I 

118TH CONGRESS 

1ST SESSION H. R. 5438 

To realign the nuclear forensics and attribution activities of the Federal 

Government from the Department of Homeland Security to the National 

Nuclear Security Administration. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 13, 2023 

Mr. FOSTER (for himself, Mr. MORELLE, Mr. DESJARLAIS, and Mr. LAMBORN) introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committees on Homeland Security, Armed Services, and 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 realign the nuclear forensics and attribution activities 

of the Federal Government from the Department of 

Homeland Security to the National Nuclear Security Administration. 

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 Au5 thority Realignment Act’’. 


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•HR 5438 IH

1 SEC. 2. ESTABLISHMENT OF NATIONAL NUCLEAR 

2 FORENSICS CENTER. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—The National Nuclear Secu5 rity Administration Act (50 U.S.C. 2401 et seq.) is 

6 amended by inserting after section 3221 the fol7 lowing new section: 

8 ‘‘SEC. 3222. NATIONAL NUCLEAR FORENSICS CENTER. 

9 ‘‘(a) ESTABLISHMENT.—There is within the Admin10 istration a National Nuclear Forensics Center (in this sec11 tion referred to as the ‘Center’). 

12 ‘‘(b) MISSION.—The mission of the Center shall be 

13 to coordinate stewardship, planning, assessment, gap anal14 ysis, exercises, improvement, including operational im15 provements and research, development, testing, and eval16 uation, and integration for all Federal nuclear forensics 

17 and attribution activities to ensure an enduring national 

18 technical nuclear forensics capability to strengthen the col19 lective response of the United States to nuclear terrorism 

20 or other nuclear attacks.’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents at the beginning of such Act is amended by in23 serting after the item relating to section 3221 the 

24 following new item: 

‘‘Sec. 3222. National Nuclear Forensics Center.’’. 


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•HR 5438 IH

1 (3) NUCLEAR FORENSICS EXPERTISE.—Not 

2 later than one year after the date of the enactment 

3 of this Act, the Administrator for Nuclear Security 

4 shall develop and implement a plan to modify the 

5 university program of the National Nuclear Security 

6 Administration established under section 4814 of the 

7 Atomic Energy Defense Act (50 U.S.C. 2795) to in8 clude the development of expertise in nuclear 

9 forensics in supporting scientific and engineering ad10 vancement in key Department of Energy defense 

11 and national security program areas. 

12 (b) CONFORMING REPEALS.— 

13 (1) IN GENERAL.—The Nuclear Forensics and 

14 Attribution Act (Public Law 111–140) is hereby re15 pealed. 

16 (2) HOMELAND SECURITY ACT OF 2002.—Title 

17 XIX of the Homeland Security Act of 2002 (6 

18 U.S.C. 590 et seq.) is amended as follows: 

19 (A) In section 1923— 

20 (i) in subsection (a)— 

21 (I) by striking ‘‘(a) MISSION.—’’; 

22 (II) in paragraph (9), by striking 

23 the semicolon and inserting ‘‘; and’’; 

24 (III) by striking paragraphs (10), 

25 (11), (12), and (13); and 


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•HR 5438 IH

1 (IV) by redesignating paragraph 

2 (14) as paragraph (10); and 

3 (ii) by striking subsection (b). 

4 (B) In section 1927(a)(1) (6 U.S.C. 

5 596a(a)(1))— 

6 (i) in subparagraph (A)(ii), by strik7 ing the semicolon and inserting ‘‘; and’’; 

8 (ii) in subparagraph (B)(iii), by strik9 ing ‘‘; and’’ and inserting a period; and 

10 (iii) by striking subparagraph (C). 

11 (c) REFERENCES AND CONSTRUCTION.—Any ref12 erence in any law, regulation, document, paper, or other 

13 record of the United States to the National Technical Nu14 clear Forensics Center established within the Countering 

15 Weapons of Mass Destruction Office of the Department 

16 of Homeland Security, formerly the Domestic Nuclear De17 tection Office, shall be deemed to be a reference to the 

18 National Nuclear Forensics Center established by section 

19 3222 of the National Nuclear Security Administration 

20 Act, as added by subsection (a). 

Æ 


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