[111th Congress Public Law 140]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 31]]

Public Law 111-140
111th Congress

                                 An Act


 
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. <<NOTE: Feb. 16, 2010 -  [H.R. 
                                 730]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Nuclear 
Forensics and Attribution Act.>> 
SECTION 1. <<NOTE: 6 USC 101 note.>> SHORT TITLE.

    This Act may be cited as the ``Nuclear Forensics and Attribution 
Act''.
SEC. 2. <<NOTE: 6 USC 592 note.>> 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

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        atmospheric samples--often the preferred method of sample 
        acquisition--has diminished. This ability must be restored and 
        modern techniques that could complement or replace existing 
        techniques should be pursued.
            (C) The discipline of pre-detonation forensics is a 
        relatively undeveloped field. The radiation associated with a 
        nuclear or radiological device may affect traditional forensics 
        techniques in unknown ways. In a post-detonation scenario, 
        radiochemistry may provide the most useful tools for analysis 
        and characterization of samples. The number of radiochemistry 
        programs and radiochemists in United States National 
        Laboratories and universities has dramatically declined over the 
        past several decades. The narrowing pipeline of qualified people 
        into this critical field is a serious impediment to maintaining 
        a robust and credible nuclear forensics program.
            (5) Once samples have been acquired and characterized, it is 
        necessary to compare the results against samples of known 
        material from reactors, weapons, and enrichment facilities, and 
        from medical, academic, commercial, and other facilities 
        containing such materials, throughout the world. Some of these 
        samples are available to the International Atomic Energy Agency 
        through safeguards agreements, and some countries maintain 
        internal sample databases. Access to samples in many countries 
        is limited by national security concerns.
            (6) In order to create a sufficient deterrent, it is 
        necessary to have the capability to positively identify the 
        source of nuclear or radiological material, and potential 
        traffickers in nuclear or radiological material must be aware of 
        that capability. International cooperation may be essential to 
        catalogue all existing sources of nuclear or radiological 
        material.
SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS FOR 
                    FORENSICS COOPERATION.

    It is the sense of the Congress that the President should--
            (1) pursue bilateral and multilateral international 
        agreements to establish, or seek to establish under the auspices 
        of existing bilateral or multilateral agreements, an 
        international framework for determining the source of any 
        confiscated nuclear or radiological material or weapon, as well 
        as the source of any detonated weapon and the nuclear or 
        radiological material used in such a weapon;
            (2) develop protocols for the data exchange and 
        dissemination of sensitive information relating to nuclear or 
        radiological materials and samples of controlled nuclear or 
        radiological materials, to the extent required by the agreements 
        entered into under paragraph (1); and
            (3) develop expedited protocols for the data exchange and 
        dissemination of sensitive information needed to publicly 
        identify the source of a nuclear detonation.
SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETECTION OFFICE.

    (a) Additional Responsibilities.--Section 1902 of the Homeland 
Security Act of 2002 (as redesignated by Public Law 110-53; 6 U.S.C. 
592) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (9), by striking ``and'' after the 
                semicolon;

[[Page 124 STAT. 33]]

                    (B) by redesignating paragraph (10) as paragraph 
                (14); and
                    (C) by inserting after paragraph (9) the following:
            ``(10) lead the development and implementation of the 
        national strategic five-year plan for improving the nuclear 
        forensic and attribution capabilities of the United States 
        required under section 1036 of the National Defense 
        Authorization Act for Fiscal Year 2010;
            ``(11) <<NOTE: Establishment.>> 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) <<NOTE: Scholarships and fellowships.>> 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

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                      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

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                                        bearing interest at the maximum 
                                        legally prevailing rate;
            ``(13) <<NOTE: Deadline. Reports.>> provide an annual report 
        to Congress on the activities carried out under paragraphs (10), 
        (11), and (12); and''; and
            (2) by adding at the end the following new subsection:

    ``(b) Definitions.--In this section:
            ``(1) Alaska native-serving institution.--The term `Alaska 
        Native-serving institution' has the meaning given the term in 
        section 317 of the Higher Education Act of 1965 (20 U.S.C. 
        1059d).
            ``(2) Asian american and native american pacific islander-
        serving institution.--The term `Asian American and Native 
        American Pacific Islander-serving institution' has the meaning 
        given the term in section 320 of the Higher Education Act of 
        1965 (20 U.S.C. 1059g).
            ``(3) Hawaiian native-serving institution.--The term 
        `Hawaiian native-serving institution' has the meaning given the 
        term in section 317 of the Higher Education Act of 1965 (20 
        U.S.C. 1059d).
            ``(4) Hispanic-serving institution.--The term `Hispanic-
        serving institution' has the meaning given that term in section 
        502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
            ``(5) Historically black college or university.--The term 
        `historically Black college or university' has the meaning given 
        the term `part B institution' in section 322(2) of the Higher 
        Education Act of 1965 (20 U.S.C. 1061(2)).
            ``(6) Tribal college or university.--The term `Tribal 
        College or University' has the meaning given that term in 
        section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b)).''.

    (b) Joint Interagency Annual Reporting Requirement to Congress and 
the President.--
            (1) In general.--Section 1907(a)(1) of the Homeland Security 
        Act of 2002 (6 U.S.C. 596a(a)(1)) is amended--
                    (A) in subparagraph (A)(ii), by striking ``; and'' 
                and inserting a semicolon;
                    (B) in subparagraph (B)(iii), by striking the period 
                at the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) the Director of the Domestic Nuclear Detection 
                Office and each of the relevant departments that are 
                partners in the National Technical Forensics Center--
                          ``(i) include, as part of the assessments, 
                      evaluations, and reviews required under this 
                      paragraph, each office's or department's 
                      activities and investments in support of nuclear 
                      forensics and attribution activities and specific 
                      goals and objectives accomplished during the 
                      previous year pursuant to the national strategic 
                      five-year plan for improving the nuclear forensic 
                      and attribution capabilities of the United States 
                      required under section 1036 of the National 
                      Defense Authorization Act for Fiscal Year 2010;
                          ``(ii) attaches, as an appendix to the Joint 
                      Interagency Annual Review, the most current 
                      version of such strategy and plan; and

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                          ``(iii) includes a description of new or 
                      amended bilateral and multilateral agreements and 
                      efforts in support of nuclear forensics and 
                      attribution activities accomplished during the 
                      previous year.''.

    Approved February 16, 2010.

LEGISLATIVE HISTORY--H.R. 730:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 155 (2009):
                                    Mar. 24, considered and passed 
                                        House.
                                    Dec. 23, considered and passed 
                                        Senate, amended.
                                                        Vol. 156 (2010):
                                    Jan. 20, 21, House considered and 
                                        concurred in Senate
                                     amendment.

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