[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 730 Reported in Senate (RS)]

                                                       Calendar No. 244
111th CONGRESS
  1st Session
                                H. R. 730


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2009

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                           December 17, 2009

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Nuclear Forensics and 
Attribution Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS FOR 
              FORENSICS COOPERATION.</DELETED>

<DELETED>    It is the sense of the Congress that the President 
should--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) develop expedited protocols for the data 
        exchange and dissemination of sensitive information needed to 
        publicly identify the source of a nuclear detonation.</DELETED>

<DELETED>SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETECTION 
              OFFICE.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (9), by striking ``and'' 
                after the semicolon;</DELETED>
                <DELETED>    (B) by redesignating paragraph (10) as 
                paragraph (14); and</DELETED>
                <DELETED>    (C) by inserting after paragraph (9) the 
                following:</DELETED>
        <DELETED>    ``(10) develop and implement, with the approval of 
        the Secretary and in coordination with the heads of appropriate 
        departments and agencies, methods and capabilities to support 
        the attribution of nuclear or radiological material to its 
        source when such material is intercepted by the United States, 
        foreign governments, or international bodies or is dispersed in 
        the course of a terrorist attack or other nuclear or 
        radiological explosion;</DELETED>
        <DELETED>    ``(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 activities in 
        order to ensure an enduring national technical nuclear 
        forensics capability and strengthen the collective response of 
        the United States to nuclear terrorism or other nuclear 
        attacks;</DELETED>
        <DELETED>    ``(12) establish a National Nuclear Forensics 
        Expertise Development Program which--</DELETED>
                <DELETED>    ``(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; and</DELETED>
                <DELETED>    ``(B) shall--</DELETED>
                        <DELETED>    ``(i) make available for 
                        undergraduate study student scholarships, with 
                        a duration of up to four years per student, 
                        which shall include, whenever possible, at 
                        least one 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;</DELETED>
                        <DELETED>    ``(ii) make available for graduate 
                        study student fellowships, with a duration of 
                        up to five years per student, which--</DELETED>
                                <DELETED>    ``(I) shall include, 
                                whenever possible, at least two 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</DELETED>
                                <DELETED>    ``(II) shall require each 
                                recipient to commit to serve for two 
                                years in a post-doctoral position in a 
                                technical nuclear forensics-related 
                                specialty at a national laboratory or 
                                appropriate Federal agency after 
                                graduation;</DELETED>
                        <DELETED>    ``(iii) make available to faculty 
                        awards, with a duration of three to five years 
                        each, to ensure faculty and their graduate 
                        students a sustained funding stream; 
                        and</DELETED>
                        <DELETED>    ``(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, and Tribal Colleges and 
                        Universities;</DELETED>
        <DELETED>    ``(13) provide an annual report to Congress on the 
        activities carried out under paragraphs (10), (11), and (12); 
        and''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(b) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) 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)).</DELETED>
        <DELETED>    ``(2) 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).</DELETED>
        <DELETED>    ``(3) 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)).''.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--There is authorized 
to be appropriated the sum of $30,000,000 for each of the fiscal years 
2009, 2010, and 2011 to carry out paragraphs (10) through (13) of 
section 1902(a) of the Homeland Security Act of 2002, as added by 
subsection (a) of this section.</DELETED>

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.''.
                                                       Calendar No. 244

111th CONGRESS

  1st Session

                               H. R. 730

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 17, 2009

                       Reported with an amendment