[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 730 Enrolled Bill (ENR)]

        H.R.730

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
To strengthen efforts in the Department of Homeland Security to develop 
 nuclear forensics capabilities to permit attribution of the source of 
                nuclear material, 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 ``Nuclear Forensics and Attribution 
Act''.
SEC. 2. FINDINGS.
    Congress finds the following:
        (1) The threat of a nuclear terrorist attack on American 
    interests, both domestic and abroad, is one of the most serious 
    threats to the national security of the United States. In the wake 
    of an attack, attribution of responsibility would be of utmost 
    importance. Because of the destructive power of a nuclear weapon, 
    there could be little forensic evidence except the radioactive 
    material in the weapon itself.
        (2) Through advanced nuclear forensics, using both existing 
    techniques and those under development, it may be possible to 
    identify the source and pathway of a weapon or material after it is 
    interdicted or detonated. Though identifying intercepted smuggled 
    material is now possible in some cases, pre-detonation forensics is 
    a relatively undeveloped field. The post-detonation nuclear 
    forensics field is also immature, and the challenges are compounded 
    by the pressures and time constraints of performing forensics after 
    a nuclear or radiological attack.
        (3) A robust and well-known capability to identify the source 
    of nuclear or radiological material intended for or used in an act 
    of terror could also deter prospective proliferators. Furthermore, 
    the threat of effective attribution could compel improved security 
    at material storage facilities, preventing the unwitting transfer 
    of nuclear or radiological materials.
        (4)(A) In order to identify special nuclear material and other 
    radioactive materials confidently, it is necessary to have a robust 
    capability to acquire samples in a timely manner, analyze and 
    characterize samples, and compare samples against known signatures 
    of nuclear and radiological material.
        (B) Many of the radioisotopes produced in the detonation of a 
    nuclear device have short half-lives, so the timely acquisition of 
    samples is of the utmost importance. Over the past several decades, 
    the ability of the United States to gather atmospheric samples--
    often the preferred method of sample acquisition--has diminished. 
    This ability must be restored and modern techniques that could 
    complement or replace existing techniques should be pursued.
        (C) The discipline of pre-detonation forensics is a relatively 
    undeveloped field. The radiation associated with a nuclear or 
    radiological device may affect traditional forensics techniques in 
    unknown ways. In a post-detonation scenario, radiochemistry may 
    provide the most useful tools for analysis and characterization of 
    samples. The number of radiochemistry programs and radiochemists in 
    United States National Laboratories and universities has 
    dramatically declined over the past several decades. The narrowing 
    pipeline of qualified people into this critical field is a serious 
    impediment to maintaining a robust and credible nuclear forensics 
    program.
        (5) Once samples have been acquired and characterized, it is 
    necessary to compare the results against samples of known material 
    from reactors, weapons, and enrichment facilities, and from 
    medical, academic, commercial, and other facilities containing such 
    materials, throughout the world. Some of these samples are 
    available to the International Atomic Energy Agency through 
    safeguards agreements, and some countries maintain internal sample 
    databases. Access to samples in many countries is limited by 
    national security concerns.
        (6) In order to create a sufficient deterrent, it is necessary 
    to have the capability to positively identify the source of nuclear 
    or radiological material, and potential traffickers in nuclear or 
    radiological material must be aware of that capability. 
    International cooperation may be essential to catalogue all 
    existing sources of nuclear or radiological material.
SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS FOR FORENSICS 
COOPERATION.
    It is the sense of the Congress that the President should--
        (1) pursue bilateral and multilateral international agreements 
    to establish, or seek to establish under the auspices of existing 
    bilateral or multilateral agreements, an international framework 
    for determining the source of any confiscated nuclear or 
    radiological material or weapon, as well as the source of any 
    detonated weapon and the nuclear or radiological material used in 
    such a weapon;
        (2) develop protocols for the data exchange and dissemination 
    of sensitive information relating to nuclear or radiological 
    materials and samples of controlled nuclear or radiological 
    materials, to the extent required by the agreements entered into 
    under paragraph (1); and
        (3) develop expedited protocols for the data exchange and 
    dissemination of sensitive information needed to publicly identify 
    the source of a nuclear detonation.
SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETECTION OFFICE.
    (a) Additional Responsibilities.--Section 1902 of the Homeland 
Security Act of 2002 (as redesignated by Public Law 110-53; 6 U.S.C. 
592) is amended--
        (1) in subsection (a)--
            (A) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (B) by redesignating paragraph (10) as paragraph (14); and
            (C) by inserting after paragraph (9) the following:
        ``(10) lead the development and implementation of the national 
    strategic five-year plan for improving the nuclear forensic and 
    attribution capabilities of the United States required under 
    section 1036 of the National Defense Authorization Act for Fiscal 
    Year 2010;
        ``(11) establish, within the Domestic Nuclear Detection Office, 
    the National Technical Nuclear Forensics Center to provide 
    centralized stewardship, planning, assessment, gap analysis, 
    exercises, improvement, and integration for all Federal nuclear 
    forensics and attribution activities--
            ``(A) to ensure an enduring national technical nuclear 
        forensics capability to strengthen the collective response of 
        the United States to nuclear terrorism or other nuclear 
        attacks; and
            ``(B) to coordinate and implement the national strategic 
        five-year plan referred to in paragraph (10);
        ``(12) establish a National Nuclear Forensics Expertise 
    Development Program, which--
            ``(A) is devoted to developing and maintaining a vibrant 
        and enduring academic pathway from undergraduate to post-
        doctorate study in nuclear and geochemical science specialties 
        directly relevant to technical nuclear forensics, including 
        radiochemistry, geochemistry, nuclear physics, nuclear 
        engineering, materials science, and analytical chemistry;
            ``(B) shall--
                ``(i) make available for undergraduate study student 
            scholarships, with a duration of up to 4 years per student, 
            which shall include, if possible, at least 1 summer 
            internship at a national laboratory or appropriate Federal 
            agency in the field of technical nuclear forensics during 
            the course of the student's undergraduate career;
                ``(ii) make available for doctoral study student 
            fellowships, with a duration of up to 5 years per student, 
            which shall--

                    ``(I) include, if possible, at least 2 summer 
                internships at a national laboratory or appropriate 
                Federal agency in the field of technical nuclear 
                forensics during the course of the student's graduate 
                career; and
                    ``(II) require each recipient to commit to serve 
                for 2 years in a post-doctoral position in a technical 
                nuclear forensics-related specialty at a national 
                laboratory or appropriate Federal agency after 
                graduation;

                ``(iii) make available to faculty awards, with a 
            duration of 3 to 5 years each, to ensure faculty and their 
            graduate students have a sustained funding stream; and
                ``(iv) place a particular emphasis on reinvigorating 
            technical nuclear forensics programs while encouraging the 
            participation of undergraduate students, graduate students, 
            and university faculty from historically Black colleges and 
            universities, Hispanic-serving institutions, Tribal 
            Colleges and Universities, Asian American and Native 
            American Pacific Islander-serving institutions, Alaska 
            Native-serving institutions, and Hawaiian Native-serving 
            institutions; and
            ``(C) shall--
                ``(i) provide for the selection of individuals to 
            receive scholarships or fellowships under this section 
            through a competitive process primarily on the basis of 
            academic merit and the nuclear forensics and attribution 
            needs of the United States Government;
                ``(ii) provide for the setting aside of up to 10 
            percent of the scholarships or fellowships awarded under 
            this section for individuals who are Federal employees to 
            enhance the education of such employees in areas of 
            critical nuclear forensics and attribution needs of the 
            United States Government, for doctoral education under the 
            scholarship on a full-time or part-time basis;
                ``(iii) provide that the Secretary may enter into a 
            contractual agreement with an institution of higher 
            education under which the amounts provided for a 
            scholarship under this section for tuition, fees, and other 
            authorized expenses are paid directly to the institution 
            with respect to which such scholarship is awarded;
                ``(iv) require scholarship recipients to maintain 
            satisfactory academic progress; and
                ``(v) require that--

                    ``(I) a scholarship recipient who fails to maintain 
                a high level of academic standing, as defined by the 
                Secretary, who is dismissed for disciplinary reasons 
                from the educational institution such recipient is 
                attending, or who voluntarily terminates academic 
                training before graduation from the educational program 
                for which the scholarship was awarded shall be liable 
                to the United States for repayment within 1 year after 
                the date of such default of all scholarship funds paid 
                to such recipient and to the institution of higher 
                education on the behalf of such recipient, provided 
                that the repayment period may be extended by the 
                Secretary if the Secretary determines it necessary, as 
                established by regulation; and
                    ``(II) a scholarship recipient who, for any reason 
                except death or disability, fails to begin or complete 
                the post-doctoral service requirements in a technical 
                nuclear forensics-related specialty at a national 
                laboratory or appropriate Federal agency after 
                completion of academic training shall be liable to the 
                United States for an amount equal to--

                        ``(aa) the total amount of the scholarship 
                    received by such recipient under this section; and
                        ``(bb) the interest on such amounts which would 
                    be payable if at the time the scholarship was 
                    received such scholarship was a loan bearing 
                    interest at the maximum legally prevailing rate;
        ``(13) provide an annual report to Congress on the activities 
    carried out under paragraphs (10), (11), and (12); and''; and
        (2) by adding at the end the following new subsection:
    ``(b) Definitions.--In this section:
        ``(1) Alaska native-serving institution.--The term `Alaska 
    Native-serving institution' has the meaning given the term in 
    section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d).
        ``(2) Asian american and native american pacific islander-
    serving institution.--The term `Asian American and Native American 
    Pacific Islander-serving institution' has the meaning given the 
    term in section 320 of the Higher Education Act of 1965 (20 U.S.C. 
    1059g).
        ``(3) Hawaiian native-serving institution.--The term `Hawaiian 
    native-serving institution' has the meaning given the term in 
    section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d).
        ``(4) Hispanic-serving institution.--The term `Hispanic-serving 
    institution' has the meaning given that term in section 502 of the 
    Higher Education Act of 1965 (20 U.S.C. 1101a).
        ``(5) Historically black college or university.--The term 
    `historically Black college or university' has the meaning given 
    the term `part B institution' in section 322(2) of the Higher 
    Education Act of 1965 (20 U.S.C. 1061(2)).
        ``(6) Tribal college or university.--The term `Tribal College 
    or University' has the meaning given that term in section 316(b) of 
    the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).''.
    (b) Joint Interagency Annual Reporting Requirement to Congress and 
the President.--
        (1) In general.--Section 1907(a)(1) of the Homeland Security 
    Act of 2002 (6 U.S.C. 596a(a)(1)) is amended--
            (A) in subparagraph (A)(ii), by striking ``; and'' and 
        inserting a semicolon;
            (B) in subparagraph (B)(iii), by striking the period at the 
        end and inserting ``; and''; and
            (C) by adding at the end the following new subparagraph:
            ``(C) the Director of the Domestic Nuclear Detection Office 
        and each of the relevant departments that are partners in the 
        National Technical Forensics Center--
                ``(i) include, as part of the assessments, evaluations, 
            and reviews required under this paragraph, each office's or 
            department's activities and investments in support of 
            nuclear forensics and attribution activities and specific 
            goals and objectives accomplished during the previous year 
            pursuant to the national strategic five-year plan for 
            improving the nuclear forensic and attribution capabilities 
            of the United States required under section 1036 of the 
            National Defense Authorization Act for Fiscal Year 2010;
                ``(ii) attaches, as an appendix to the Joint 
            Interagency Annual Review, the most current version of such 
            strategy and plan; and
                ``(iii) includes a description of new or amended 
            bilateral and multilateral agreements and efforts in 
            support of nuclear forensics and attribution activities 
            accomplished during the previous year.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.