[Congressional Record Volume 156, Number 6 (Wednesday, January 20, 2010)]
[House]
[Pages H226-H229]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 NUCLEAR FORENSICS AND ATTRIBUTION ACT

  Ms. CLARKE. Madam Speaker, I move to suspend the rules and concur in 
the Senate amendment to the 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.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:
  Senate amendment:
       Strike out all after the enacting clause and insert:

     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

[[Page H227]]

     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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York (Ms. Clarke) and the gentleman from New York (Mr. King) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from New York (Ms. Clarke).


                             General Leave

  Ms. CLARKE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to insert extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Ms. CLARKE. I yield myself such time as I may consume.
  Madam Speaker, I rise in support of concurring in the Senate 
amendment to H.R. 730.

[[Page H228]]

  H.R. 730, the Nuclear Forensics and Attribution Act, was first 
introduced in the 110th Congress by the gentleman from California (Mr. 
Schiff).
  To strengthen our Nation's ability to prepare for and to respond to a 
conventional nuclear or dirty bomb threat, that measure, H.R. 2631, was 
marked up and adopted unanimously by the Subcommittee on Emerging 
Threats, Cybersecurity, and Science and Technology in October 2007, 
which is the subcommittee I now chair.
  It was unanimously approved by the full Committee on Homeland 
Security on May 20, 2008, and in the House of Representatives on June 
18, 2008. Though the measure was taken up, amended and passed by the 
Senate in late September, the stars didn't align, and it didn't clear 
the last hurdle to arrive on the President's desk. In this Congress, we 
started early and brought the measure directly to the floor where it 
passed on March 24, 2009. Now the Senate has acted, and it is time to 
pass this bill into law.
  I would like to congratulate Congressman Schiff and my colleagues on 
the committee for recognizing the need to move quickly.
  We know that our enemies, both terrorists and rogue nations, are 
interested in developing and using nuclear or radiological weapons. In 
the case of an attempted or, heaven forbid, a successful nuclear or 
radiological attack, rapid attribution is critical. Our government must 
have the capacity to quickly determine the source of the nuclear 
material so that key decision-makers have the information needed to 
respond.
  The deterrent effect of a robust nuclear forensics capability should 
not be underestimated. Certainly, if terrorists know that we have a 
nuclear forensics capability that can pinpoint their role in creating a 
bomb, they are bound to have second thoughts. Unfortunately, today, the 
U.S. must rely on forensic expertise and technology developed during 
the Cold War to address both nuclear weapons and the emerging threat of 
a radiological dirty bomb.
  The nuclear weapons workforce is aging just as its mission has 
shifted from traditional deterrent policy to the more complicated 
challenge of containing the terrorist threat. Our Nation's capabilities 
in the scientific fields of radiochemistry and geochemistry must be 
fostered to meet this new threat. That is the purpose of this bill. 
H.R. 730 expresses the sense of Congress that the President should 
pursue international agreements and develop protocols to share 
sensitive information needed to identify the source of a nuclear 
detonation.
  I am heartened that the Obama administration has indicated its 
willingness to engage in and to reenergize such activities.
  It also tasks the Secretary of Homeland Security with the mission of 
developing methods to attribute nuclear or radiological material both 
within the Department's Domestic Nuclear Detection Office, DNDO, and in 
partnership with other Federal agencies.
  The legislation emphasizes that the development of a robust nuclear 
forensics capability depends chiefly on an expertly trained workforce 
in this area, and it provides support for education programs relevant 
to nuclear forensics.
  H.R. 730 also authorizes the National Technical Nuclear Forensics 
Center, NTNFC, to enhance the centralized planning and integration of 
Federal nuclear forensics activities. It requires the Secretary to 
report annually to Congress on the Federal Government's efforts to 
enhance its nuclear forensics capabilities, including the status of 
workforce development programs; and it authorizes $30 million per year 
for the next 3 fiscal years for this effort.
  H.R. 730 continues the Homeland Security Committee's practice of 
authorizing programs and offices within DHS that are of value to the 
agency's mission in order to assure that the work can continue and that 
progress can be achieved in the years to come.
  I urge my colleagues to support this bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. KING of New York. I yield myself such time as I may consume.
  Madam Speaker, again, let me thank Congresswoman Clarke for her 
leadership on this. Let me also thank Ranking Member Dan Lungren for 
his work.
  Let me especially thank Mr. Schiff for his efforts on this and for so 
many other efforts on behalf of our national security. I have the 
privilege of serving with Mr. Schiff on the Intelligence Committee, so 
I have firsthand knowledge of the dedication which he brings to issues 
such as this.
  Madam Speaker, I rise in strong support of H.R. 730. Let me just say 
that, in many ways, this is the other side of the same coin. We just 
adopted H.R. 2611, which is to prevent nuclear attacks against our 
cities. H.R. 730 will enable us to detect where those nuclear devices 
came from. It's absolutely essential that we deal with the process of 
determining the source of confiscated nuclear material. This is a 
grave, grave threat to our homeland, and it must be addressed 
immediately and robustly. We must have a rigorous attribution program 
to find the culprits of these crimes and to offer a deterrent to 
nuclear terrorism.
  The one concern I do have is that the bill, as amended, coming back 
from the Senate does not authorize the appropriation of $30 million. I 
believe that is important. It is essential that we have it; but, again, 
this is a major step forward, so I am pleased to support the 
legislation even though I wish that the $30 million had been included 
in it.
  This bill targets an ongoing threat in a unique way. It will 
reinvigorate the workforce pipeline to guarantee the Nation a resource 
of technical experts in this vital and critical field, and it will 
strengthen America's attribution capabilities.
  Again, this is a bipartisan effort. It's the Homeland Security 
Committee working with Mr. Schiff and the Intelligence Committee. It is 
important that we pass this and that we really, again, send a strong 
signal of how we do believe in layered defenses, of how we realize the 
need of staying ahead of the terrorist threat and of doing all we can 
to protect the American people in a way which certainly transcends 
Republican or Democrat lines or liberal-conservative lines. It is an 
issue that should galvanize all Americans.
  So, with that, I strongly urge support of H.R. 730.
  I reserve the balance of my time.
  Ms. CLARKE. Madam Speaker, I yield 5 minutes to the gentleman from 
California (Mr. Schiff), the author of this bill.
  Mr. SCHIFF. Madam Speaker, at the outset, I want to thank and 
congratulate the Homeland Security Committee and Chairman Thompson. The 
committee has taken an important step forward towards preventing 
nuclear terrorism by persevering with this legislation, and I 
appreciate all of the hard work that the chairman and staff have put 
into it.
  I also want to thank other Members who have contributed greatly to 
the effort, one being the ranking member, Peter King.
  Mr. King, once again, I thank you for your leadership in this area.
  I want to thank the former chairman of the Emerging Threats 
Subcommittee, an early supporter, Jim Langevin; the current chairwoman 
of that subcommittee, Yvette Clarke; as well as the ranking member of 
the subcommittee, Dan Lungren; and in the last Congress, Michael 
McCaul.
  The Nuclear Forensics and Attribution Act will help us fight one of 
the most important national security threats we face, that of nuclear 
proliferation. Countries around the world now have access to technology 
that was once the realm of the few; and dangerous nuclear materials 
are, unfortunately, sprinkled around the world. This is not a new 
problem. Illicit nuclear material has been intercepted in transit out 
of the former Soviet Union many times since the end of the Cold War, 
and the material we catch is surely only a small fraction of the total 
amount trafficked.
  Last year, Graham Allison wrote in Newsweek that the only thing that 
could keep nuclear bombs out of the hands of terrorists is a brand-new 
science of nuclear forensics. He continued that the key to a new 
deterrent is coming up with some way of tracing the nuclear material 
backward from an explosion in New York City to the reactor that forged 
the fissile material, even to the mines that yielded the original 
uranium ore.
  The Nuclear Forensics and Attribution Act is designed to do just 
that. It is aimed at the decision-makers in

[[Page H229]]

North Korea, Pakistan, Iran or elsewhere who could sell nuclear 
material, as well as the smugglers and corrupt officials around the 
world who could steal it. Those parts of the nuclear network can be 
deterred by the knowledge that, if their material is later intercepted, 
the United States will find out and will hold them responsible.
  This bill expands our ability to determine the source of nuclear 
material by authorizing the National Technical Nuclear Forensics Center 
in the Department of Homeland Security. This center will coordinate the 
various agencies, and it will ensure an efficient combined response 
when nuclear material is intercepted or used, God forbid, in a weapon. 
It will also advance the science of nuclear forensics, bringing in new 
radiochemists and physicists to rejuvenate a rapidly aging workforce 
and funding research on new methods to identify materials. It also 
takes an important step toward building the nuclear forensic database 
we will need to effectively track nuclear material.
  The bill asks the President to negotiate agreements with other 
nations to share forensic data on their nuclear materials, both 
civilian and military.
  This effort is vital, and the National Technical Nuclear Forensics 
Center must play a key role in negotiations to ensure that the data we 
obtain is the data we need for quick attribution and response.

                              {time}  1400

  Nuclear terrorism is an indistinct threat of devastating consequence 
and therefore difficult to guard against. But as communications and 
transportation revolutions bring us ever closer to our allies, they 
bring our enemies close as well. I believe this bill will help make 
sure that our ability to prevent a nuclear terror attack keeps up with 
our enemies' ability to attempt one.
  Again, I want to thank the chairman and ranking member for their 
leadership and urge all Members to support the bill.
  Mr. KING of New York. Madam Speaker, I would like to close by stating 
that all of us realize that a terrorist attack is a nightmare scenario.
  The fact that we came so close to the loss of life on Christmas Day 
reminded us dramatically of the dangerous world in which we live. Those 
of us from New York will never forget September 11, 2001. But just 
think of the ultimate nightmare scenario, and that would be a nuclear 
attack. That is almost beyond our imagination. That is why everything 
must be done to stop those attacks, and to also have the deterrent, as 
Congressman Schiff said, the deterrent of retaliation against any 
country, against any entity, against any individual, any organization, 
which was in any way involved in providing nuclear weaponry to be used 
against the United States.
  I strongly urge the adoption of this legislation.
  I have no further requests for time, and I yield back the balance of 
my time.
  Ms. CLARKE. Madam Speaker, I yield myself such time as I may consume.
  In closing, I would encourage my colleagues to vote ``aye'' on the 
pending question. Doing so will allow this important homeland security 
legislation to be sent to the President's desk for his signature 
without delay.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Ms. Clarke) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 730.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. CLARKE. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________