[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[House]
[Pages 12774-12778]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 NUCLEAR FORENSICS AND ATTRIBUTION ACT

  Mr. THOMPSON of Mississippi. Madam Speaker, I move to suspend the 
rules and pass the bill (H.R. 2631) to strengthen efforts in the 
Department of Homeland Security to develop nuclear forensics 
capabilities to permit attribution of the source of nuclear material, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2631

       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 the weapon, there could be little 
     forensic evidence except the radioactive material in the bomb 
     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)--

[[Page 12775]]

       (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) 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;
       ``(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 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;
       ``(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; and
       ``(B) shall--
       ``(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;
       ``(ii) make available for graduate study student 
     fellowships, with a duration of up to five years per student, 
     which--

       ``(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
       ``(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;

       ``(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
       ``(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;
       ``(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) 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)).
       ``(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).
       ``(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)).''.
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Mississippi (Mr. Thompson) and the gentleman from Texas (Mr. McCaul) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Mississippi.


                             General Leave

  Mr. THOMPSON of Mississippi. Madam Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  Mr. THOMPSON of Mississippi. Madam Speaker, I rise in strong support 
of this bill and yield myself as much time as I may consume.
  Madam Speaker, H.R. 2631, the Nuclear Forensics and Attribution Act, 
was introduced last year by the gentleman from California, Congressman 
Schiff. It was marked up and adopted unanimously by the Subcommittee on 
Emerging Threats, Cybersecurity, and Science and Technology in October 
2007. The full committee approved it unanimously on May 20 of this 
year.
  I would like to congratulate Congressman Schiff and thank 
Subcommittee Chairman Langevin and Ranking Member McCaul for their work 
in getting the bill to the floor today.
  Like the other homeland security measures we are considering today, I 
strongly believe that H.R. 2631 ties in with the DHS authorization 
legislation that the House approved last spring, H.R. 1684, and is 
still pending before the Senate.
  We know that our enemies, both terrorists and rogue nations, are 
interested in developing and using nuclear and 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 capability to quickly determine the source of nuclear material 
so that the key decision-makers have information needed to respond.
  Certainly, if the terrorists know that we have a nuclear forensic 
capability that can pinpoint their role in creating a bomb, they're 
bound to have second thoughts. The deterrent effect of a robust nuclear 
forensic capability is enormous.
  Unfortunately, today the U.S. must rely on expertise and technology 
developed during the Cold War to address the emerging threats of a 
nuclear ``dirty'' bomb. The nuclear weapons work force is aging, just 
as its mission has shifted from traditional deterrence policy to the 
more complicated challenge of containing the threats posed by 
terrorists and rogue nations. Our Nation's capability in the scientific 
fields of radiochemistry and geochemistry must be fostered to meet this 
new threat. This is the purpose of this bill.
  H.R. 2631 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.
  It also tasks the Secretary of Homeland Security with the mission of 
developing methods to attribute nuclear and radiological material, both 
within the Department's Domestic Nuclear Detection Office, and in 
partnership with other Federal agencies.
  The legislation, as amended in committee, emphasizes that development 
of a robust nuclear forensics capability depends chiefly on an expertly 
trained work force in this area, and provides support for educational 
programs relevant to nuclear forensics.
  H.R. 2631 also authorizes the National Technical Nuclear Forensic 
Center, which will be responsible for providing centralized planning, 
assessment and integration of all Federal nuclear forensic activities; 
requires the Secretary to report annually to Congress on the Federal 
Government's efforts to enhance its nuclear forensic capability, 
including the status of work force development programs, and authorizes 
$30 million per year for the next 3 fiscal years for this effort.
  H.R. 2631 continues this committee's practices of authorizing 
programs and offices within DHS that are of value to the agency's 
mission, so as to assure that the work can continue and progress can be 
achieved in the years to come.
  I urge my colleagues to support this bill.
         House of Representatives, Committee on Science and 
           Technology,
                                     Washington, DC, May 27, 2008.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security, Ford House Office 
         Building, Washington, DC.
       Dear Mr. Chairman, I am writing to you concerning the 
     jurisdictional interest of the Committee on Science and 
     Technology in H.R. 2631, the Nuclear Forensics and 
     Attribution Act, H.R. 2631 was introduced by Congressman Adam 
     B. Schiff on June 7, 2007, and the bill was subsequently 
     marked up by the Committee on Homeland Security on May 20, 
     2008.
       H.R. 2631 implicates the Committee on Science and 
     Technology's jurisdiction under rule X(1)(o) of the House 
     Rules. The Committee on Science and Technology acknowledges 
     the importance of H.R. 2631 and the

[[Page 12776]]

     need for the legislation to move expeditiously. Therefore, 
     while we have a valid claim to jurisdiction over this bill, I 
     agree not to request a sequential referral. This, of course, 
     is conditional on our mutual understanding that nothing in 
     this legislation or my decision to forgo a sequential 
     referral waives, reduces, or otherwise affects the 
     jurisdiction of the Committee on Science and Technology, and 
     that a copy of this letter and of your response will be 
     included in the legislative report for this bill and the 
     Congressional Record when the bill is considered on the House 
     Floor.
       The Committee on Science and Technology also expects that 
     you will support our request to be conferees during any 
     House-Senate conference on H.R. 2631 or similar legislation.
       Thank you for your attention to this matter.
           Sincerely,
                                                      Bart Gordon,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                    Washington, DC, June 11, 2008.
     Hon. Howard L. Berman,
     Chairman, Committee on Foreign Affairs, Rayburn House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     2631, the Nuclear Forensics and Attribution Act, introduced 
     on June 7, 2007, by Congressman Adam B. Schiff.
       I appreciate your willingness to work cooperatively on this 
     legislation. I acknowledge that H.R. 2631 contains provisions 
     that fall under the jurisdictional interests of the Committee 
     on Foreign Affairs. I appreciate your agreement to forgo any 
     further consideration or action on this legislation, and that 
     your decision to do so does not affect the jurisdiction of 
     the Committee on Foreign Affairs.
       Further, I recognize that your Committee reserves the right 
     to seek appointment of conferees on the bill for the portions 
     of the bill that are within your jurisdiction, and I agree to 
     support such a request.
       I will ensure that this exchange of letters in included in 
     the Committee's report on H.R. 2631 and in the Congressional 
     Record during floor consideration of H.R. 2631. I look 
     forward to working with you on this legislation and other 
     matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
     Chairman.
                                  ____

         Congress of the United States, Committee on Foreign 
           Affairs, House of Representatives,
                                    Washington, DC, June 11, 2008.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security, Ford House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: I am writing to you regarding H.R. 2631, 
     the Nuclear Forensics and Attribution Act, introduced on June 
     7, 2007, by Congressman Adam B. Schiff. This legislation was 
     initially referred to the Committee on Homeland Security and, 
     in addition, to the Committee on Foreign Affairs.
       In the interest of permitting your Committee to proceed 
     expeditiously to floor consideration of this important 
     legislation, I am willing to waive further consideration of 
     H.R. 2631. I do so with the understanding that by waiving 
     consideration of the bill, the Committee on Foreign Affairs 
     does not waive any future jurisdictional claim over the 
     subject matters contained in the resolution which fall within 
     its Rule X jurisdiction.
       Further, I request your support for the appointment of 
     Foreign Affairs Committee conferees during any House-Senate 
     conference convened on this legislation. I also ask that a 
     copy of this letter and your response be placed in the 
     committee report for H.R. 2631 and in the Congressional 
     Record during consideration of this bill.
       I look forward to working with you as we move this 
     important measure through the legislative process.
           Sincerely,
                                                 Howard L. Berman,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                     Washington, DC, May 28, 2008.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, Rayburn 
         Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding H.R. 
     2631, the Nuclear Forensics and Attribution Act, introduced 
     on June 7, 2007, by Congressman Adam B. Schiff.
       I appreciate your willingness to work cooperatively on this 
     important legislation. I acknowledge that H.R. 2631 contains 
     amendments to provisions of law related to matters that fall 
     under the jurisdictional interest of the Committee on Science 
     and Technology. I appreciate your agreement to not seek a 
     sequential referral of this legislation and acknowledge that 
     your decision to forgo a sequential referral on this bill 
     does not waive, alter, or otherwise affect the jurisdiction 
     of the Committee on Science and Technology.
       Further, I recognize that your committee reserves the right 
     to seek appointment of conferees on the bill for the portions 
     of the bill that are within your jurisdiction, and I agree to 
     support such a request.
       I will ensure that this exchange of letters is included is 
     the Committee's report on H.R. 2631 and in the Congressional 
     Record during floor consideration of H.R. 2631. I look 
     forward to working with you on this legislation and other 
     matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
                                                         Chairman.

  Madam Speaker, I reserve the balance of my time.
  Mr. McCAUL of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  I'm proud today to cosponsor and to support this bill and extend my 
gratitude for the bipartisan cooperation that went into drafting this 
important legislation--Congressman Schiff, Chairman Thompson, Chairman 
Langevin.
  The detonation of a nuclear device in an urban area of this country 
would be catastrophic to say the least. And with nuclear proliferation 
worldwide with such apparatuses as the A.Q. Kahn network reaching the 
Islamic jihad world, countries like Iran, North Korea, Venezuela, the 
threat of a nuclear explosion and the threat of nuclear devices coming 
into this country is very real. This bill will help prevent that.
  Reducing the risk of nuclear or radiological terrorism requires a 
layered system of defenses that involves deterring, detecting, 
disrupting and recovering from terrorist attacks.
  We've spent a great deal of time in this Congress discussing the 
efforts of the Department of Homeland Security's Domestic and Nuclear 
Detection Office, or DNDO, to deploy radiation portal monitors at our 
Nation's ports of entry. These monitors, staffed by Customs and Border 
Protection officers, are the Nation's first line of defense against 
illicit trafficking of nuclear and radiological material.
  I'd like to take this opportunity to commend the DNDO on their 
achievements in this area. But even with the best possible detection 
systems, the possibility remains that terrorists could beat the system 
and sneak something past one of our detectors and through a non-
official port of entry. That is why defense against terrorism, 
especially nuclear terrorism, requires a multi-layered approach.
  This bill will improve a critical layer in our Nation's system 
defenses against the risk of nuclear and radiological terrorism by 
codifying the role of the National Technical Nuclear Forensic Center, 
which already exists within the DNDO. By enhancing our nuclear forensic 
capabilities, we will be able to more easily identify the source of 
nuclear materials. And while getting the whole picture also requires 
good intelligence and law-enforcement style investigations, a credible 
attribution program could even serve as a deterrent against nuclear 
terrorism.
  A main concern I have had is the decreasing number of qualified 
people into the fields associated with nuclear forensics. In recent 
years, the number of young people entering scientific fields has 
declined. The nuclear fields, in particular, are suffering, especially 
in fields relevant to nuclear forensics, which may have no commercial 
counterpart. I'm pleased that this legislation includes language 
designed to strengthen the pipeline of talented new scientists into 
this important field, especially from minority-serving institutions, so 
as to take full advantage of all the talent present in our 
universities.
  This bill instructs the Department to establish a National Nuclear 
Forensics Expertise Development Program which is devoted to developing 
and maintaining a vibrant and enduring pipeline of technical 
professionals. This program will grant scholarships and fellowships 
from the undergraduate through the postdoctorate level of study in 
nuclear and geochemical science specialties, directly relevant to 
technical nuclear forensic.
  This legislation is the first step in the right direction of 
reinvigorating the work force in an area critical to continued defense 
against nuclear and radiological terrorism.

[[Page 12777]]

  I urge my colleagues to support this bill and its goals to improve 
the state of nuclear forensics in this country.
  With that, Madam Speaker, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Madam Speaker, at this time I yield 4 
minutes to the chairman of the subcommittee handling the legislation, 
the gentleman from Rhode Island (Mr. Langevin).

                              {time}  1300

  Mr. LANGEVIN. Madam Speaker, I rise today in strong support of the 
Nuclear Forensics and Attribution Act, H.R. 2631, introduced by my 
friend and colleague, Congressman Adam Schiff. Through my work on both 
the Homeland Security Committee and the House Permanent Select 
Committee on Intelligence, I have become convinced that the nuclear 
terrorist threat is real requiring the full and urgent attention of our 
government.
  Now, last weekend, we received a stark reminder of just how real this 
threat is. According to media reports, A.Q. Khan's network provided 
nations, possibly Iran and North Korea, with blueprints for a 
sophisticated nuclear device small enough to fit on a ballistic 
missile.
  Now, I take this threat very seriously, and as chairman of the 
Homeland Security Subcommittee on Emerging Threats, Cybersecurity and 
Science and Technology, I focus much of my attention on addressing our 
nuclear vulnerability. And I have always said that the core of our 
efforts must focus on a three-prong strategy: an approach of 
prevention, detection, and response.
  Now, by strengthening our detection capabilities, we've certainly 
made it more difficult for those who wish us harm to smuggle in nuclear 
weapons or weapons of nuclear material across our border. In fact, we 
are currently screening 100 percent of all incoming cargo on the 
southern border, 98 percent on the Nation's seaports, and 91 percent on 
the northern border. And Director Vayl Oxford of the Domestic Nuclear 
Detection Office assures me we will be screening 100 percent along our 
northern border by next year.
  Now, I firmly believe that the surest way to prevent a nuclear 
terrorist attack from occurring is to prevent terrorists from obtaining 
nuclear weapons or weapons-grade nuclear material in the first place, 
but all those who have these materials should be also put on notice 
that all nuclear material contains a unique signature that could be 
traced back to them.
  Now, the Nuclear Forensics and Attribution Act is a critical 
mechanism for enhancing this capability. Nuclear forensics allows 
experts to study the mix of isotopes and other features of nuclear 
material that give it a particular signature, or fingerprint. Once a 
nuclear signature has been promptly identified, we can oftentimes trace 
the material back to a particular source. Now, this is perhaps one of 
the best proactive measures we can take to deter terrorists from 
acquiring and detonating a nuclear weapon. It's also a wake-up call for 
all nations that already have nuclear weapons or weapons-grade nuclear 
material to better secure it.
  If nations around the world know they can be identified as the source 
of material used in a nuclear attack, they may think twice about 
proliferating knowing that they would be the target of any retaliatory 
efforts.
  In short, Madam Speaker, when people think of tracing where a nuclear 
attack would come from, they think of the missile being launched from a 
particular location and then detonated at a target, and they would 
obviously know and would be able to trace that missile back to where it 
was originally launched from. And if anybody were to smuggle a nuclear 
device into the country and detonate it, they would get off scot-free. 
Well, nuclear forensics clearly shows that is not the case.
  Any time that a nuclear weapon would be detonated or weapons-grade 
nuclear material would be used, it does come with a return address, and 
we would be able to trace it back.
  I'm proud to be a cosponsor of this measure, and I'm also pleased 
that we're taking yet another step to protect Americans against a 
nuclear threat.
  Again, I would like to thank Congressman Schiff for his leadership on 
this issue. I would like to thank my Ranking Member Mr. McCaul on the 
subcommittee for helping to bring this to the floor. And most 
especially I want to thank the chairman of the full Committee on 
Homeland Security, Chairman Thompson, for his leadership on securing 
the Nation against potential nuclear threats and for all of his great 
leadership on homeland security issues and for bringing this issue to 
the floor today.
  Mr. McCAUL of Texas. Madam Speaker, I continue to reserve.
  Mr. THOMPSON of Mississippi. Madam Speaker, I do have one more 
speaker, the author of the bill.
  Mr. McCAUL of Texas. Madam Speaker, I have no further speakers and am 
prepared to close.
  I reserve my time.
  Mr. THOMPSON of Mississippi. I would like to recognize the gentleman 
from California (Mr. Schiff) for 4 minutes, the author of this 
legislation and a persistent pursuer making sure that we get it to the 
floor.
  Mr. SCHIFF. I thank the chairman of the full committee for his 
leadership on this issue and for his indulgence of my perseverance. I'm 
very grateful that the bill moved so quickly and for his support of it. 
I also want to thank the chairman of the Subcommittee on Emerging 
Threats, Cybersecurity, Science and Technology, Jim Langevin, for his 
leadership, and also thank the Ranking Member Mr. McCaul. I really 
appreciate all of your help. It's been a bipartisan effort from the 
very beginning, and that's the way it should be.
  Through this legislation, we're taking an important step to prevent 
nuclear terrorism, and I appreciate, again, all of the work of the 
committee and staff.
  Nuclear terrorism is the preeminent threat of our time. Many 
countries around the world now have access to technology that was once 
the realm of only a few. Just last week it was reported that an 
advanced nuclear weapon design was found on a computer connected to one 
nuclear smuggling ring, and that was the one mentioned by my colleague, 
Mr. Langevin. Illicit nuclear material has been intercepted in transit 
many times since the Cold War, and the material we catch is probably 
just a small fraction of the total amount trafficked.
  The President and Congress have recognized that a nuclear attack on 
the United States is the most important national security threat facing 
our country. In the ongoing effort to strengthen our border, this 
Congress has made it more difficult to smuggle a nuclear weapon into 
the United States. But with thousands of miles of borders to secure 
against weapons just a few feet in size, we cannot simply play defense 
at the border. We must also prevent the weapons and materials that lie 
in storage around the world from falling into the wrong hands.
  During the Cold War, we deterred the Soviet Union with the threat of 
nuclear retaliation. Unfortunately, the decentralized flexible terror 
networks that we face today are not as easily deterred. Osama bin Laden 
has termed the acquisition of mass destruction a religious duty. And 
there is no question that using such a weapon against America is 
consistent with the group's contempt for human life.
  The Nuclear Forensics and Attribution Act is designed to help shut 
down trade in nuclear material by deterring those parts of the 
trafficking network susceptible to deterrence. If we identify the 
source of nuclear material, then when we intercept it in transit, we 
can hold responsible those who created it and shared it with terrorists 
or rogue nations. In the aftermath of an attack, God forbid, this 
capability would also help determine the identity of those responsible. 
Nations, companies, and individuals could be dissuaded from 
proliferating knowing that their malfeasance could be traced back to 
them.
  The first part of this bill expands our ability to determine the 
source of nuclear material by strengthening our

[[Page 12778]]

nuclear forensics capability. Nuclear forensics is the study of the 
chemistry and physical properties of nuclear material that give it a 
particular signature. Scientists and engineers skilled in the field can 
also use information from the packaging and accompanying materials to 
pinpoint a source.
  But acquiring, analyzing, characterizing, and attributing samples is 
a complicated process. Though we have the capability to perform each 
step, our expertise is split between the Departments of Energy, 
Defense, Homeland Security, and State.
  This bill authorizes a national technical nuclear forensics center in 
the Department of Homeland Security. The center will coordinate the 
various agencies and ensure that a sufficient combined response is 
present whenever nuclear material is intercepted or used in a weapon. 
It will also advance the science of nuclear forensics bringing in new 
radiochemists and physicists into a rapidly aging workforce and funding 
research on new methods to identify materials from around the world.
  But this bill also has another purpose. As with fingerprints or DNA, 
the strength of nuclear forensics depends on the strength of our 
database. Nuclear material can come from many nations, some friendly 
and some unfriendly.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. THOMPSON of Mississippi. Madam Speaker, I yield the gentleman 2 
additional minutes.
  Mr. SCHIFF. Madam Speaker, I thank the gentleman. That will be the 
last of my perseverance, Mr. Chairman.
  The strength of nuclear forensics depends on the strength of our 
database. That material can come from many nations, some friendly, some 
unfriendly, and the individual recipes are closely-held secrets. 
However, little of the information needed for nuclear forensics is of 
direct use to our adversaries, and in the case of our allies, the risk 
of not sharing the data and failing to discover a security breach is 
much greater than sharing the information.
  Thus, the bill asked the President to negotiate agreements with other 
nations to share information on the make-up of their nuclear materials. 
We can come to bilateral agreements with our allies or sign multi-
lateral treaties through the IAEA. We can even begin the database with 
just civilian reactor materials where information security is less of 
an issue. But we must get started now.
  The National Technical Nuclear Forensics Center should play a key 
role in the negotiations since in the end, the data we obtain must be 
the data that the experts need. Nuclear terrorism is a threat of 
paramount danger and uncertain probability. As communications and 
transportation bring us ever closer to our friends, they bring our 
enemies closer as well. This modest but effective bill will help keep 
us safe as we navigate the years ahead.
  Again, I want to thank Chairman Thompson for his leadership and the 
chairman and ranking member of the subcommittee for their assistance 
and sponsorship, and I urge my colleagues to support the bill.
  Mr. McCAUL of Texas. Madam Speaker, I continue to reserve.
  Mr. THOMPSON of Mississippi. Madam Speaker, I am prepared to close at 
this point and wonder if the gentleman from California is also.
  Mr. McCAUL of Texas. Madam Speaker, I have no further speakers. I am 
prepared to close.
  The threat of nuclear terrorism is real as we've heard. The intent, 
motivation from al Qaeda and the radical Islamic world is very real. 
They want to acquire this capability, and we know that with the 
proliferation of this technology with nuclear capability, through the 
A.Q. Khan network to many other countries, we know that this threat is 
literally on the doorstep. I believe this bill will go a long ways to 
protecting Americans which, after all, is our first and foremost 
obligation as Members of Congress to protect the American people as the 
Constitution requires.
  And that is why I'm so proud that this was presented in a bipartisan 
fashion. This is not a Democrat or Republican issue. This is an 
American issue. It is about protecting the lives of the American 
people. And I urge my colleagues to vote in favor of this bill.
  I yield back the balance of my time.
  Mr. THOMPSON of Mississippi. Madam Speaker, I yield myself as much 
time as I may consume.
  Madam Speaker, I urge passage of H.R. 2631, the Nuclear Forensics and 
Attribution Act. I would like to pay tribute to Congressman Adam 
Schiff, Subcommittee Chairman Langevin, and Ranking Member McCaul for 
the thoughtful approach taken on this critical Homeland Security 
concern.
  The risk, vulnerability, and consequences of a nuclear bomb are 
significantly different than what we think of as a dirty bomb. While a 
nuclear bomb is most assuredly a weapon of mass destruction, a dirty 
bomb is at best a weapon of mass disruption. A dirty bomb may include 
some radioactive material, but if detonated, few people, if any, would 
die shortly after exposure.
  In contrast, tens of thousands of people could potentially die from 
an explosion of a nuclear bomb.
  We need a new Manhattan Project, one where we build a nuclear 
forensics capability and workforce that can address the myriad of 
nuclear threats that we face today. H.R. 2631 does just that. That is 
why, Madam Speaker, I urge passage of this important legislation.
  Madam Speaker, as you heard, Ranking Member King is attending the 
services of Tim Russert. I would like to join my ranking member and 
other Members of Congress in expressing our sympathies to the family of 
Tim Russert.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Mississippi (Mr. Thompson) that the House suspend the 
rules and pass the bill, H.R. 2631, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read:
  ``A bill 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.''.
  A motion to reconsider was laid on the table.

                          ____________________