II 

Calendar No. 244 

111TH CONGRESS 

1ST SESSION H. R. 730 

IN THE SENATE OF THE UNITED STATES 

MARCH 26, 2009 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

DECEMBER 17, 2009 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

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 interests, both domestic and abroad, is one 

3 of the most serious threats to the national security 

4 of the United States. In the wake of an attack, attri5 bution of responsibility would be of utmost impor6 tance. Because of the destructive power of a nuclear 

7 weapon, there could be little forensic evidence except 

8 the radioactive material in the weapon itself. 

9 (2) Through advanced nuclear forensics, using 

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

12 pathway of a weapon or material after it is inter13 dicted or detonated. Though identifying intercepted 

14 smuggled material is now possible in some cases, 

15 pre-detonation forensics is a relatively undeveloped 

16 field. The post-detonation nuclear forensics field is 

17 also immature, and the challenges are compounded 

18 by the pressures and time constraints of performing 

19 forensics after a nuclear or radiological attack. 

20 (3) A robust and well-known capability to iden21 tify the source of nuclear or radiological material in22 tended for or used in an act of terror could also 

23 deter prospective proliferators. Furthermore, the 

24 threat of effective attribution could compel improved 

25 security at material storage facilities, preventing the 


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1 unwitting transfer of nuclear or radiological mate2 rials. 

3 (4)(A) In order to identify special nuclear mate4 rial and other radioactive materials confidently, it is 

5 necessary to have a robust capability to acquire sam6 ples in a timely manner, analyze and characterize 

7 samples, and compare samples against known signa8 tures of nuclear and radiological material. 

9 (B) Many of the radioisotopes produced in the 

10 detonation of a nuclear device have short half-lives, 

11 so the timely acquisition of samples is of the utmost 

12 importance. Over the past several decades, the abil13 ity of the United States to gather atmospheric sam14 ples—often the preferred method of sample acquisi15 tion—has diminished. This ability must be restored 

16 and modern techniques that could complement or re17 place existing techniques should be pursued. 

18 (C) The discipline of pre-detonation forensics is 

19 a relatively undeveloped field. The radiation associ20 ated with a nuclear or radiological device may affect 

21 traditional forensics techniques in unknown ways. In 

22 a post-detonation scenario, radiochemistry may pro23 vide the most useful tools for analysis and character24 ization of samples. The number of radiochemistry 

25 programs and radiochemists in United States NaVerDate Nov 24 2008 23:17 Dec 17, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H730.RS H730

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1 tional Laboratories and universities has dramatically 

2 declined over the past several decades. The nar3 rowing pipeline of qualified people into this critical 

4 field is a serious impediment to maintaining a robust 

5 and credible nuclear forensics program. 

6 (5) Once samples have been acquired and char7 acterized, it is necessary to compare the results 

8 against samples of known material from reactors, 

9 weapons, and enrichment facilities, and from med10 ical, academic, commercial, and other facilities con11 taining such materials, throughout the world. Some 

12 of these samples are available to the International 

13 Atomic Energy Agency through safeguards agree14 ments, and some countries maintain internal sample 

15 databases. Access to samples in many countries is 

16 limited by national security concerns. 

17 (6) In order to create a sufficient deterrent, it 

18 is necessary to have the capability to positively iden19 tify the source of nuclear or radiological material, 

20 and potential traffickers in nuclear or radiological 

21 material must be aware of that capability. Inter22 national cooperation may be essential to catalogue 

23 all existing sources of nuclear or radiological mate24 rial. 


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1 SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREE2 MENTS FOR FORENSICS COOPERATION. 

3 It is the sense of the Congress that the President 

4 should— 

5 (1) pursue bilateral and multilateral inter6 national agreements to establish, or seek to establish 

7 under the auspices of existing bilateral or multilat8 eral agreements, an international framework for de9 termining the source of any confiscated nuclear or 

10 radiological material or weapon, as well as the 

11 source of any detonated weapon and the nuclear or 

12 radiological material used in such a weapon; 

13 (2) develop protocols for the data exchange and 

14 dissemination of sensitive information relating to nu15 clear or radiological materials and samples of con16 trolled nuclear or radiological materials, to the ex17 tent required by the agreements entered into under 

18 paragraph (1); and 

19 (3) develop expedited protocols for the data ex20 change and dissemination of sensitive information 

21 needed to publicly identify the source of a nuclear 

22 detonation. 


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1 SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETEC2 TION OFFICE. 

3 (a) ADDITIONAL RESPONSIBILITIES.—Section 1902 

4 of the Homeland Security Act of 2002 (as redesignated 

5 by Public Law 110–53; 6 U.S.C. 592) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (9), by striking ‘‘and’’ 

8 after the semicolon; 

9 (B) by redesignating paragraph (10) as 

10 paragraph (14); and 

11 (C) by inserting after paragraph (9) the 

12 following: 

13 ‘‘(10) develop and implement, with the approval 

14 of the Secretary and in coordination with the heads 

15 of appropriate departments and agencies, methods 

16 and capabilities to support the attribution of nuclear 

17 or radiological material to its source when such ma18 terial is intercepted by the United States, foreign 

19 governments, or international bodies or is dispersed 

20 in the course of a terrorist attack or other nuclear 

21 or radiological explosion; 

22 ‘‘(11) establish, within the Domestic Nuclear 

23 Detection Office, the National Technical Nuclear 

24 Forensics Center to provide centralized stewardship, 

25 planning, assessment, gap analysis, exercises, im26 provement, and integration for all Federal nuclear 


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1 forensics activities in order to ensure an enduring 

2 national technical nuclear forensics capability and 

3 strengthen the collective response of the United 

4 States to nuclear terrorism or other nuclear attacks; 

5 ‘‘(12) establish a National Nuclear Forensics 

6 Expertise Development Program which— 

7 ‘‘(A) is devoted to developing and main8 taining a vibrant and enduring academic path9 way from undergraduate to post-doctorate 

10 study in nuclear and geochemical science spe11 cialties directly relevant to technical nuclear 

12 forensics, including radiochemistry, geo13 chemistry, nuclear physics, nuclear engineering, 

14 materials science, and analytical chemistry; and 

15 ‘‘(B) shall— 

16 ‘‘(i) make available for undergraduate 

17 study student scholarships, with a duration 

18 of up to four years per student, which shall 

19 include, whenever possible, at least one 

20 summer internship at a national laboratory 

21 or appropriate Federal agency in the field 

22 of technical nuclear forensics during the 

23 course of the student’s undergraduate ca24 reer; 


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1 ‘‘(ii) make available for graduate 

2 study student fellowships, with a duration 

3 of up to five years per student, which— 

4 ‘‘(I) shall include, whenever pos5 sible, at least two summer internships 

6 at a national laboratory or appro7 priate Federal agency in the field of 

8 technical nuclear forensics during the 

9 course of the student’s graduate ca10 reer; and 

11 ‘‘(II) shall require each recipient 

12 to commit to serve for two years in a 

13 post-doctoral position in a technical 

14 nuclear forensics-related specialty at a 

15 national laboratory or appropriate 

16 Federal agency after graduation; 

17 ‘‘(iii) make available to faculty 

18 awards, with a duration of three to five 

19 years each, to ensure faculty and their 

20 graduate students a sustained funding 

21 stream; and 

22 ‘‘(iv) place a particular emphasis on 

23 reinvigorating technical nuclear forensics 

24 programs, while encouraging the participa25 tion of undergraduate students, graduate 


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1 students, and university faculty from his2 torically Black colleges and universities, 

3 Hispanic-serving institutions, and Tribal 

4 Colleges and Universities; 

5 ‘‘(13) provide an annual report to Congress on 

6 the activities carried out under paragraphs (10), 

7 (11), and (12); and’’; and 

8 (2) by adding at the end the following new sub9 section: 

10 ‘‘(b) DEFINITIONS.—In this section: 

11 ‘‘(1) HISTORICALLY BLACK COLLEGE OR UNI12 VERSITY.—The term ‘historically Black college or 

13 university’ has the meaning given the term ‘part B 

14 institution’ in section 322(2) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1061(2)). 

16 ‘‘(2) HISPANIC-SERVING INSTITUTION.—The 

17 term ‘Hispanic-serving institution’ has the meaning 

18 given that term in section 502 of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1101a). 

20 ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 

21 term ‘Tribal College or University’ has the meaning 

22 given that term in section 316(b) of the Higher 

23 Education Act of 1965 (20 U.S.C. 1059c(b)).’’. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated the sum of $30,000,000 for 


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1 each of the fiscal years 2009, 2010, and 2011 to carry 

2 out paragraphs (10) through (13) of section 1902(a) of 

3 the Homeland Security Act of 2002, as added by sub4 section (a) of this section. 

5 SECTION 1. SHORT TITLE. 

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

7 Attribution Act’’. 

8 SEC. 2. FINDINGS. 

9 Congress finds the following: 

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

11 American interests, both domestic and abroad, is one 

12 of the most serious threats to the national security of 

13 the United States. In the wake of an attack, attribu14 tion of responsibility would be of utmost importance. 

15 Because of the destructive power of a nuclear weapon, 

16 there could be little forensic evidence except the radio17 active material in the weapon itself. 

18 (2) Through advanced nuclear forensics, using 

19 both existing techniques and those under development, 

20 it may be possible to identify the source and pathway 

21 of a weapon or material after it is interdicted or deto22 nated. Though identifying intercepted smuggled mate23 rial is now possible in some cases, pre-detonation 

24 forensics is a relatively undeveloped field. The post25 detonation nuclear forensics field is also immature, 


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1 and the challenges are compounded by the pressures 

2 and time constraints of performing forensics after a 

3 nuclear or radiological attack. 

4 (3) A robust and well-known capability to iden5 tify the source of nuclear or radiological material in6 tended for or used in an act of terror could also deter 

7 prospective proliferators. Furthermore, the threat of 

8 effective attribution could compel improved security 

9 at material storage facilities, preventing the unwit10 ting transfer of nuclear or radiological materials. 

11 (4)(A) In order to identify special nuclear mate12 rial and other radioactive materials confidently, it is 

13 necessary to have a robust capability to acquire sam14 ples in a timely manner, analyze and characterize 

15 samples, and compare samples against known signa16 tures of nuclear and radiological material. 

17 (B) Many of the radioisotopes produced in the 

18 detonation of a nuclear device have short half-lives, so 

19 the timely acquisition of samples is of the utmost im20 portance. Over the past several decades, the ability of 

21 the United States to gather atmospheric samples— 

22 often the preferred method of sample acquisition—has 

23 diminished. This ability must be restored and modern 

24 techniques that could complement or replace existing 

25 techniques should be pursued. 


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1 (C) The discipline of pre-detonation forensics is 

2 a relatively undeveloped field. The radiation associ3 ated with a nuclear or radiological device may affect 

4 traditional forensics techniques in unknown ways. In 

5 a post-detonation scenario, radiochemistry may pro6 vide the most useful tools for analysis and character7 ization of samples. The number of radiochemistry 

8 programs and radiochemists in United States Na9 tional Laboratories and universities has dramatically 

10 declined over the past several decades. The narrowing 

11 pipeline of qualified people into this critical field is 

12 a serious impediment to maintaining a robust and 

13 credible nuclear forensics program. 

14 (5) Once samples have been acquired and charac15 terized, it is necessary to compare the results against 

16 samples of known material from reactors, weapons, 

17 and enrichment facilities, and from medical, aca18 demic, commercial, and other facilities containing 

19 such materials, throughout the world. Some of these 

20 samples are available to the International Atomic 

21 Energy Agency through safeguards agreements, and 

22 some countries maintain internal sample databases. 

23 Access to samples in many countries is limited by na24 tional security concerns. 


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1 (6) In order to create a sufficient deterrent, it is 

2 necessary to have the capability to positively identify 

3 the source of nuclear or radiological material, and po4 tential traffickers in nuclear or radiological material 

5 must be aware of that capability. International co6 operation may be essential to catalogue all existing 

7 sources of nuclear or radiological material. 

8 SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREE9 MENTS FOR FORENSICS COOPERATION. 

10 It is the sense of the Congress that the President 

11 should— 

12 (1) pursue bilateral and multilateral inter13 national agreements to establish, or seek to establish 

14 under the auspices of existing bilateral or multilateral 

15 agreements, an international framework for deter16 mining the source of any confiscated nuclear or radi17 ological material or weapon, as well as the source of 

18 any detonated weapon and the nuclear or radiological 

19 material used in such a weapon; 

20 (2) develop protocols for the data exchange and 

21 dissemination of sensitive information relating to nu22 clear or radiological materials and samples of con23 trolled nuclear or radiological materials, to the extent 

24 required by the agreements entered into under para25 graph (1); and 


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1 (3) develop expedited protocols for the data ex2 change and dissemination of sensitive information 

3 needed to publicly identify the source of a nuclear det4 onation. 

5 SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETEC6 TION OFFICE. 

7 (a) ADDITIONAL RESPONSIBILITIES.—Section 1902 of 

8 the Homeland Security Act of 2002 (as redesignated by 

9 Public Law 110–53; 6 U.S.C. 592) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (9), by striking ‘‘and’’ 

12 after the semicolon; 

13 (B) by redesignating paragraph (10) as 

14 paragraph (14); and 

15 (C) by inserting after paragraph (9) the fol16 lowing: 

17 ‘‘(10) lead the development and implementation 

18 of the national strategic five-year plan for improving 

19 the nuclear forensic and attribution capabilities of the 

20 United States required under section 1036 of the Na21 tional Defense Authorization Act for Fiscal Year 

22 2010; 

23 ‘‘(11) establish, within the Domestic Nuclear De24 tection Office, the National Technical Nuclear 

25 Forensics Center to provide centralized stewardship, 


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1 planning, assessment, gap analysis, exercises, im2 provement, and integration for all Federal nuclear 

3 forensics and attribution activities— 

4 ‘‘(A) to ensure an enduring national tech5 nical nuclear forensics capability to strengthen 

6 the collective response of the United States to nu7 clear terrorism or other nuclear attacks; and 

8 ‘‘(B) to coordinate and implement the na9 tional strategic five-year plan referred to in 

10 paragraph (10); 

11 ‘‘(12) establish a National Nuclear Forensics Ex12 pertise Development Program, which— 

13 ‘‘(A) is devoted to developing and maintain14 ing a vibrant and enduring academic pathway 

15 from undergraduate to post-doctorate study in 

16 nuclear and geochemical science specialties di17 rectly relevant to technical nuclear forensics, in18 cluding radiochemistry, geochemistry, nuclear 

19 physics, nuclear engineering, materials science, 

20 and analytical chemistry; 

21 ‘‘(B) shall— 

22 ‘‘(i) make available for undergraduate 

23 study student scholarships, with a duration 

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1 ship at a national laboratory or appro2 priate Federal agency in the field of tech3 nical nuclear forensics during the course of 

4 the student’s undergraduate career; 

5 ‘‘(ii) make available for doctoral study 

6 student fellowships, with a duration of up 

7 to 5 years per student, which shall— 

8 ‘‘(I) include, if possible, at least 2 

9 summer internships at a national lab10 oratory or appropriate Federal agency 

11 in the field of technical nuclear 

12 forensics during the course of the stu13 dent’s graduate career; and 

14 ‘‘(II) require each recipient to 

15 commit to serve for 2 years in a post16 doctoral position in a technical nuclear 

17 forensics-related specialty at a national 

18 laboratory or appropriate Federal 

19 agency after graduation; 

20 ‘‘(iii) make available to faculty 

21 awards, with a duration of 3 to 5 years 

22 each, to ensure faculty and their graduate 

23 students have a sustained funding stream; 

24 and 


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1 ‘‘(iv) place a particular emphasis on 

2 reinvigorating technical nuclear forensics 

3 programs while encouraging the participa4 tion of undergraduate students, graduate 

5 students, and university faculty from his6 torically Black colleges and universities, 

7 Hispanic-serving institutions, Tribal Col8 leges and Universities, Asian American and 

9 Native American Pacific Islander-serving 

10 institutions, Alaska Native-serving institu11 tions, and Hawaiian Native-serving institu12 tions; and 

13 ‘‘(C) shall— 

14 ‘‘(i) provide for the selection of indi15 viduals to receive scholarships or fellowships 

16 under this section through a competitive 

17 process primarily on the basis of academic 

18 merit and the nuclear forensics and attribu19 tion needs of the United States Government; 

20 ‘‘(ii) provide for the setting aside of up 

21 to 10 percent of the scholarships or fellow22 ships awarded under this section for indi23 viduals who are Federal employees to en24 hance the education of such employees in 

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1 bution needs of the United States Govern2 ment, for doctoral education under the 

3 scholarship on a full-time or part-time 

4 basis; 

5 ‘‘(iii) provide that the Secretary may 

6 enter into a contractual agreement with an 

7 institution of higher education under which 

8 the amounts provided for a scholarship 

9 under this section for tuition, fees, and 

10 other authorized expenses are paid directly 

11 to the institution with respect to which such 

12 scholarship is awarded; 

13 ‘‘(iv) require scholarship recipients to 

14 maintain satisfactory academic progress; 

15 and 

16 ‘‘(v) require that— 

17 ‘‘(I) a scholarship recipient who 

18 fails to maintain a high level of aca19 demic standing, as defined by the Sec20 retary, who is dismissed for discipli21 nary reasons from the educational in22 stitution such recipient is attending, or 

23 who voluntarily terminates academic 

24 training before graduation from the 

25 educational program for which the 


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1 scholarship was awarded shall be liable 

2 to the United States for repayment 

3 within 1 year after the date of such de4 fault of all scholarship funds paid to 

5 such recipient and to the institution of 

6 higher education on the behalf of such 

7 recipient, provided that the repayment 

8 period may be extended by the Sec9 retary if the Secretary determines it 

10 necessary, as established by regulation; 

11 and 

12 ‘‘(II) a scholarship recipient who, 

13 for any reason except death or dis14 ability, fails to begin or complete the 

15 post-doctoral service requirements in a 

16 technical nuclear forensics-related spe17 cialty at a national laboratory or ap18 propriate Federal agency after comple19 tion of academic training shall be lia20 ble to the United States for an amount 

21 equal to— 

22 ‘‘(aa) the total amount of the 

23 scholarship received by such re24 cipient under this section; and 


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1 ‘‘(bb) the interest on such 

2 amounts which would be payable 

3 if at the time the scholarship was 

4 received such scholarship was a 

5 loan bearing interest at the max6 imum legally prevailing rate; 

7 ‘‘(13) provide an annual report to Congress on 

8 the activities carried out under paragraphs (10), (11), 

9 and (12); and’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) DEFINITIONS.—In this section: 

13 ‘‘(1) ALASKA NATIVE-SERVING INSTITUTION.— 

14 The term ‘Alaska Native-serving institution’ has the 

15 meaning given the term in section 317 of the Higher 

16 Education Act of 1965 (20 U.S.C. 1059d). 

17 ‘‘(2) ASIAN AMERICAN AND NATIVE AMERICAN

18 PACIFIC ISLANDER-SERVING INSTITUTION.—The term 

19 ‘Asian American and Native American Pacific Is20 lander-serving institution’ has the meaning given the 

21 term in section 320 of the Higher Education Act of 

22 1965 (20 U.S.C. 1059g). 

23 ‘‘(3) HAWAIIAN NATIVE-SERVING INSTITUTION.— 

24 The term ‘Hawaiian native-serving institution’ has 


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1 the meaning given the term in section 317 of the 

2 Higher Education Act of 1965 (20 U.S.C. 1059d). 

3 ‘‘(4) HISPANIC-SERVING INSTITUTION.—The term 

4 ‘Hispanic-serving institution’ has the meaning given 

5 that term in section 502 of the Higher Education Act 

6 of 1965 (20 U.S.C. 1101a). 

7 ‘‘(5) HISTORICALLY BLACK COLLEGE OR UNIVER8 SITY.—The term ‘historically Black college or univer9 sity’ has the meaning given the term ‘part B institu10 tion’ in section 322(2) of the Higher Education Act 

11 of 1965 (20 U.S.C. 1061(2)). 

12 ‘‘(6) TRIBAL COLLEGE OR UNIVERSITY.—The 

13 term ‘Tribal College or University’ has the meaning 

14 given that term in section 316(b) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1059c(b)).’’. 

16 (b) JOINT INTERAGENCY ANNUAL REPORTING RE17 QUIREMENT TO CONGRESS AND THE PRESIDENT.— 

18 (1) IN GENERAL.—Section 1907(a)(1) of the 

19 Homeland Security Act of 2002 (6 U.S.C. 596a(a)(1)) 

20 is amended— 

21 (A) in subparagraph (A)(ii), by striking ‘‘; 

22 and’’ and inserting a semicolon; 

23 (B) in subparagraph (B)(iii), by striking 

24 the period at the end and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following new 

2 subparagraph: 

3 ‘‘(C) the Director of the Domestic Nuclear 

4 Detection Office and each of the relevant depart5 ments that are partners in the National Tech6 nical Forensics Center— 

7 ‘‘(i) include, as part of the assessments, 

8 evaluations, and reviews required under 

9 this paragraph, each office’s or department’s 

10 activities and investments in support of nu11 clear forensics and attribution activities 

12 and specific goals and objectives accom13 plished during the previous year pursuant 

14 to the national strategic five-year plan for 

15 improving the nuclear forensic and attribu16 tion capabilities of the United States re17 quired under section 1036 of the National 

18 Defense Authorization Act for Fiscal Year 

19 2010; 

20 ‘‘(ii) attaches, as an appendix to the 

21 Joint Interagency Annual Review, the most 

22 current version of such strategy and plan; 

23 and 

24 ‘‘(iii) includes a description of new or 

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1 ments and efforts in support of nuclear 

2 forensics and attribution activities accom3 plished during the previous year.’’. 


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Calendar No. 244 

111TH CONGRESS 

1ST SESSION H. R. 730 

AN ACT 

To strengthen efforts in the Department of Homeclear material, and for other purposes. bilities to permit attribution of the source of nu- land Security to develop nuclear forensics capaDECEMBER 17, 2009 

Reported with an amendment 


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