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. LAM-
BORN) introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Home-
land 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 con-
cerned 
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 Ad-
ministration. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Forensics Au-
thority Realignment Act’’. 
VerDate Sep 11 2014 
23:24 Sep 14, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5438.IH
H5438
kjohnson on DSK7ZCZBW3PROD with $$_JOB
SEC. 
2. 
ESTABLISHMENT 
OF 
NATIONAL 
NUCLEAR 
FORENSICS CENTER. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The National Nuclear Secu-
rity Administration Act (50 U.S.C. 2401 et seq.) is 
amended by inserting after section 3221 the fol-
lowing new section: 
‘‘SEC. 3222. NATIONAL NUCLEAR FORENSICS CENTER. 
‘‘(a) ESTABLISHMENT.—There is within the Admin-
istration a National Nuclear Forensics Center (in this sec-
tion referred to as the ‘Center’). 
‘‘(b) MISSION.—The mission of the Center shall be 
to coordinate stewardship, planning, assessment, gap anal-
ysis, exercises, improvement, including operational im-
provements and research, development, testing, and eval-
uation, and integration for all Federal nuclear forensics 
and attribution activities to ensure an enduring national 
technical nuclear forensics capability to strengthen the col-
lective response of the United States to nuclear terrorism 
or other nuclear attacks.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents at the beginning of such Act is amended by in-
serting after the item relating to section 3221 the 
following new item: 
‘‘Sec. 3222. National Nuclear Forensics Center.’’. 
VerDate Sep 11 2014 
23:24 Sep 14, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H5438.IH
H5438
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(3) NUCLEAR
FORENSICS
EXPERTISE.—Not 
later than one year after the date of the enactment 
of this Act, the Administrator for Nuclear Security 
shall develop and implement a plan to modify the 
university program of the National Nuclear Security 
Administration established under section 4814 of the 
Atomic Energy Defense Act (50 U.S.C. 2795) to in-
clude the development of expertise in nuclear 
forensics in supporting scientific and engineering ad-
vancement in key Department of Energy defense 
and national security program areas. 
(b) CONFORMING REPEALS.— 
(1) IN GENERAL.—The Nuclear Forensics and 
Attribution Act (Public Law 111–140) is hereby re-
pealed. 
(2) HOMELAND SECURITY ACT OF 2002.—Title 
XIX of the Homeland Security Act of 2002 (6 
U.S.C. 590 et seq.) is amended as follows: 
(A) In section 1923— 
(i) in subsection (a)— 
(I) by striking ‘‘(a) MISSION.—’’; 
(II) in paragraph (9), by striking 
the semicolon and inserting ‘‘; and’’; 
(III) by striking paragraphs (10), 
(11), (12), and (13); and 
VerDate Sep 11 2014 
23:24 Sep 14, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5438.IH
H5438
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(IV) by redesignating paragraph 
(14) as paragraph (10); and 
(ii) by striking subsection (b). 
(B) In section 1927(a)(1) (6 U.S.C. 
596a(a)(1))— 
(i) in subparagraph (A)(ii), by strik-
ing the semicolon and inserting ‘‘; and’’; 
(ii) in subparagraph (B)(iii), by strik-
ing ‘‘; and’’ and inserting a period; and 
(iii) by striking subparagraph (C). 
(c) REFERENCES
AND CONSTRUCTION.—Any ref-
erence in any law, regulation, document, paper, or other 
record of the United States to the National Technical Nu-
clear Forensics Center established within the Countering 
Weapons of Mass Destruction Office of the Department 
of Homeland Security, formerly the Domestic Nuclear De-
tection Office, shall be deemed to be a reference to the 
National Nuclear Forensics Center established by section 
3222 of the National Nuclear Security Administration 
Act, as added by subsection (a). 
Æ 
VerDate Sep 11 2014 
23:24 Sep 14, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H5438.IH
H5438
kjohnson on DSK7ZCZBW3PROD with $$_JOB