[House Report 114-652]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-652
======================================================================
GAINS IN GLOBAL NUCLEAR DETECTION ARCHITECTURE ACT
_______
July 1, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5391]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5391) to amend the Homeland Security Act of 2002
to enhance certain duties of the Domestic Nuclear Detection
Office, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 4
Duplicative Federal Programs..................................... 4
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Preemption Clarification......................................... 4
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 5391, the Gains in Global Nuclear Detection
Architecture Act, directs the Department of Homeland Security's
Domestic Nuclear Detection Office (DNDO) to develop and
maintain documentation that provides information on how the
Office's research investments align with gaps in the Global
Nuclear Detection Architecture (GNDA) and the research
challenges identified by the DNDO Director. It further directs
DNDO to document the rationale for selecting research topics
and to develop a systematic approach for evaluating how the
outcomes of the Office's individual research projects
collectively contribute to addressing the research challenges.
In March 2015, the Government Accountability Office
reported that DNDO's Transformation and Applied Research
Directorate obligated about $350 million, between fiscal years
2008 and 2013, to fund 189 nuclear and radiation detection
research and development projects (GAO Report, Combating
Nuclear Smuggling: DHS Research and Development on Radiation
Detection Technology Could Be Strengthened, [GAO-15-263]). H.R.
5391, aims to ensure that limited research dollars are targeted
to gaps in the GNDA and challenges identified by the DNDO
Director by requiring DNDO to improve its documentation of
decisionmaking, including prioritization, of the nuclear
detection research and development that it initiates.
Background and Need for Legislation
Preventing terrorists from smuggling nuclear or
radiological material to carry out an attack in the United
States is a top national priority. The detonation of an
improvised nuclear device in an urban setting could result in
hundreds of thousands of deaths and devastate buildings and
physical infrastructure for miles. Similarly, a detonation of a
radiological dispersal device could inflict hundreds of
millions of dollars in socioeconomic costs if a large part of a
city had to be evacuated until extensive radiological
decontamination was completed.
The Department of Homeland Security's Domestic Nuclear
Detection Office (DNDO) mission is to improve capabilities to
deter, detect, respond to, and attribute responsibility for
nuclear terrorist attacks, in coordination with domestic and
international partners. As part of this mission, DNDO conducts
research and development (R&D) on radiation and nuclear
detection devices.
DNDO R&D research projects are intended to address gaps in
the Global Nuclear Detection Architecture (GNDA), a U.S.
Government framework to detect and interdict nuclear smuggling.
In March, the Government Accountability Office concluded that,
because of limitations in DNDO's documentation, it is unclear
to what extent DNDO's process for planning and selecting R&D
projects to fund aligns these investments with gaps in the GNDA
(GAO-15-263). Specifically, GAO reported that, in its annual
process for planning and selecting R&D projects, DNDO develops
high-level goals--known as research challenges--based on gaps
in the GNDA to guide its R&D investment planning, but
documentation is lacking to demonstrate that the research
projects it funds align with the Directorate's research
challenges.
Hearings
No hearings were held on H.R. 5391 in the 114th Congress.
Committee Consideration
The Committee met on June 8, 2016, to consider H.R. 5391,
and ordered the measure to be reported to the House with a
favorable recommendation, without amendment, by voice vote.
Committee Votes
Clause 3(b) of Rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 5391.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of Rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5391, the Gains in Global Nuclear Detection Architecture Act,
would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5391, the Gains in
Global Nuclear Detection Architecture Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 5391--Gains in Global Nuclear Detection Architecture Act
H.R. 5391 would direct the Domestic Nuclear Detection
Office in the Department of Homeland Security (DHS) to improve
the documentation and evaluation of research and development
projects. The department is currently carrying out activities
similar to those required by the bill, and CBO estimates that
implementing H.R. 5391 would not significantly affect DHS
spending.
Because enacting the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5391 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 5391 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the
House of Representatives, H.R. 5391 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation provides for the DNDO to develop and
maintain documentation that provides information on how the
Office's research investments align with gaps in the GNDA and
the research challenges identified by the Director. It further
provides for DNDO to document the rationale for selecting
research topics and to develop a systematic approach for
evaluating how the outcomes of the Office's individual research
projects collectively contribute to addressing the research
challenges.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 5391 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with Rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 5391 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 5391 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides that this bill may be cited as the
``Gains in Global Nuclear Detection Architecture Act''.
Sec. 2. Duties of the Domestic Nuclear Detection Office.
This section amends section 1902 of the Homeland Security
Act of 2002 (Pub. L. 107-296) to direct the Director of the
Domestic Nuclear Detection Office (DNDO) to develop and
maintain documentation, such as a technology roadmap and
strategy to provide information on how the Office's research
investments align with the gaps in the Global Nuclear Detection
Architecture (GNDA) and also with the research challenges
identified by the Director. Additionally, the DNDO Director is
directed to document the rationale for prioritizing and
selecting research topics and develop a systematic approach,
which may include annual metrics and periodic qualitative
evaluations, for evaluating how the outcomes of DNDO's
individual research projects collectively contribute to address
DNDO's research challenges.
Documentation that explains how the portfolios align with
the Transformational and Applied Research (TAR) Directorate's
research challenges and gaps in the GNDA is essential to
measuring progress on DNDO's efforts at addressing gaps in the
GNDA.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
* * * * * * *
SEC. 1902. MISSION OF OFFICE.
(a) Mission.--The Office shall be responsible for
coordinating Federal efforts to detect and protect against the
unauthorized importation, possession, storage, transportation,
development, or use of a nuclear explosive device, fissile
material, or radiological material in the United States, and to
protect against attack using such devices or materials against
the people, territory, or interests of the United States and,
to this end, shall--
(1) serve as the primary entity of the United States
Government to further develop, acquire, and support the
deployment of an enhanced domestic system to detect and
report on attempts to import, possess, store,
transport, develop, or use an unauthorized nuclear
explosive device, fissile material, or radiological
material in the United States, and improve that system
over time;
(2) enhance and coordinate the nuclear detection
efforts of Federal, State, local, and tribal
governments and the private sector to ensure a managed,
coordinated response;
(3) establish, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of Energy,
additional protocols and procedures for use within the
United States to ensure that the detection of
unauthorized nuclear explosive devices, fissile
material, or radiological material is promptly reported
to the Attorney General, the Secretary, the Secretary
of Defense, the Secretary of Energy, and other
appropriate officials or their respective designees for
appropriate action by law enforcement, military,
emergency response, or other authorities;
(4) develop, with the approval of the Secretary and
in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, an enhanced global nuclear
detection architecture with implementation under
which--
(A) the Office will be responsible for the
implementation of the domestic portion of the
global architecture;
(B) the Secretary of Defense will retain
responsibility for implementation of Department
of Defense requirements within and outside the
United States; and
(C) the Secretary of State, the Secretary of
Defense, and the Secretary of Energy will
maintain their respective responsibilities for
policy guidance and implementation of the
portion of the global architecture outside the
United States, which will be implemented
consistent with applicable law and relevant
international arrangements;
(5) ensure that the expertise necessary to accurately
interpret detection data is made available in a timely
manner for all technology deployed by the Office to
implement the global nuclear detection architecture;
(6) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and
transformational program of research and development to
generate and improve technologies to detect and prevent
the illicit entry, transport, assembly, or potential
use within the United States of a nuclear explosive
device or fissile or radiological material, and
coordinate with the Under Secretary for Science and
Technology on basic and advanced or transformational
research and development efforts relevant to the
mission of both organizations;
(7) carry out a program to test and evaluate
technology for detecting a nuclear explosive device and
fissile or radiological material, in coordination with
the Secretary of Defense and the Secretary of Energy,
as appropriate, and establish performance metrics for
evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or
material--
(A) under realistic operational and
environmental conditions; and
(B) against realistic adversary tactics and
countermeasures;
(8) support and enhance the effective sharing and use
of appropriate information generated by the
intelligence community, law enforcement agencies,
counterterrorism community, other government agencies,
and foreign governments, as well as provide appropriate
information to such entities;
(9) further enhance and maintain continuous awareness
by analyzing information from all Office mission-
related detection systems;
(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
(14) perform other duties as assigned by the
Secretary.
(b) Implementation.--In carrying out paragraph (6) of
subsection (a), the Director of the Domestic Nuclear Detection
Office shall--
(1) develop and maintain documentation, such as a
technology roadmap and strategy, that--
(A) provides information on how the Office's
research investments align with--
(i) gaps in the enhanced global
nuclear detection architecture, as
developed pursuant to paragraph (4) of
such subsection; and
(ii) research challenges identified
by the Director; and
(B) defines in detail how the Office will
address such research challenges;
(2) document the rational for prioritizing and
selecting research topics; and
(3) develop a systematic approach, which may include
annual metrics and periodic qualitative evaluations,
for evaluating how the outcomes of the Office's
individual research projects collectively contribute to
addressing the Office's research challenges.
[(b)] (c) 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-servinginstitution'' 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)).
* * * * * * *
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