110 HR 5929 IH: Nuclear Terrorism Deterrence and U.S. House of Representatives 2008-04-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5929 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.

1.

Short title

This Act may be cited as the Nuclear Terrorism Deterrence and Detection Act.

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.

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.

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.

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. .

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.

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.