[Congressional Record (Bound Edition), Volume 155 (2009), Part 7]
[House]
[Pages 8410-8414]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 NUCLEAR FORENSICS AND ATTRIBUTION ACT

  Mr. CARNEY. Mr. Speaker, I move to suspend the rules and pass 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 bill is as follows:

                                H.R. 730

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nuclear Forensics and 
     Attribution Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The threat of a nuclear terrorist attack on American 
     interests, both domestic and abroad, is one of the most 
     serious threats to the national security of the United 
     States. In the wake of an attack, attribution of 
     responsibility would be of utmost importance. Because of the 
     destructive power of a nuclear weapon, there could be little 
     forensic evidence except the radioactive material in the 
     weapon itself.
       (2) Through advanced nuclear forensics, using both existing 
     techniques and those under development, it may be possible to 
     identify the source and pathway of a weapon or material after 
     it is interdicted or detonated. Though identifying 
     intercepted smuggled material is now possible in some cases, 
     pre-detonation forensics is a relatively undeveloped field. 
     The post-detonation nuclear forensics field is also immature, 
     and the challenges are compounded by the pressures and time 
     constraints of performing forensics after a nuclear or 
     radiological attack.
       (3) A robust and well-known capability to identify the 
     source of nuclear or radiological material intended for or 
     used in an act of terror could also deter prospective 
     proliferators. Furthermore, the threat of effective 
     attribution could compel improved security at material 
     storage facilities, preventing the unwitting transfer of 
     nuclear or radiological materials.
       (4)(A) In order to identify special nuclear material and 
     other radioactive materials confidently, it is necessary to 
     have a robust capability to acquire samples in a timely 
     manner, analyze and characterize samples, and compare samples 
     against known signatures of nuclear and radiological 
     material.
       (B) Many of the radioisotopes produced in the detonation of 
     a nuclear device have short half-lives, so the timely 
     acquisition of samples is of the utmost importance. Over the 
     past several decades, the ability of the United States to 
     gather atmospheric samples--often the preferred method of 
     sample acquisition--has diminished. This ability must be 
     restored and modern techniques that could complement or 
     replace existing techniques should be pursued.
       (C) The discipline of pre-detonation forensics is a 
     relatively undeveloped field. The radiation associated with a 
     nuclear or radiological device may affect traditional 
     forensics techniques in unknown ways. In a post-detonation 
     scenario, radiochemistry may provide the most useful tools 
     for analysis and characterization of samples. The number of 
     radiochemistry programs and radiochemists in United States 
     National Laboratories and universities has dramatically 
     declined over the past several decades. The narrowing 
     pipeline of qualified people into this critical field is a 
     serious impediment to maintaining a robust and credible 
     nuclear forensics program.
       (5) Once samples have been acquired and characterized, it 
     is necessary to compare the results against samples of known 
     material from reactors, weapons, and enrichment facilities, 
     and from medical, academic, commercial, and other facilities 
     containing such materials, throughout the world. Some of 
     these samples are available to the International Atomic 
     Energy Agency through safeguards agreements, and some 
     countries maintain internal sample databases. Access to 
     samples in many countries is limited by national security 
     concerns.
       (6) In order to create a sufficient deterrent, it is 
     necessary to have the capability to positively identify the 
     source of nuclear or radiological material, and potential 
     traffickers in nuclear or radiological material must be aware 
     of that capability. International cooperation may be 
     essential to catalogue all existing sources of nuclear or 
     radiological material.

     SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS FOR 
                   FORENSICS COOPERATION.

       It is the sense of the Congress that the President should--
       (1) pursue bilateral and multilateral international 
     agreements to establish, or seek to

[[Page 8411]]

     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) 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 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;
       ``(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 
Pennsylvania (Mr. Carney) and the gentleman from California (Mr. Daniel 
E. Lungren) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. CARNEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. CARNEY. Mr. Speaker, I submit for the Record an exchange of 
letters between the chairman of the Committee on Homeland Security and 
the distinguished chairs of the Committees on Foreign Affairs and 
Science and Technology.

                                     Committee on Foreign Affairs,


                                     House of Representatives,

                                   Washington, DC, March 20, 2009.
     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. 730, 
     the Nuclear Forensics and Attribution Act, introduced on 
     January 27, 2009, 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. 730. 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 bill 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. 730 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 Science and 
           Technology,
                                   Washington, DC, March 19, 2009.
     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. 730, the Nuclear Forensics and Attribution 
     Act. H.R. 730 was introduced by Congressman Adam Schiff on 
     February 5, 2009.
       H.R. 730 implicates the Committee on Science and 
     Technology's jurisdiction over Homeland Security research and 
     development under Rule X(1)(o)(14) of the House Rules, The 
     Committee on Science and Technology acknowledges the 
     importance of H.R. 730 and the 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 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. 730 or similar legislation.
       Thank you for your attention to this matter.
           Sincerely,
                                                      Bart Gordon,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                   Washington, DC, March 20, 2009.
     Hon. Howard L. Berman,
     Chairman, Committee on Foreign Affairs, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Berman: Thank you for your letter regarding 
     H.R. 730, the ``Nuclear Forensics and Attribution Act,'' 
     introduced

[[Page 8412]]

     by Congressman Adam B. Schiff on January 27, 2009.
       I appreciate your willingness to work cooperatively on this 
     legislation. I acknowledge that H.R. 730 contains provisions 
     that fall under the jurisdictional of the Committee on 
     Foreign Affairs. I appreciate your agreement to forgo any 
     further consideration or action on this legislation, and 
     acknowledge 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 the jurisdiction of the Committee 
     on Foreign Affairs, and I agree to support such a request.
       I will ensure that this exchange of letters is included in 
     the Congressional Record during floor consideration of H.R. 
     730. I look forward to working with you on this legislation 
     and other matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Homeland Security,

                                   Washington, DC, March 20, 2009.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, Rayburn House 
         Office Bldg., House of Representatives, Washington, DC.
       Dear Chairman Gordon: Thank you for your letter regarding 
     H.R. 730, the ``Nuclear Forensics and Attribution Act,'' 
     introduced by Congressman Adam B. Schiff on January 27, 2009.
       I appreciate your willingness to work cooperatively on this 
     legislation. I acknowledge that H.R. 730 contains provisions 
     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 I 
     acknowledge that your decision to forgo a sequential referral 
     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 over which your Committee has a jurisdictional 
     interest and I agree to support such a request.
       I will ensure that this exchange of letters is included in 
     the Congressional Record during floor consideration of H.R. 
     730. I look forward to working with you on this legislation 
     and other matters of great importance to this nation.
           Sincerely,
                                               Bennie G. Thompson,
                                                         Chairman.

  Mr. Speaker, I rise in strong support of H.R. 730, a bill introduced 
by my thoughtful colleague from California, Representative Adam Schiff, 
to address an emerging homeland security threat. The Nuclear Forensics 
and Attribution Act is properly targeted to ensure that our government 
has the capacity to quickly determine the source of nuclear material 
should terrorists detonate a nuclear weapon or a dirty bomb in our 
country.
  A reliable nuclear forensics capability is essential for key 
decision-makers to respond in a timely and effective manner. If 
terrorists knew that we could trace a nuclear or dirty bomb back to 
them, they may well think twice about attacking us. The potential 
deterrent value of achieving a robust national nuclear forensics 
capability is immeasurable.
  H.R. 730 has a multifaceted approach to obtaining this critical 
capability. First, it expresses the sense of Congress that the 
President should pursue international agreements and develop protocols 
to help identify the source of detonated nuclear materials.
  Second, it tasks the Department of Homeland Security with the mission 
of developing methods to attribute nuclear or radiological material, 
both within the Domestic Nuclear Detection Office, DNDO, and in 
partnership with other Federal agencies.
  Third, H.R. 730 recognizes that the development of an expertly 
trained workforce and education programs in nuclear forensics are 
critical to attaining a robust domestic attribution capability.
  Fourth, the measure authorizes the National Technical Nuclear 
Forensics Center to undertake centralized planning, assessment and 
integration of all federal nuclear forensic activities.
  The bill authorizes appropriations of $30 million per year for the 
next 3 fiscal years for this effort.
  Identical legislation passed the House on June 18, 2008. 
Unfortunately, the Senate did not take up the measure in a timely 
fashion. In this Congress, I am pleased that we are offering this 
legislation early in the first session. With a strong bipartisan vote 
today, we can send this measure on a swift path to the President's 
desk.
  I urge my colleagues to support the bill.
  I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, as the ranking member of the Homeland Security 
Subcommittee on Emerging Threats, Cybersecurity, and Science and 
Technology, I am pleased to see this important bipartisan legislation 
once again come up for a vote.
  In the last Congress, we spent a great deal of time discussing the 
efforts of the Department of Homeland Security's Domestic 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 primary defense against illicit 
trafficking of nuclear and radiological material. DNDO continues to 
improve these technologies, and I hope that we will be supportive of 
their efforts.
  Yet terrorists could overcome even the best detection systems. As we 
know, no technology is 100 percent sensitive. Border areas between 
official ports of entry also remain vulnerable. For this reason, 
defense against terrorism requires a multilayered approach, as it does 
in so many other areas. This bill is a strategy to add another layer. 
It will fortify our national capabilities in technical nuclear 
forensics, a science that plays a key role in the attribution of 
nuclear material to its source. It enumerates a variety of 
responsibilities for the department to advance and sustain a technical 
nuclear forensics capability, and it authorizes the National Technical 
Nuclear Forensic Center to undertake this mission.
  A key component is language designed to strengthen the pipeline of 
talented new scientists into this field. In recent years, as we know, 
the number of young people entering science has declined throughout 
this Nation. Nuclear fields in particular are suffering, especially 
harmful to nuclear forensics. This bill therefore instructs the 
Department to establish a National Nuclear Forensics Expertise 
Development Program devoted to developing and maintaining a vibrant and 
enduring pipeline of scientific professionals. The program will grant 
scholarships and fellowships from the undergraduate through 
postgraduate and doctorate level in nuclear and geochemical science 
specialties directly relevant to technical nuclear forensics.
  Yet, Mr. Speaker, we must remember that forensics is only one 
component of attribution. Success also requires credible intelligence 
and law enforcement-style investigation. All of these components 
together comprise a credible attribution program that will serve as a 
deterrent against nuclear terrorism.
  The detonation of a nuclear device in a populated region of this 
country would be catastrophic in the truest sense of the word. It is 
indeed my greatest fear. We must have a layered system of defenses to 
deter, detect, disrupt and recover from terrorist attacks. This 
legislation will reinvigorate the scientific workforce and improve our 
defenses against nuclear and radiological terrorism.
  I urge my colleagues to support this bill and improve our much-needed 
U.S. nuclear forensic capability.
  I reserve the balance of my time.
  Mr. CARNEY. Mr. Speaker, I yield 3 minutes to the gentleman from 
California, the author of the bill, Mr. Schiff.
  Mr. SCHIFF. Mr. Speaker, I would like to thank and congratulate my 
colleagues on the Homeland Security Committee and Chairman Thompson, 
and my colleague from California, Mr. Lungren. I appreciate all their 
support. The committee has taken an important step forward in 
preventing nuclear terrorism by persevering with this legislation. I 
appreciate all the hard work that has gone into it.
  Countries around the world now have access to technology that was 
once the

[[Page 8413]]

realm of the few, and dangerous nuclear materials are sprinkled around 
the world. It seems that each week brings evidence of the connection 
between North Korea and a serious nascent nuclear program, and we are 
still unraveling the details of the nuclear smuggling ring headed by 
A.Q. Khan 5 years after it was uncovered.
  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 just a 
small fraction of the total amount trafficked.

                              {time}  1300

  Last week, Graham Allison wrote in Newsweek that ``the only thing 
that can keep nuclear bombs out of the hands of terrorists is a brand 
new science of nuclear forensics.'' During the Cold War, we forestalled 
a Soviet nuclear attack with the threat of retaliation. But the 
decentralized flexible terror networks that we face today are not as 
easily deterred. A terrorist attack will also not leave a missile 
contrail pointed back toward those responsible.
  As Allison writes: ``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, for example, 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. 
The act is aimed at decisionmakers in North Korea, Pakistan, Iran and 
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 found, the U.S. will find out and hold them responsible.
  The first part of this bill expands our ability to determine the 
source of nuclear material by authorizing the National Technical 
Nuclear Forensic Center in the Department of Homeland Security. This 
center will coordinate the various agencies and ensure an efficient, 
combined response when nuclear material is intercepted or, God forbid, 
used 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.
  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, 
some unfriendly, and the individual recipes are closely guarded 
secrets. However, little of the information needed for forensics is of 
direct use to adversaries, so in many cases the risk of not sharing the 
data is much greater than the risk of sharing it.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. CARNEY. I yield the gentleman an additional 90 seconds.
  Mr. SCHIFF. To build a nuclear forensics database, 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 Forensic Center must play a 
key role in the negotiations to ensure that the data we obtain is the 
data necessary for quick attribution and response.
  Nuclear terrorism is a vague 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 us closer to our enemies as well. I believe this bill will help 
make sure that our ability to prevent a nuclear attack keeps up with 
our enemies' ability to prosecute one.
  Again, I want to thank Chairman Thompson for his leadership and urge 
all Members to support the bill.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, at this time I 
would be happy to grant 2 minutes to the gentleman from Texas (Mr. 
McCaul).
  Mr. McCAUL. Mr. Speaker, I rise today in support of H.R. 730, the 
Nuclear Forensic and Attribution Act. This act deals with the process 
of determining the source of confiscated nuclear material. It is a 
necessary component of our defense as it could deter states from aiding 
terrorists' efforts to carry out nuclear terrorism.
  One need only look to the A.Q. Khan network and its proliferation to 
Pakistan, Iran, North Korea, to know how important this bill and this 
provision is.
  In the last Congress we held hearings on this bill in the Emerging 
Threats, Cybersecurity and Science and Technology Subcommittee, which I 
was the ranking member. I would like to thank my good friend, Mr. 
Schiff, for working in a bipartisan manner to incorporate some of our 
suggestions, including a provision that I requested to provide 
scholarships and fellowships for those pursuing careers in technical 
nuclear forensics. As we all know, America needs to incentivize more 
young people to go into highly technical professions such as these. The 
workforce involved in nuclear forensics, in particular, has been 
evaporating for the past 30 years. Without a qualified workforce, we 
cannot attain the level of preparedness we need.
  This bill will reinvigorate the workforce pipeline to guarantee the 
Nation a resource of technical experts in this critical field, and 
strengthen America's attribution capabilities. To ensure a worthwhile 
return on public investment, the bill mandates a 2-year commitment of 
service within the Federal technical nuclear forensics workforce after 
graduation for fellows of the scholarship program.
  Again, I would like to thank my colleague, Mr. Schiff, for 
introducing this important legislation and I urge my colleagues to 
support this bill.
  Mr. CARNEY. Mr. Speaker, I continue to reserve.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, if I might inquire, 
does the gentleman have any other speakers?
  Mr. CARNEY. I do not believe we have any more speakers.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, this is an important piece of legislation. This deals 
with one aspect of what I consider to be perhaps the greater threat we 
have to our homeland and that is nuclear weapons, nuclear material that 
could be made into weapons to be utilized against the United States and 
its citizens.
  We need to do more in the area of nuclear nonproliferation. We need 
to do more in the area of negotiations with Russia, it seems to me, and 
bringing down our overall stockpiles. We need to do more in terms of 
invigorating or reinvigorating Nunn-Lugar. All of those are elements of 
an approach that is necessary to us.
  This bill takes on a slightly different aspect of that same threat 
that is out there. It is necessary, it is important, and I hope we will 
have the unanimous support of the membership for this.
  I yield back the balance of my time.
  Mr. CARNEY. Mr. Speaker, I yield 30 seconds to the gentleman from 
California (Mr. Schiff).
  Mr. SCHIFF. I thank the gentleman for yielding. I just wanted to 
thank my colleague, Mr. McCaul, for his help when he was chairing the 
subcommittee and the improvements that he made to the bill. I wanted to 
acknowledge and appreciate all your efforts.
  Mr. CARNEY. Mr. Speaker, I yield myself as much time as I might 
consume.
  Mr. Speaker, I urge passage of H.R. 730, the Nuclear Forensics and 
Attribution Act. I would like to congratulate Congressman Schiff, 
Emerging Threats Subcommittee Chairwoman Yvette Clarke, and her 
predecessor, Jim Langevin, for the thoughtful approach they have taken 
on this critical homeland security concern.
  I would like to thank our members on the other side as well. This is 
a bipartisan issue that certainly does not cross party lines. It 
affects everyone. Given the catastrophic consequences of a nuclear 
weapon, it is imperative that the U.S. have a state-of-the-art nuclear 
forensics capability.

[[Page 8414]]

  While a nuclear bomb is commonly referred to as a weapon of mass 
destruction, a radiological dirty bomb is better described as a weapon 
of mass disruption. A dirty bomb, if detonated, will likely kill few 
people. The main damage it would cause would be economic because it 
could render important commercial areas unusable due to radioactive 
contamination. In either case, we must build and sustain a nuclear 
forensics capability and workforce to address the nuclear and 
radiological threats that we face today. That is why I urge a ``yes'' 
vote on H.R. 730.
  Mr. THOMPSON of Mississippi. Mr. Speaker, H.R. 730, the ``Nuclear 
Forensics and Attribution Act,'' was first introduced in the 110th 
Congress by the gentleman from California, Mr. Schiff.
  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.
  It was unanimously approved by the Full Committee on Homeland 
Security on May 20 of 2008 and 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.
  This Congress, we are getting out of the gate early, in hopes of 
ensuring that this critical homeland security legislation becomes law.
  I would like to congratulate Congressman Schiff, 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 the 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 deterrence policy to the more complicated 
challenge of containing the terrorist threat.
  Our Nation's capabilities in the scientific fields of radio-chemistry 
and geo-chemistry 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 re-energize 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 provides support for education programs relevant to 
nuclear forensics.
  H.R. 730 also--authorizes the National Technical Nuclear Forensics 
Center, NTNFC, to enhance centralized planning and integration of 
Federal nuclear forensics activities; 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 authorizes $30 million per year for the next 
three 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 
progress can be achieved in the years to come.
  I urge my colleagues to support the bill.
  Mr. HOLT. Mr. Speaker, I am pleased that the House has passed the 
Nuclear Forensics bill.
  This bill seeks to deter terrorists' use of nuclear weapons or 
radiological material by creating international mechanisms for 
identifying and tracking such materials back to their source, ideally 
before they are used.
  We have talked for decades now about the need to secure ``loose 
nukes'' and radiological material, and we have taken some concrete if 
underfunded steps to do so, such as the Cooperative Threat Reduction 
Program. We have not expended a similar effort to widely deploy 
technologies and implement international agreements to make the 
tracking of such material so easy and reliable as to make such measures 
a deterrent themselves.
  As the American Physical Society and the American Association for the 
Advancement of Science noted in a 2008 report on this topic:

       A believable attribution capability may help to discourage 
     behavior that could lead to a nuclear event. The chain of 
     participants in a nuclear terrorist event most likely 
     includes a national government or its agents, since nearly 
     all nuclear weapons usable material is at least notionally 
     the responsibility of governments. A forensics capability 
     that can trace material to the originating reactor or 
     enrichment facility could discourage state cooperation with 
     terrorist elements and encourage better security for nuclear 
     weapon usable materials. In addition, most terrorist 
     organizations will not have members skilled in all aspects of 
     handling nuclear weapons or building an improvised nuclear 
     device. That expertise is found in a small pool of people and 
     a credible attribution capability may deter some who are 
     principally motivated by financial, rather than ideological, 
     concerns.

  This bill would, among other things, establish within the Department 
of Homeland Security a National Technical Nuclear Forensics Center to 
provide centralized stewardship, planning, assessment, gap analysis, 
exercises, improvement, and integration for all federal nuclear 
forensics activities. There is a clear need to centralize this activity 
within the federal government, and this provision is a first step in 
that direction.
  At the international level, the bill encourages the President to 
pursue bilateral and multilateral international agreements to establish 
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. U.S. leadership will be essential to the success 
of this program, and I will certainly be looking at the President's 
detailed Fiscal Year 2010 budget submission to see whether this effort 
will receive the kind of funding it needs to be successful.
  Mr. Speaker, I support this bill and I encourage my colleagues to do 
likewise.
  Mr. CARNEY. I yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Carney) that the House suspend the 
rules and pass 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.
  Mr. CARNEY. Mr. 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.

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