PUBLIC LAW 111–140—FEB. 16, 2010 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. 

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, predetonation forensics is a relatively undeveloped field. The postdetonation 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 

6 USC 592 note. 

6 USC 101 note. 

Nuclear 

Forensics and 

Attribution Act. 

Feb. 16, 2010 

[H.R. 730] 


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124 STAT. 32 PUBLIC LAW 111–140—FEB. 16, 2010 

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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PUBLIC LAW 111–140—FEB. 16, 2010 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) 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 

Scholarships and 

fellowships. 

Establishment. 


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124 STAT. 34 PUBLIC LAW 111–140—FEB. 16, 2010 

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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PUBLIC LAW 111–140—FEB. 16, 2010 124 STAT. 35 

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 ‘Hispanicserving 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 

Deadline. 

Reports. 


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124 STAT. 36 PUBLIC LAW 111–140—FEB. 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. 

Æ 

‘‘(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. 


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