CommentsPermalink





(2) Studying the relationship between radiation and human health, including fallout data collection.CommentsClose CommentsPermalink





(3) Coordinating efforts relating to research on radiation and human health.CommentsClose CommentsPermalink





(4) Collecting, maintaining, and making available to the public by means of the Internet an archive of data on fallout from nuclear tests and the effects of exposure to such fallout on human health.CommentsClose CommentsPermalink





(c) Report- The Center shall submit to Congress, and make available to the public, an annual report on the activities of the Center.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 10. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR WEAPONS TESTS.

Not later than 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Cancer Institute, shall--CommentsClose CommentsPermalink





(1) complete a study to estimate the dose of all radionuclides received by the United States population as a result of exposure to nuclear weapons tests conducted in the United States;CommentsClose CommentsPermalink





(2) disaggregate the results of such study by organ, by radionuclide, and by demographic variables;CommentsClose CommentsPermalink





(3) submit to Congress a report on the results of such study; andCommentsClose CommentsPermalink





(4) make such results available to the public.CommentsClose CommentsPermalink