[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

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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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