    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    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

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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;

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    (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) <> 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

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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) <> 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.