I 

110TH CONGRESS 

1ST SESSION H. R. 2631 

To strengthen efforts in the Department of Homeland Security to develop 

nuclear forensics capabilities to permit attribution of the source of nuclear material. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 7, 2007 

Mr. SCHIFF (for himself, Mr. LANGEVIN, Mr. ISRAEL, Mr. SHAYS, and Mr. 

THORNBERRY) introduced the following bill; which was referred to the 

Committee on Homeland Security, and in addition to the Committee on 

Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To strengthen efforts in the Department of Homeland Security to develop nuclear forensics capabilities to permit 

attribution of the source of nuclear material. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nuclear Forensics and 

5 Attribution Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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1 (1) The threat of a nuclear terrorist attack on 

2 American soil is possibly the most serious threat to 

3 the national security of the United States. In the 

4 wake of an attack, attribution of responsibility would 

5 be of utmost importance. Because of the destructive 

6 power of the weapon, there could be little forensic 

7 evidence except the radioactive material in the bomb 

8 itself. 

9 (2) Through advanced nuclear forensics, using 

10 both existing techniques and those under develop11 ment, it may be possible to identify the origin of a 

12 weapon or material after it is detonated. Though 

13 identifying intercepted smuggled material is now 

14 possible in some cases, post-detonation forensics is a 

15 relatively undeveloped field. In addition, the pres16 sures and time constraints of performing forensics 

17 after a nuclear detonation would make attribution 

18 difficult. 

19 (3) A robust and well-known capability to iden20 tify the source of nuclear material used in an act of 

21 nuclear terror could also deter prospective 

22 proliferators. 

23 (4) In order to identify materials confidently, it 

24 is necessary to match them against samples of mate25 rial from reactors, weapons, and enrichment facilimstockstill on PROD1PC66 with BILLS

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1 ties around the world. Some of these samples are 

2 available to the International Atomic Energy Agency 

3 through safeguards agreements, and some countries 

4 maintain internal sample databases. Access to sam5 ples in many countries is limited by national security 

6 concerns. 

7 (5) In order to create a sufficient deterrent, it 

8 is necessary to have the capability to positively iden9 tify the source of nuclear material, and potential 

10 traffickers in nuclear material must be aware of that 

11 capability. International cooperation is desirable and 

12 may be essential to catalogue all existing sources of 

13 nuclear material. 

14 SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL ATTRI15 BUTION AGREEMENTS. 

16 It is the sense of the Congress that the President 

17 should— 

18 (1) pursue international agreements, both bilat19 eral and multilateral, to establish an international 

20 framework for determining the source of any con21 fiscated nuclear material or weapon, as well as the 

22 source of any detonated weapon and the nuclear ma23 terial used in such a weapon; 

24 (2) develop protocols for the dissemination of 

25 sensitive information relating to nuclear materials 

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1 and samples of controlled nuclear materials, to the 

2 extent required by the agreements entered into 

3 under paragraph (1); and 

4 (3) develop expedited protocols for the dissemi5 nation of sensitive information needed to publicly 

6 identify the source of a nuclear detonation. 

7 SEC. 4. RESPONSIBILITIES OF SECRETARY OF HOMELAND 

8 SECURITY. 

9 (a) Section 1802(a) of the Homeland Security Act of 

10 2002 (as added by Public Law 107–296; 6 U.S.C. 592) 

11 is amended— 

12 (1) in paragraph (9), by striking ‘‘and’’ after 

13 the semicolon; 

14 (2) by redesignating paragraph (10) as para15 graph (11); and 

16 (3) by inserting after paragraph (9) the fol17 lowing: 

18 ‘‘(10) develop with the approval of the Sec19 retary and in coordination with the heads of appro20 priate departments and agencies, methods to at21 tribute nuclear or radiological material to its source 

22 when such material is intercepted by the United 

23 States, foreign governments, or international bodies 

24 or dispersed in the course of a nuclear terrorist at25 tack or other nuclear or radiological explosion; and’’. 

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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated the sum of $20,000,000 for 

3 each of the fiscal years 2008, 2009, and 2010 to carry 

4 out section 1802(a)(10) of the Homeland Security Act of 

5 2002, as added by subsection (a) of this section. 

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