[Congressional Record Volume 155, Number 200 (Wednesday, December 23, 2009)]
[Senate]
[Pages S13886-S13887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NUCLEAR FORENSICS AND ATTRIBUTION ACT

  Mr. CASEY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 244, H.R. 730.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (H.R. 730) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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

[[Page S13887]]

     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.''.

  Mr. CASEY. I ask unanimous consent that the committee substitute 
amendment be agreed to, the bill, as amended, be read a third time and 
passed, the motions to reconsider be laid upon the table, with no 
intervening action or debate, and any statements be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 730), as amended, was read the third time and passed.

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