I 

109TH CONGRESS 

2D SESSION H. R. 5029 

To establish in the Department of Homeland Security a Domestic Nuclear 

Detection Office to improve the ability of the United States to detect 

and prevent acts of nuclear and radiological terrorism and to enhance 

coordination of such efforts across Federal agencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2006 

Mr. LINDER (for himself, Mr. LANGEVIN, Mr. KING of New York, Mr. 

MCCAUL of Texas, Mr. SHAYS, Mr. SIMMONS, Mr. THOMPSON of Mississippi, Mr. DICKS, Mr. DENT, Mr. DANIEL E. LUNGREN of California, 

and Ms. JACKSON-LEE of Texas) introduced the following bill; which was 

referred to the Committee on Homeland Security 

A BILL 

To establish in the Department of Homeland Security a 

Domestic Nuclear Detection Office to improve the ability 

of the United States to detect and prevent acts of nuclear and radiological terrorism and to enhance coordination of such efforts across Federal agencies, and for 

other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Prevention of Nuclear 

3 Terrorism Act of 2006’’. 

4 SEC. 2. ESTABLISHMENT OF DOMESTIC NUCLEAR DETEC5 TION OFFICE. 

6 (a) ESTABLISHMENT OF OFFICE.—The Homeland 

7 Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 

8 by adding at the end the following new title: 

9 ‘‘TITLE XIX—OFFICE OF DOMES10 TIC NUCLEAR DETECTION 

11 ‘‘SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE. 

12 ‘‘(a) IN GENERAL.—There shall be in the Depart13 ment of Homeland Security a Domestic Nuclear Detection 

14 Office. 

15 ‘‘(b) PURPOSE.—The purpose of the Office shall be 

16 to protect against the unauthorized importation, posses17 sion, storage, transportation, development, or use of a nu18 clear explosive device, fissile material, or radiological ma19 terial against the United States. 

20 ‘‘(c) DIRECTOR.—The Office shall be headed by a Di21 rector of Domestic Nuclear Detection, who shall be ap22 pointed by the President from among individuals nomi23 nated by the Secretary. 

24 ‘‘(d) LIMITATION.—This subtitle shall not be con25 strued to affect the performance, by directorates and 

26 agencies of the Department other than the Office, of funcVerDate Aug 31 2005 02:26 Mar 31, 2006 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5029.IH H5029

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1 tions that are not related to detection and prevention of 

2 nuclear and radiological terrorism. 

3 ‘‘SEC. 1902. FUNCTIONS OF DIRECTOR OF THE DOMESTIC 

4 NUCLEAR DETECTION OFFICE, GENERALLY. 

5 ‘‘(a) IN GENERAL.—The Secretary shall vest in the 

6 Director the primary responsibility in the Department 

7 for— 

8 ‘‘(1) administering all nuclear and radiological 

9 detection and prevention functions and assets of the 

10 Department, including those functions vested in the 

11 Department before the enactment of the Prevention 

12 of Nuclear Terrorism Act of 2006; and 

13 ‘‘(2) for coordinating such administration with 

14 nuclear and radiological detection and prevention ac15 tivities of other Federal departments and agencies. 

16 ‘‘(b) TRANSFER OF FUNCTIONS.—The Secretary 

17 shall transfer to the Director the authority to administer, 

18 or supervise the administration of, all functions, per19 sonnel, assets, and liabilities of all Department programs 

20 and projects relating to nuclear and radiological detection 

21 research, development, testing, and evaluation, and nu22 clear and radiological detection system acquisition and de23 ployment, including with respect to functions and assets 

24 transferred by section 303(1)(B), (C), and (E) and funcVerDate Aug 31 2005 02:26 Mar 31, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5029.IH H5029

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1 tions, assets, and personnel transferred pursuant to sec2 tion 1910(c). 

3 ‘‘SEC. 1903. GLOBAL NUCLEAR DETECTION ARCHITECTURE. 

4 ‘‘(a) IN GENERAL.—The Director shall coordinate 

5 the Federal Government’s implementation of a global nu6 clear detection architecture. 

7 ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director shall, 

8 under subsection (a)— 

9 ‘‘(1) design a strategy that will guide deploy10 ment of the global nuclear detection architecture; 

11 ‘‘(2) implement the strategy in the United 

12 States; and 

13 ‘‘(3) coordinate Department and Federal inter14 agency efforts to deploy the elements of the global 

15 nuclear detection architecture outside the United 

16 States. 

17 ‘‘(c) RELATIONSHIP TO OTHER DEPARTMENTS AND

18 AGENCIES.—The authority of the Director under this sec19 tion shall not affect an authority or responsibility of any 

20 other department or agency of the Federal Government 

21 with respect to the deployment of nuclear and radiological 

22 detection systems outside the United States under any 

23 program administered by that department or agency. 


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1 ‘‘SEC. 1904. RESEARCH AND DEVELOPMENT. 

2 ‘‘(a) IN GENERAL.—The Director shall carry out a 

3 research and development program to achieve trans4 formational and evolutionary improvements in detection 

5 capabilities for shielded and unshielded nuclear explosive 

6 devices and radiological dispersion devices. 

7 ‘‘(b) HIGH-RISK PROJECTS.—The program shall in8 clude funding for transformational research and develop9 ment projects that may have a high risk of failure but 

10 have the potential to provide significant benefits. 

11 ‘‘(c) LONG-TERM PROJECTS.—In order to reflect a 

12 long-term commitment to the development of more effec13 tive detection technologies, the program shall include the 

14 provision of funding for projects having a duration of more 

15 than 3 years, as appropriate. 

16 ‘‘(d) COORDINATION WITH OTHER FEDERAL PRO17 GRAMS.—The Director shall coordinate implementation of 

18 the program with other Federal agencies performing simi19 lar research and development in order to accelerate the 

20 development of effective technologies, promote technology 

21 sharing, and to avoid duplication, including through the 

22 use of the interagency coordination council established 

23 under section 1913. 


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1 ‘‘SEC. 1905. SYSTEM ASSESSMENTS. 

2 ‘‘(a) IN GENERAL.—The Director shall carry out a 

3 program to test and evaluate technology for detecting nu4 clear explosive devices and fissile or radiological material. 

5 ‘‘(b) PERFORMANCE METRICS.—The Director shall 

6 establish performance metrics for evaluating the effective7 ness of individual detectors and detection systems in de8 tecting nuclear explosive devices or fissile or radiological 

9 material— 

10 ‘‘(1) under realistic operational and environ11 mental conditions; and 

12 ‘‘(2) against realistic adversary tactics and 

13 countermeasures. 

14 ‘‘(c) PROVISION OF TESTING SERVICES.— 

15 ‘‘(1) IN GENERAL.—The Director may, under 

16 the program, make available testing services to com17 mercial developers of detection devices. 

18 ‘‘(2) FEES.—The Director may charge fees, as 

19 appropriate, for performance of services under this 

20 subsection. 

21 ‘‘(d) SYSTEM ASSESSMENTS.— 

22 ‘‘(1) IN GENERAL.—The Director shall periodi23 cally perform system-wide assessments of the global 

24 nuclear detection architecture to identify 

25 vulnerabilities and to gauge overall system perform26 ance against nuclear and radiological threats. 


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1 ‘‘(2) INCLUDED ACTIVITIES.—The assessments 

2 shall include— 

3 ‘‘(A) red teaming activities to identify 

4 vulnerabilities and possible modes of attack and 

5 concealment methods; and 

6 ‘‘(B) net assessments to determine archi7 tecture performance against adversary tactics 

8 and concealment methods. 

9 ‘‘(3) USE.—The Director shall use the assess10 ments to guide deployment of the global nuclear de11 tection architecture and the research and develop12 ment activities of the Office. 

13 ‘‘SEC. 1906. TECHNOLOGY ACQUISITION, DEPLOYMENT, 

14 SUPPORT, AND TRAINING. 

15 ‘‘(a) ACQUISITION STRATEGY.— 

16 ‘‘(1) IN GENERAL.—The Director shall develop 

17 and, subject to the availability of appropriations, 

18 execute a strategy for the acquisition and deploy19 ment of detection systems in order to implement the 

20 Department components of the global nuclear detec21 tion architecture developed under section 1903. 

22 ‘‘(2) USE OF AVAILABLE CONTRACTING PROCE23 DURES.—The Director shall make use of all con24 tracting procedures available to the Secretary to im25 plement the acquisition strategy. 


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1 ‘‘(3) DETERMINATION OF QUALIFIED ANTI-TER2 RORISM TECHNOLOGY.—The Director shall make 

3 recommendations based on the criteria included in 

4 section 862(b) as to whether the detection systems 

5 acquired pursuant to this subsection shall be des6 ignated by the Secretary as anti-terrorism tech7 nologies that qualify for protection under the system 

8 of risk management set forth in subtitle G of title 

9 VIII. The Undersecretary for Science and Tech10 nology shall consider the Director’s recommenda11 tions and expedite the process of determining wheth12 er such detection systems shall be designated as 

13 anti-terrorism technologies that qualify for such pro14 tection. 

15 ‘‘(b) DEPLOYMENT.—The Director shall deploy de16 tection systems for use by Department operational units 

17 and other end-users in implementing the global nuclear 

18 detection architecture. 

19 ‘‘(c) OPERATIONAL SUPPORT AND PROTOCOLS.— 

20 ‘‘(1) OPERATIONAL SUPPORT.—The Director 

21 shall provide operational support for all systems ac22 quired to implement the acquisition strategy devel23 oped under subsection (a). 

24 ‘‘(2) OPERATIONAL PROTOCOLS.—The Director 

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1 nology acquired and deployed to implement the ac2 quisition strategy, including procedures for alarm 

3 resolution and notification of appropriate response 

4 agencies in the event that illicit nuclear, radioactive, 

5 or fissile materials are detected by such a product or 

6 service. 

7 ‘‘(3) TECHNICAL REACHBACK.—The Director 

8 will ensure that the expertise necessary to accurately 

9 interpret detection data is made available in a timely 

10 manner for all technology deployed to implement the 

11 global nuclear detection architecture. 

12 ‘‘(d) TRAINING.—The Director shall develop and dis13 tribute training materials and provide training to all end14 users of technology acquired by the Director under the ac15 quisition strategy. 

16 ‘‘(e) SOLICITATION OF END-USER INPUT.—In devel17 oping requirements for the research and development pro18 gram of section 1904 and requirements for the acquisition 

19 of detection systems to implement the strategy in sub20 section (a), the Director shall solicit input from end-users 

21 of such systems. 

22 ‘‘(f) STATE AND LOCAL SUPPORT.—Upon request, 

23 the Director shall provide guidance regarding radiation 

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1 ritorial, tribal and local governments and emergency re2 sponse providers. 

3 ‘‘SEC. 1907. SITUATIONAL AWARENESS. 

4 ‘‘(a) DETECTION INFORMATION.—The Director— 

5 ‘‘(1) shall continuously monitor detection infor6 mation received from foreign and domestic detection 

7 systems to maintain for the Department a situa8 tional awareness of all nuclear threats; 

9 ‘‘(2) shall gather and archive— 

10 ‘‘(A) detection data measurements taken of 

11 benign activities in the normal flows of com12 merce; and 

13 ‘‘(B) alarm data, including false alarms 

14 and nuisance alarms. 

15 ‘‘(b) INFORMATION SHARING.—The Director shall 

16 coordinate with other governmental agencies to ensure 

17 that the detection of unauthorized nuclear explosive de18 vices, fissile material, or radiological material is promptly 

19 reported to all appropriate Federal response agencies in20 cluding the Attorney General, the Director of the Federal 

21 Bureau of Investigation, the Secretary of Defense, and the 

22 Secretary of Energy. 

23 ‘‘(c) INCIDENT RESOLUTION.—The Director shall as24 sess nuclear threats communicated by Federal, State, trib25 al, or local officials and provide adequate technical 


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1 reachback capability for swift and effective incident resolu2 tion. 

3 ‘‘(d) SECURITY.—The Director shall— 

4 ‘‘(1) develop and implement security standards 

5 and protocols for the control and protection of all 

6 classified or sensitive information in possession of 

7 the Office; and 

8 ‘‘(2) ensure that relevant personnel of the Of9 fice have the required security clearances to properly 

10 handle such information. 

11 ‘‘SEC. 1908. FORENSIC ANALYSIS. 

12 ‘‘The Director shall perform all research, develop13 ment, and acquisition activities of the Department per14 taining to forensic analysis and attribution of nuclear and 

15 radiological attacks. 

16 ‘‘SEC. 1909. THREAT INFORMATION. 

17 ‘‘(a) THREAT ASSESSMENTS.—The Director shall 

18 utilize classified and unclassified nuclear and radiological 

19 threat assessments in designing the global nuclear detec20 tion architecture under section 1903, prioritizing detection 

21 system deployments, and testing and optimizing system 

22 performance of that architecture, including assessments 

23 of— 

24 ‘‘(1) smuggling routes; 


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1 ‘‘(2) locations of relevant nuclear and radio2 logical material throughout the world; 

3 ‘‘(3) relevant terrorist tradecraft and conceal4 ment methods; 

5 ‘‘(4) relevant nuclear and radiological threat ob6 jects in terms of possible detection signatures. 

7 ‘‘(b) ACCESS TO INFORMATION.—The Secretary shall 

8 provide the Director access to all information relating to 

9 nuclear and radiological threats, including reports, assess10 ments, analyses, and unevaluated intelligence, that is nec11 essary to successfully design, deploy, and support the op12 eration of an effective global detection architecture under 

13 section 1903. 

14 ‘‘(c) ANALYTICAL SUPPORT.—The Director shall re15 quest that the Secretary provide to the Director, pursuant 

16 to section 201(d)(18), the requisite intelligence and infor17 mation analysis support necessary to effectively discharge 

18 the Director’s responsibilities. 

19 ‘‘(d) ANALYTICAL EXPERTISE.—For the purposes of 

20 performing any of the assessments required under sub21 section (a), the Director, subject to the availability of ap22 propriations, may hire professional personnel who are ana23 lysts with experience in performing nuclear and radio24 logical threat assessments. 


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1 ‘‘(e) COLLECTION REQUESTS.—The Director shall 

2 recommend to the Secretary consultation that should 

3 occur pursuant to section 201(d)(10) regarding intel4 ligence collection to design, deploy, and support the oper5 ation of the global detection architecture under section 

6 1903. 

7 ‘‘SEC. 1910. ADMINISTRATIVE AUTHORITIES. 

8 ‘‘(a) HIRING.—In hiring personnel for the Office, the 

9 Secretary shall have hiring and management authorities 

10 described in section 1101 of the Strom Thurmond Na11 tional Defense Authorization Act for Fiscal Year 1999 (5 

12 U.S.C. 3104 note; Public Law 105–261). The term of ap13 pointments for employees under subsection (c)(1) of that 

14 section may not exceed 5 years before granting any exten15 sion under subsection (c)(2) of that section. 

16 ‘‘(b) DETAIL OF PERSONNEL.—In order to assist the 

17 Director in discharging the Director’s responsibilities, per18 sonnel of other Federal agencies may be detailed to the 

19 Office for the performance of analytic functions and re20 lated duties. 

21 ‘‘(c) TRANSFER OF SCIENCE AND TECHNOLOGY

22 FUNCTIONS, PERSONNEL, AND ASSETS.— 

23 ‘‘(1) TRANSFER REQUIRED.—Except as pro24 vided in paragraph (2), the Secretary shall transfer 

25 to the Director the functions, assets, and personnel 


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1 of the Department relating to radiological and nu2 clear countermeasures, including forensics of con3 taminated evidence and attack attribution. 

4 ‘‘(2) EXCEPTIONS.—The Secretary shall not 

5 transfer under paragraph (1) functions, assets, and 

6 personnel relating to consequence management and 

7 recovery. 

8 ‘‘(3) ELIMINATION OF DUPLICATION OF EF9 FORT.—The Secretary shall ensure that to the ex10 tent there are complementary functions vested in the 

11 Directorate of Science and Technology and the Of12 fice with respect to radiological and nuclear counter13 measures, the Under Secretary for Science and 

14 Technology and the Director coordinate the pro15 grams they administer to eliminate duplication and 

16 increase integration opportunities, particularly with 

17 respect to technology development and test and eval18 uation. 

19 ‘‘SEC. 1911. REPORT REQUIREMENT. 

20 ‘‘The Director shall submit to the appropriate con21 gressional committees an annual report on the following: 

22 ‘‘(1) The global detection strategy developed 

23 under section 1903. 

24 ‘‘(2) The status of implementation of such ar25 chitecture. 


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1 ‘‘(3) The schedule for future detection system 

2 deployments under such architecture. 

3 ‘‘(4) The research and development program of 

4 the Office. 

5 ‘‘(5) A summary of actions taken by the Office 

6 during the reporting period to counter nuclear and 

7 radiological threats. 

8 ‘‘SEC. 1912. ADVISORY COUNCIL ON NUCLEAR DETECTION. 

9 ‘‘(a) ESTABLISHMENT.—There is established within 

10 the Office an Advisory Council on Nuclear Detection, 

11 which shall report to the Director (in this section referred 

12 to as the ‘Advisory Council’). 

13 ‘‘(b) FUNCTIONS.—The Advisory Council shall, at the 

14 request of the Director— 

15 ‘‘(1) advise the Director on recommendations 

16 for the global nuclear detection architecture devel17 oped under section 1903(a); 

18 ‘‘(2) identify research areas for development of 

19 next-generation and transformational nuclear and 

20 radiological detection technologies; and 

21 ‘‘(3) and have such additional responsibilities as 

22 the Director may assign in furtherance of the De23 partment’s homeland security mission with respect 

24 to enhancing domestic and international nuclear and 

25 radiological detection capabilities. 


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1 ‘‘(c) MEMBERSHIP.—The Advisory Council shall con2 sist of 5 members appointed by the Director, who shall— 

3 ‘‘(1) be individuals who have an eminent knowl4 edge and technical expertise related to nuclear and 

5 radiological detection research and development and 

6 radiation detection; and 

7 ‘‘(2) be selected solely on the basis of their es8 tablished record of distinguished service; and 

9 ‘‘(3) not be employees of the Federal Govern10 ment, other than employees of National Labora11 tories. 

12 ‘‘(d) CONFLICT OF INTEREST RULES.—The Advisory 

13 Council shall establish rules for determining when one of 

14 its members has a conflict of interest in a matter being 

15 considered by the Advisory Council, and the appropriate 

16 course of action to address such conflicts of interest. 

17 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT EXEMP18 TION.—The Federal Advisory Committee Act shall not 

19 apply to the Advisory Council. 

20 ‘‘SEC. 1913. INTERAGENCY COORDINATION COUNCIL. 

21 ‘‘The Director shall— 

22 ‘‘(1) establish an interagency coordination coun23 cil to facilitate interagency cooperation for purposes 

24 of implementing this title, and 


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1 ‘‘(2) invite the Attorney General, the Secretary 

2 of Energy, the Secretary of State, the Secretary of 

3 Defense, and the heads of other appropriate Federal 

4 agencies to designate members to serve on such 

5 council. 

6 ‘‘SEC. 1914. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘There is authorized to be appropriated to carry out 

8 this title— 

9 ‘‘(1) $536,000,000 for fiscal year 2007; and 

10 ‘‘(2) such sums as may be necessary for each 

11 subsequent fiscal year. 

12 ‘‘SEC. 1915. DEFINITIONS. 

13 ‘‘In this title: 

14 ‘‘(1) The term ‘Director’ means the Director of 

15 the Domestic Nuclear Detection Office. 

16 ‘‘(2) The term ‘fissile materials’ means mate17 rials capable of sustaining a nuclear chain reaction. 

18 ‘‘(3) The term ‘global nuclear detection archi19 tecture’ means a multi-layered system of detectors 

20 deployed internationally and domestically to detect 

21 and interdict nuclear and radiological materials in22 tended for illicit use. 

23 ‘‘(4) The term ‘Office’ means the Domestic Nu24 clear Detection Office. 


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1 ‘‘(5) The term ‘radiological material’ means 

2 material that emits nuclear radiation. 

3 ‘‘(6) The term ‘nuclear explosive device’ means 

4 an explosive device capable of producing a nuclear 

5 yield. 

6 ‘‘(7) The term ‘technical reachback’ means 

7 technical expert support provided to operational end 

8 users for data interpretation and alarm resolution. 

9 ‘‘(8) The term ‘transformational’ means that, if 

10 successful, will produce dramatic technological im11 provements over existing capabilities in the areas of 

12 performance, cost, or ease of use.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Section 103(d) of the Homeland Security 

15 Act of 2002 (6 U.S.C. 113(d)) is amended by adding 

16 at the end the following: 

17 ‘‘(5) A Director of the Domestic Nuclear Detec18 tion Office.’’. 

19 (2) Section 302 of such Act (6 U.S.C. 182) is 

20 amended— 

21 (A) in paragraph (2) by striking ‘‘radio22 logical, nuclear’’; and 

23 (B) in paragraph (5)(A) by striking ‘‘radi24 ological, nuclear’’. 


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1 (3) Section 305 of such Act (6 U.S.C. 185) is 

2 amended by inserting ‘‘and the Director of the Do3 mestic Nuclear Detection Office’’ after ‘‘Tech4 nology’’. 

5 (4) Section 308 of such Act (6 U.S.C. 188) is 

6 amended in each of subsections (a) and (b)(1) by in7 serting ‘‘and the Director of the Domestic Nuclear 

8 Detection Office’’ after ‘‘Technology’’ each place it 

9 appears. 

10 (c) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of the Homeland Security Act of 2002 (116 

12 Stat. 2135) is amended by adding at the end the following: 

‘‘TITLE XIX—OFFICE OF DOMESTIC NUCLEAR DETECTION 

‘‘Sec. 1901. Domestic Nuclear Detection Office. 

‘‘Sec. 1902. Functions of Director of the Domestic Nuclear Detection Office, 

generally. 

‘‘Sec. 1903. Global nuclear detection architecture. 

‘‘Sec. 1904. Research and development. 

‘‘Sec. 1905. System assessments. 

‘‘Sec. 1906. Technology acquisition, deployment, support, and training. 

‘‘Sec. 1907. Situational awareness. 

‘‘Sec. 1908. Forensic analysis. 

‘‘Sec. 1909. Threat information. 

‘‘Sec. 1910. Administrative authorities. 

‘‘Sec. 1911. Report requirement. 

‘‘Sec. 1912. Advisory Council on Nuclear Detection. 

‘‘Sec. 1913. Interagency coordination council. 

‘‘Sec. 1914. Definitions.’’. 

Æ 


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