Home > 106th Congressional Bills > H.R. 3922 (ih) For the relief of Zhen Shang Lin. [Introduced in House] ...H.R. 3922 (ih) For the relief of Zhen Shang Lin. [Introduced in House] ...
108th CONGRESS
2d Session
H. R. 3921
To protect public health and safety, should the testing of nuclear
weapons by the United States be resumed.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2004
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 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.
Be it enacted by the Senate and House of Representatives 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 Nevada 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 underground, yet
many of these tests also released significant amounts of
radioactive fallout into the atmosphere. 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 implications of
radiation fallout and weapons testing in 1961 and discovered
significant negative health effects.
(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 alerted 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 exposed to radioactive fallout,
commonly known as ``downwinders,'' which led to the passage of
the Radiation 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, conducted by the
National Cancer Institute, shows that exposure was not limited
to residents of Nevada and Utah. Extensive radiation exposure
has been documented in all of the contiguous 48 States, with
some counties in the Midwest and the eastern United States
receiving more fallout than some areas directly downwind of the
Nevada Test Site.
(9) The United States has engaged in a moratorium on
nuclear weapons testing since 1992. However, 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 respect to the health and safety
aspects of nuclear weapons testing.
(11) Therefore, the Federal Government must ensure public
safety in the event of future nuclear weapons tests through a
thorough analysis of the environmental 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 environmental 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 resumption of
nuclear weapon or nuclear explosive device tests at the Nevada
Test Site.
(2) Use of a location other than the Nevada Test Site for
testing of a nuclear weapon or nuclear explosive device.
(c) Included Information.--
(1) In general.--The head of a Federal agency shall include
in the environmental impact statement 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 resulting from the
action.
(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 description required under
paragraph (1) shall be included, separately, with respect to
each of the following 3 classes of weapons and devices that
might be the subject of such tests:
(A) Weapons and devices having a yield of less than
15 kilotons.
(B) Weapons and devices having a yield of not less
than 15 kilotons and not greater than 50 kilotons.
(C) Weapons and devices having a yield greater than
50 kilotons.
(d) Availability of Statements.--The head of a Federal agency that
carries out an action described in subsection (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 Policy Act of 1969 with respect to an action described in
subsection (b).
SEC. 4. CONGRESSIONAL AUTHORIZATION REQUIRED FOR RESUMPTION OF NUCLEAR
WEAPONS TESTING.
The United States may not resume testing of nuclear weapons or any
other nuclear explosive devices 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.--
(1) In general.--The United States may not carry out a test
of a nuclear weapon or any other nuclear explosive device
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 carried out.
(B) The date and approximate time of the test.
(C) The location of the test, including specific
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 Radiation Beyond NTS.--
Whenever a test of a nuclear weapon by the United States results in a
release of radiation beyond the boundaries of the Nevada Test Site, the
President shall promptly provide public notice of each of the
following:
(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.
(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.
SEC. 6. GRANT PROGRAM FOR INDEPENDENT RADIATION MONITORING.
(a) Grants Authorized.--From amounts made available to carry out
this section, 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 for use
by those institutions only to acquire radiation detection 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 section, the Secretary
shall give preference to institutions in those States that received
high levels of fallout from nuclear 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 or other nuclear explosive device 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 sensors; and
(2) ensure that all information on radiation obtained
through monitoring under paragraph (1) is made available to the
public.
SEC. 7. 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 or other nuclear explosive device,
monitoring 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 the test, both
before and after the test.
(c) EPA Monitoring.--
(1) In general.--The monitoring under subsection (a)(2) by
the Administrator of the Environmental Protection Agency shall
use a combination of temporary ground sensors, permanent ground
sensors, and airborne sensors.
(2) Real-time monitoring required.--Any sensors required by
paragraph (1) that operate by gathering air particulates shall
have real-time monitoring 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
Government with a suitable monitoring system located off the
test site, and the head of any other element of the Federal
Government that the Administrator of the Environmental
Protection Agency considers appropriate. The determinations
shall be based on proximity to major agricultural zones,
population centers, public water resources, and areas with high
levels of fallout from previous tests.
(d) Public Notice of Monitoring Data.--The Secretary and the
Administrator of the Environmental Protection Agency each shall ensure
that all information on radiation obtained through monitoring under
subsection (a) 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.
(e) Finding of Release.--If, in monitoring any such test, the head
of any element of the Federal Government determines that a release of
radiation beyond the boundaries of the NTS has occurred--
(1) the Administrator of the Environmental Protection
Agency shall immediately submit a report to Congress providing
notice of that determination;
(2) the United States shall stop all testing of all nuclear
weapons or other nuclear explosive devices, except as otherwise
provided in an Act enacted after the date of the test; and
(3) the Attorney General shall carry out a program,
substantially similar to the program 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 that release of radiation.
SEC. 8. ESTABLISHMENT OF THE CENTER FOR THE STUDY OF RADIATION AND
HUMAN HEALTH.
(a) Establishment.--From amounts made available to carry out this
section, 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 described in subsection (b), to be known as the
National Center for the Study of Radiation and Human Health.
(b) Activities.--The activities of the National Center for the
Study of Radiation and Human Health shall include the following:
(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.
(2) Studying the relationship between radiation and human
health, including fallout data collection.
(3) Coordinating efforts relating to research on radiation
and human health.
(4) Collecting, maintaining, and making available to the
public by means of the Internet an archive of fallout data and
human health effects data.
(c) Report.--The National Center for the Study of Radiation and
Human Health shall submit to Congress, and make available to the
public, an annual report on the activities of the Center.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 9. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR WEAPONS TESTS.
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