[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5929 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5929

To improve the Nation's nuclear forensics capability to help deter and 
                     respond to nuclear terrorism.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2008

  Mr. Foster introduced the following bill; which was referred to the 
Committee on Science and Technology, and in addition to the Committees 
 on Armed Services, Foreign Affairs, Homeland Security, and Energy and 
Commerce, 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 improve the Nation's nuclear forensics capability to help deter and 
                     respond to nuclear terrorism.

    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 ``Nuclear Terrorism Deterrence and 
Detection Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Combating the threat of a terrorist detonating a 
        nuclear device on American soil is a critical security 
        challenge.
            (2) Nuclear forensics contributes to the Nation's ability 
        to deter and respond to nuclear terrorism through technical 
        analysis of nuclear materials intercepted intact or retrieved 
        from post-explosion debris.
            (3) Nuclear forensics, when combined with law enforcement 
        and intelligence data, contributes to attribution of the 
        nuclear material or nuclear device to its source.
            (4) The Nation's nuclear forensics capability can be 
        improved, as identified in a report from the American Physical 
        Society and American Association for the Advancement of 
        Science, with regard to the following:
                    (A) Workforce: The training of skilled personnel 
                needs to be accelerated. The Nation is understaffed in 
                nuclear forensics, with just 35 to 50 experts at United 
                States national laboratories and more than half of them 
                likely to retire in the next 10 to 15 years.
                    (B) Equipment: Most of the Nation's field and 
                laboratory equipment used in nuclear forensics analysis 
                dates to the Cold War. A program should be undertaken 
                to develop and manufacture advanced, automated field-
                equipment that allows for more rapid and accurate 
                radiation analysis.
                    (C) International Databases: Nuclear material can 
                have a unique signature depending on its source reactor 
                of fuel facility. A shared and accessible international 
                database of nuclear samples can help to more quickly 
                match debris or an intercepted nuclear device with its 
                original source.
                    (D) Independent Evaluation Group: Given the 
                intelligence community's failings in the assessment of 
                weapons of mass destruction in Iraq, there may be 
                international skepticism regarding any nuclear 
                forensics investigation the United States might 
                perform. A group of recognized experts not associated 
                with the federal investigation would provide 
                independent validation of the forensics analysis.
                    (E) Exercises: Nuclear forensics investigations 
                take time and the results may not be immediately 
                conclusive. Through realistic drills, senior leadership 
                can become aware of the strengths and limitations of 
                the nation's nuclear forensics capability and 
                appropriately incorporate the capability into decision 
                making.

SEC. 3. SENSE OF CONGRESS ON NNSA FELLOWSHIP PROGRAM FOR GRADUATE 
              STUDENTS IN THE FIELD OF NUCLEAR CHEMISTRY.

    It is the sense of Congress that--
            (1) the Administrator for Nuclear Security should establish 
        a fellowship program for graduate students in the field of 
        nuclear chemistry, which should--
                    (A) support no fewer than 6 Ph.D.s per year; and
                    (B) require graduate students to spend two summers 
                in a national laboratory over the course of the 
                program; and
            (2) the fellowship program should receive funding in an 
        amount not less than--
                    (A) $1,000,000 for fiscal year 2009;
                    (B) $2,000,000 for fiscal year 2010;
                    (C) $3,000,000 for fiscal year 2011;
                    (D) $4,000,000 for fiscal year 2012; and
                    (E) $5,000,000 for fiscal year 2013.

SEC. 4. SENSE OF CONGRESS ON NNSA RESEARCH AND DEVELOPMENT FOR NUCLEAR 
              FORENSICS FIELD RADIATION-MEASUREMENT EQUIPMENT.

    It is the sense of Congress that--
            (1) the Administrator for Nuclear Security should carry out 
        research and development with a targeted goal of improving the 
        speed and accuracy of nuclear forensics radiation-measurement 
        equipment; and
            (2) the research and development should receive funding in 
        an amount not less than $5,000,000 for each of fiscal years 
        2009 through 2013.

SEC. 5. ADDITIONAL INFORMATION TO BE INCLUDED IN REPORT ON NUCLEAR 
              FORENSICS CAPABILITIES.

    Section 3129(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 585) is amended--
            (1) in paragraph (2) by striking ``and'' at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) any legislative, regulatory, or treaty actions 
        necessary to facilitate international cooperation in 
        enhancement of international nuclear-material databases and the 
        linking of those databases to enable prompt data access.''.

SEC. 6. NUCLEAR FORENSICS ADVISORY PANEL.

    (a) Establishment.--The Secretary of Defense, the Secretary of 
Energy, and the Secretary of Homeland Security shall establish a joint 
independent Nuclear Forensics Advisory Panel of recognized experts not 
directly associated with the Federal laboratories. The function of the 
panel shall be to provide independent validation of any Federal nuclear 
forensics analysis.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretaries referred to in subsection (a) 
shall submit a report on the structure and membership of the panel 
required by subsection (a). The report shall be submitted to--
            (1) the Committee on Appropriations, Committee on Armed 
        Services, and Committee on Homeland Security of the House of 
        Representatives; and
            (2) the Committee on Appropriations, Committee on Armed 
        Services, and Committee on Homeland Security and Government 
        Affairs of the Senate.

SEC. 7. PRESIDENTIAL REPORT ON INVOLVEMENT OF CABINET-LEVEL LEADERSHIP 
              IN CERTAIN EXERCISES THAT INCLUDE NUCLEAR FORENSICS 
              ANALYSIS.

    Not later than 90 days after the date of the enactment of this Act, 
the President shall submit a report on the involvement of Cabinet-level 
leadership in planned nuclear terrorism preparedness exercises that 
have nuclear forensics analysis as a component of the exercise. The 
report shall be submitted to--
            (1) the Committee on Appropriations, Committee on Armed 
        Services, and Committee on Homeland Security of the House of 
        Representatives; and
            (2) the Committee on Appropriations, Committee on Armed 
        Services, and Committee on Homeland Security and Government 
        Affairs of the Senate.
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