[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5029 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5029

To establish in the Department of Homeland Security a Domestic Nuclear 
Detection Office to improve the ability of the United States to detect 
 and prevent acts of nuclear and radiological terrorism and to enhance 
  coordination of such efforts across Federal agencies, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2006

Mr. Linder (for himself, Mr. Langevin, Mr. King of New York, Mr. McCaul 
  of Texas, Mr. Shays, Mr. Simmons, Mr. Thompson of Mississippi, Mr. 
 Dicks, Mr. Dent, Mr. Daniel E. Lungren of California, and Ms. Jackson-
Lee of Texas) introduced the following bill; which was referred to the 
                     Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
To establish in the Department of Homeland Security a Domestic Nuclear 
Detection Office to improve the ability of the United States to detect 
 and prevent acts of nuclear and radiological terrorism and to enhance 
  coordination of such efforts across Federal agencies, and for other 
                               purposes.

    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 ``Prevention of Nuclear Terrorism Act 
of 2006''.

SEC. 2. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION OFFICE.

    (a) Establishment of Office.--The Homeland Security Act of 2002 (6 
U.S.C. 101 et seq.) is amended by adding at the end the following new 
title:

           ``TITLE XIX--OFFICE OF DOMESTIC NUCLEAR DETECTION

``SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE.

    ``(a) In General.--There shall be in the Department of Homeland 
Security a Domestic Nuclear Detection Office.
    ``(b) Purpose.--The purpose of the Office shall be to protect 
against the unauthorized importation, possession, storage, 
transportation, development, or use of a nuclear explosive device, 
fissile material, or radiological material against the United States.
    ``(c) Director.--The Office shall be headed by a Director of 
Domestic Nuclear Detection, who shall be appointed by the President 
from among individuals nominated by the Secretary.
    ``(d) Limitation.--This subtitle shall not be construed to affect 
the performance, by directorates and agencies of the Department other 
than the Office, of functions that are not related to detection and 
prevention of nuclear and radiological terrorism.

``SEC. 1902. FUNCTIONS OF DIRECTOR OF THE DOMESTIC NUCLEAR DETECTION 
              OFFICE, GENERALLY.

    ``(a) In General.--The Secretary shall vest in the Director the 
primary responsibility in the Department for--
            ``(1) administering all nuclear and radiological detection 
        and prevention functions and assets of the Department, 
        including those functions vested in the Department before the 
        enactment of the Prevention of Nuclear Terrorism Act of 2006; 
        and
            ``(2) for coordinating such administration with nuclear and 
        radiological detection and prevention activities of other 
        Federal departments and agencies.
    ``(b) Transfer of Functions.--The Secretary shall transfer to the 
Director the authority to administer, or supervise the administration 
of, all functions, personnel, assets, and liabilities of all Department 
programs and projects relating to nuclear and radiological detection 
research, development, testing, and evaluation, and nuclear and 
radiological detection system acquisition and deployment, including 
with respect to functions and assets transferred by section 303(1)(B), 
(C), and (E) and functions, assets, and personnel transferred pursuant 
to section 1910(c).

``SEC. 1903. GLOBAL NUCLEAR DETECTION ARCHITECTURE.

    ``(a) In General.--The Director shall coordinate the Federal 
Government's implementation of a global nuclear detection architecture.
    ``(b) Functions of Director.--The Director shall, under subsection 
(a)--
            ``(1) design a strategy that will guide deployment of the 
        global nuclear detection architecture;
            ``(2) implement the strategy in the United States; and
            ``(3) coordinate Department and Federal interagency efforts 
        to deploy the elements of the global nuclear detection 
        architecture outside the United States.
    ``(c) Relationship to Other Departments and Agencies.--The 
authority of the Director under this section shall not affect an 
authority or responsibility of any other department or agency of the 
Federal Government with respect to the deployment of nuclear and 
radiological detection systems outside the United States under any 
program administered by that department or agency.

``SEC. 1904. RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Director shall carry out a research and 
development program to achieve transformational and evolutionary 
improvements in detection capabilities for shielded and unshielded 
nuclear explosive devices and radiological dispersion devices.
    ``(b) High-Risk Projects.--The program shall include funding for 
transformational research and development projects that may have a high 
risk of failure but have the potential to provide significant benefits.
    ``(c) Long-Term Projects.--In order to reflect a long-term 
commitment to the development of more effective detection technologies, 
the program shall include the provision of funding for projects having 
a duration of more than 3 years, as appropriate.
    ``(d) Coordination With Other Federal Programs.--The Director shall 
coordinate implementation of the program with other Federal agencies 
performing similar research and development in order to accelerate the 
development of effective technologies, promote technology sharing, and 
to avoid duplication, including through the use of the interagency 
coordination council established under section 1913.

``SEC. 1905. SYSTEM ASSESSMENTS.

    ``(a) In General.--The Director shall carry out a program to test 
and evaluate technology for detecting nuclear explosive devices and 
fissile or radiological material.
    ``(b) Performance Metrics.--The Director shall establish 
performance metrics for evaluating the effectiveness of individual 
detectors and detection systems in detecting nuclear explosive devices 
or fissile or radiological material--
            ``(1) under realistic operational and environmental 
        conditions; and
            ``(2) against realistic adversary tactics and 
        countermeasures.
    ``(c) Provision of Testing Services.--
            ``(1) In general.--The Director may, under the program, 
        make available testing services to commercial developers of 
        detection devices.
            ``(2) Fees.--The Director may charge fees, as appropriate, 
        for performance of services under this subsection.
    ``(d) System Assessments.--
            ``(1) In general.--The Director shall periodically perform 
        system-wide assessments of the global nuclear detection 
        architecture to identify vulnerabilities and to gauge overall 
        system performance against nuclear and radiological threats.
            ``(2) Included activities.--The assessments shall include--
                    ``(A) red teaming activities to identify 
                vulnerabilities and possible modes of attack and 
                concealment methods; and
                    ``(B) net assessments to determine architecture 
                performance against adversary tactics and concealment 
                methods.
            ``(3) Use.--The Director shall use the assessments to guide 
        deployment of the global nuclear detection architecture and the 
        research and development activities of the Office.

``SEC. 1906. TECHNOLOGY ACQUISITION, DEPLOYMENT, SUPPORT, AND TRAINING.

    ``(a) Acquisition Strategy.--
            ``(1) In general.--The Director shall develop and, subject 
        to the availability of appropriations, execute a strategy for 
        the acquisition and deployment of detection systems in order to 
        implement the Department components of the global nuclear 
        detection architecture developed under section 1903.
            ``(2) Use of available contracting procedures.--The 
        Director shall make use of all contracting procedures available 
        to the Secretary to implement the acquisition strategy.
            ``(3) Determination of qualified anti-terrorism 
        technology.--The Director shall make recommendations based on 
        the criteria included in section 862(b) as to whether the 
        detection systems acquired pursuant to this subsection shall be 
        designated by the Secretary as anti-terrorism technologies that 
        qualify for protection under the system of risk management set 
        forth in subtitle G of title VIII. The Undersecretary for 
        Science and Technology shall consider the Director's 
        recommendations and expedite the process of determining whether 
        such detection systems shall be designated as anti-terrorism 
        technologies that qualify for such protection.
    ``(b) Deployment.--The Director shall deploy detection systems for 
use by Department operational units and other end-users in implementing 
the global nuclear detection architecture.
    ``(c) Operational Support and Protocols.--
            ``(1) Operational support.--The Director shall provide 
        operational support for all systems acquired to implement the 
        acquisition strategy developed under subsection (a).
            ``(2) Operational protocols.--The Director shall develop 
        operational protocols for detection technology acquired and 
        deployed to implement the acquisition strategy, including 
        procedures for alarm resolution and notification of appropriate 
        response agencies in the event that illicit nuclear, 
        radioactive, or fissile materials are detected by such a 
        product or service.
            ``(3) Technical reachback.--The Director will ensure that 
        the expertise necessary to accurately interpret detection data 
        is made available in a timely manner for all technology 
        deployed to implement the global nuclear detection 
        architecture.
    ``(d) Training.--The Director shall develop and distribute training 
materials and provide training to all end-users of technology acquired 
by the Director under the acquisition strategy.
    ``(e) Solicitation of End-User Input.--In developing requirements 
for the research and development program of section 1904 and 
requirements for the acquisition of detection systems to implement the 
strategy in subsection (a), the Director shall solicit input from end-
users of such systems.
    ``(f) State and Local Support.--Upon request, the Director shall 
provide guidance regarding radiation detection technology acquisitions 
to be made by State, territorial, tribal and local governments and 
emergency response providers.

``SEC. 1907. SITUATIONAL AWARENESS.

    ``(a) Detection Information.--The Director--
            ``(1) shall continuously monitor detection information 
        received from foreign and domestic detection systems to 
        maintain for the Department a situational awareness of all 
        nuclear threats;
            ``(2) shall gather and archive--
                    ``(A) detection data measurements taken of benign 
                activities in the normal flows of commerce; and
                    ``(B) alarm data, including false alarms and 
                nuisance alarms.
    ``(b) Information Sharing.--The Director shall coordinate with 
other governmental agencies to ensure that the detection of 
unauthorized nuclear explosive devices, fissile material, or 
radiological material is promptly reported to all appropriate Federal 
response agencies including the Attorney General, the Director of the 
Federal Bureau of Investigation, the Secretary of Defense, and the 
Secretary of Energy.
    ``(c) Incident Resolution.--The Director shall assess nuclear 
threats communicated by Federal, State, tribal, or local officials and 
provide adequate technical reachback capability for swift and effective 
incident resolution.
    ``(d) Security.--The Director shall--
            ``(1) develop and implement security standards and 
        protocols for the control and protection of all classified or 
        sensitive information in possession of the Office; and
            ``(2) ensure that relevant personnel of the Office have the 
        required security clearances to properly handle such 
        information.

``SEC. 1908. FORENSIC ANALYSIS.

    ``The Director shall perform all research, development, and 
acquisition activities of the Department pertaining to forensic 
analysis and attribution of nuclear and radiological attacks.

``SEC. 1909. THREAT INFORMATION.

    ``(a) Threat Assessments.--The Director shall utilize classified 
and unclassified nuclear and radiological threat assessments in 
designing the global nuclear detection architecture under section 1903, 
prioritizing detection system deployments, and testing and optimizing 
system performance of that architecture, including assessments of--
            ``(1) smuggling routes;
            ``(2) locations of relevant nuclear and radiological 
        material throughout the world;
            ``(3) relevant terrorist tradecraft and concealment 
        methods;
            ``(4) relevant nuclear and radiological threat objects in 
        terms of possible detection signatures.
    ``(b) Access to Information.--The Secretary shall provide the 
Director access to all information relating to nuclear and radiological 
threats, including reports, assessments, analyses, and unevaluated 
intelligence, that is necessary to successfully design, deploy, and 
support the operation of an effective global detection architecture 
under section 1903.
    ``(c) Analytical Support.--The Director shall request that the 
Secretary provide to the Director, pursuant to section 201(d)(18), the 
requisite intelligence and information analysis support necessary to 
effectively discharge the Director's responsibilities.
    ``(d) Analytical Expertise.--For the purposes of performing any of 
the assessments required under subsection (a), the Director, subject to 
the availability of appropriations, may hire professional personnel who 
are analysts with experience in performing nuclear and radiological 
threat assessments.
    ``(e) Collection Requests.--The Director shall recommend to the 
Secretary consultation that should occur pursuant to section 201(d)(10) 
regarding intelligence collection to design, deploy, and support the 
operation of the global detection architecture under section 1903.

``SEC. 1910. ADMINISTRATIVE AUTHORITIES.

    ``(a) Hiring.--In hiring personnel for the Office, the Secretary 
shall have hiring and management authorities described in section 1101 
of the Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The term of 
appointments for employees under subsection (c)(1) of that section may 
not exceed 5 years before granting any extension under subsection 
(c)(2) of that section.
    ``(b) Detail of Personnel.--In order to assist the Director in 
discharging the Director's responsibilities, personnel of other Federal 
agencies may be detailed to the Office for the performance of analytic 
functions and related duties.
    ``(c) Transfer of Science and Technology Functions, Personnel, and 
Assets.--
            ``(1) Transfer required.--Except as provided in paragraph 
        (2), the Secretary shall transfer to the Director the 
        functions, assets, and personnel of the Department relating to 
        radiological and nuclear countermeasures, including forensics 
        of contaminated evidence and attack attribution.
            ``(2) Exceptions.--The Secretary shall not transfer under 
        paragraph (1) functions, assets, and personnel relating to 
        consequence management and recovery.
            ``(3) Elimination of duplication of effort.--The Secretary 
        shall ensure that to the extent there are complementary 
        functions vested in the Directorate of Science and Technology 
        and the Office with respect to radiological and nuclear 
        countermeasures, the Under Secretary for Science and Technology 
        and the Director coordinate the programs they administer to 
        eliminate duplication and increase integration opportunities, 
        particularly with respect to technology development and test 
        and evaluation.

``SEC. 1911. REPORT REQUIREMENT.

    ``The Director shall submit to the appropriate congressional 
committees an annual report on the following:
            ``(1) The global detection strategy developed under section 
        1903.
            ``(2) The status of implementation of such architecture.
            ``(3) The schedule for future detection system deployments 
        under such architecture.
            ``(4) The research and development program of the Office.
            ``(5) A summary of actions taken by the Office during the 
        reporting period to counter nuclear and radiological threats.

``SEC. 1912. ADVISORY COUNCIL ON NUCLEAR DETECTION.

    ``(a) Establishment.--There is established within the Office an 
Advisory Council on Nuclear Detection, which shall report to the 
Director (in this section referred to as the `Advisory Council').
    ``(b) Functions.--The Advisory Council shall, at the request of the 
Director--
            ``(1) advise the Director on recommendations for the global 
        nuclear detection architecture developed under section 1903(a);
            ``(2) identify research areas for development of next-
        generation and transformational nuclear and radiological 
        detection technologies; and
            ``(3) and have such additional responsibilities as the 
        Director may assign in furtherance of the Department's homeland 
        security mission with respect to enhancing domestic and 
        international nuclear and radiological detection capabilities.
    ``(c) Membership.--The Advisory Council shall consist of 5 members 
appointed by the Director, who shall--
            ``(1) be individuals who have an eminent knowledge and 
        technical expertise related to nuclear and radiological 
        detection research and development and radiation detection; and
            ``(2) be selected solely on the basis of their established 
        record of distinguished service; and
            ``(3) not be employees of the Federal Government, other 
        than employees of National Laboratories.
    ``(d) Conflict of Interest Rules.--The Advisory Council shall 
establish rules for determining when one of its members has a conflict 
of interest in a matter being considered by the Advisory Council, and 
the appropriate course of action to address such conflicts of interest.
    ``(e) Federal Advisory Committee Act Exemption.--The Federal 
Advisory Committee Act shall not apply to the Advisory Council.

``SEC. 1913. INTERAGENCY COORDINATION COUNCIL.

    ``The Director shall--
            ``(1) establish an interagency coordination council to 
        facilitate interagency cooperation for purposes of implementing 
        this title, and
            ``(2) invite the Attorney General, the Secretary of Energy, 
        the Secretary of State, the Secretary of Defense, and the heads 
        of other appropriate Federal agencies to designate members to 
        serve on such council.

``SEC. 1914. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this title--
            ``(1) $536,000,000 for fiscal year 2007; and
            ``(2) such sums as may be necessary for each subsequent 
        fiscal year.

``SEC. 1915. DEFINITIONS.

    ``In this title:
            ``(1) The term `Director' means the Director of the 
        Domestic Nuclear Detection Office.
            ``(2) The term `fissile materials' means materials capable 
        of sustaining a nuclear chain reaction.
            ``(3) The term `global nuclear detection architecture' 
        means a multi-layered system of detectors deployed 
        internationally and domestically to detect and interdict 
        nuclear and radiological materials intended for illicit use.
            ``(4) The term `Office' means the Domestic Nuclear 
        Detection Office.
            ``(5) The term `radiological material' means material that 
        emits nuclear radiation.
            ``(6) The term `nuclear explosive device' means an 
        explosive device capable of producing a nuclear yield.
            ``(7) The term `technical reachback' means technical expert 
        support provided to operational end users for data 
        interpretation and alarm resolution.
            ``(8) The term `transformational' means that, if 
        successful, will produce dramatic technological improvements 
        over existing capabilities in the areas of performance, cost, 
        or ease of use.''.
    (b) Conforming Amendments.--
            (1) Section 103(d) of the Homeland Security Act of 2002 (6 
        U.S.C. 113(d)) is amended by adding at the end the following:
            ``(5) A Director of the Domestic Nuclear Detection 
        Office.''.
            (2) Section 302 of such Act (6 U.S.C. 182) is amended--
                    (A) in paragraph (2) by striking ``radiological, 
                nuclear''; and
                    (B) in paragraph (5)(A) by striking ``radiological, 
                nuclear''.
            (3) Section 305 of such Act (6 U.S.C. 185) is amended by 
        inserting ``and the Director of the Domestic Nuclear Detection 
        Office'' after ``Technology''.
            (4) Section 308 of such Act (6 U.S.C. 188) is amended in 
        each of subsections (a) and (b)(1) by inserting ``and the 
        Director of the Domestic Nuclear Detection Office'' after 
        ``Technology'' each place it appears.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding 
at the end the following:

           ``TITLE XIX--OFFICE OF DOMESTIC NUCLEAR DETECTION

``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Functions of Director of the Domestic Nuclear Detection 
                            Office, generally.
``Sec. 1903. Global nuclear detection architecture.
``Sec. 1904. Research and development.
``Sec. 1905. System assessments.
``Sec. 1906. Technology acquisition, deployment, support, and training.
``Sec. 1907. Situational awareness.
``Sec. 1908. Forensic analysis.
``Sec. 1909. Threat information.
``Sec. 1910. Administrative authorities.
``Sec. 1911. Report requirement.
``Sec. 1912. Advisory Council on Nuclear Detection.
``Sec. 1913. Interagency coordination council.
``Sec. 1914. Definitions.''.
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