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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.
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. 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)).
(b) Actions Described.--An action described in this subsection is
any of the following:
(1) The resumption of underground nuclear testing at the
Nevada Test Site.
(2) The use of a location other than the Nevada Test Site
for the resumption of underground nuclear testing.
(c) Included Information.--
(1) In general.--The environmental impact statement
prepared under subsection (a) for an action described in
subsection (b) shall include 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) the 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 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:
(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 of 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 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; and
(2) shall submit to Congress each classified annex to such
statement.
(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).
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.
SEC. 4. PUBLIC NOTICE REQUIREMENTS.
(a) Advance Public Notice of Each Test.--
(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.
(2) Revisions.--The President shall promptly provide to the
public notice of any change to the information provided
pursuant to paragraph (1).
(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:
(1) The date, time, and location of the test.
(2) The nature and extent of any release of radiation
resulting from such test.
(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.
(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.
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.
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.
(b) Membership.--
(1) In general.--The Board shall be composed of nine
members appointed by the Secretary of Energy of whom--
(A) three members shall be citizens of Nevada, 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
representatives;
(B) three members shall be citizens of Arizona, 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
representatives; 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
representatives.
(2) Recommendations for appointments.--
(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.
(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.
(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.
(c) Meetings.--
(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.
(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.
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--
(1) to acquire radiation detection equipment and sensors
for use by those institutions; and
(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.
(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.
(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)--
(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; and
(2) to ensure that all information on radiation obtained
through monitoring under paragraph (1) is made available to the
public.
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--
(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) 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.
(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.
(d) Monitoring by Environmental Protection Agency.--
(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.
(2) Real-time monitoring required.--Any sensors employed
pursuant to paragraph (1) that operate by gathering air
particles shall have real-time monitoring capabilities.
(3) Placement of sensors.--
(A) Consultation.--In determining the locations for
the sensors employed pursuant to paragraph (1), the
Administrator of the Environmental Protection Agency
shall consult with--
(i) the Administrator of the National
Oceanic and Atmospheric Administration;
(ii) the head of any other element of the
Federal Government with a suitable monitoring
system located off the test site; and
(iii) the head of any other element of the
Federal Government that the Administrator of
the Environmental Protection Agency considers
appropriate.
(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.
(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.
(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--
(1) the Administrator of the Environmental Protection
Agency shall immediately submit a report to Congress providing
notice of such determination;
(2) the United States shall cease all underground nuclear
testing, except as otherwise provided in an Act enacted after
the date of such test; and
(3) the Attorney General shall carry out a program,
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