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 pur-
poses. 
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 Mis-
sissippi, 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 nu-
clear and radiological terrorism and to enhance coordina-
tion of such efforts across Federal agencies, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prevention of Nuclear 
Terrorism Act of 2006’’. 
SEC. 2. ESTABLISHMENT OF DOMESTIC NUCLEAR DETEC-
TION OFFICE. 
(a) ESTABLISHMENT OF OFFICE.—The Homeland 
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
by adding at the end the following new title: 
‘‘TITLE XIX—OFFICE OF DOMES-
TIC NUCLEAR DETECTION 
‘‘SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE. 
‘‘(a) IN GENERAL.—There shall be in the Depart-
ment of Homeland Security a Domestic Nuclear Detection 
Office. 
‘‘(b) PURPOSE.—The purpose of the Office shall be 
to protect against the unauthorized importation, posses-
sion, storage, transportation, development, or use of a nu-
clear explosive device, fissile material, or radiological ma-
terial against the United States. 
‘‘(c) DIRECTOR.—The Office shall be headed by a Di-
rector of Domestic Nuclear Detection, who shall be ap-
pointed by the President from among individuals nomi-
nated by the Secretary. 
‘‘(d) LIMITATION.—This subtitle shall not be con-
strued to affect the performance, by directorates and 
agencies of the Department other than the Office, of func-
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tions that are not related to detection and prevention of 
nuclear and radiological terrorism. 
‘‘SEC. 1902. FUNCTIONS OF DIRECTOR OF THE DOMESTIC 
NUCLEAR DETECTION OFFICE, GENERALLY. 
‘‘(a) IN GENERAL.—The Secretary shall vest in the 
Director the primary responsibility in the Department 
for— 
‘‘(1) administering all nuclear and radiological 
detection and prevention functions and assets of the 
Department, including those functions vested in the 
Department before the enactment of the Prevention 
of Nuclear Terrorism Act of 2006; and 
‘‘(2) for coordinating such administration with 
nuclear and radiological detection and prevention ac-
tivities of other Federal departments and agencies. 
‘‘(b) TRANSFER
OF FUNCTIONS.—The Secretary 
shall transfer to the Director the authority to administer, 
or supervise the administration of, all functions, per-
sonnel, assets, and liabilities of all Department programs 
and projects relating to nuclear and radiological detection 
research, development, testing, and evaluation, and nu-
clear and radiological detection system acquisition and de-
ployment, including with respect to functions and assets 
transferred by section 303(1)(B), (C), and (E) and func-
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tions, assets, and personnel transferred pursuant to sec-
tion 1910(c). 
‘‘SEC. 1903. GLOBAL NUCLEAR DETECTION ARCHITECTURE. 
‘‘(a) IN GENERAL.—The Director shall coordinate 
the Federal Government’s implementation of a global nu-
clear detection architecture. 
‘‘(b) FUNCTIONS OF DIRECTOR.—The Director shall, 
under subsection (a)— 
‘‘(1) design a strategy that will guide deploy-
ment of the global nuclear detection architecture; 
‘‘(2) implement the strategy in the United 
States; and 
‘‘(3) coordinate Department and Federal inter-
agency efforts to deploy the elements of the global 
nuclear detection architecture outside the United 
States. 
‘‘(c) RELATIONSHIP TO OTHER DEPARTMENTS AND 
AGENCIES.—The authority of the Director under this sec-
tion shall not affect an authority or responsibility of any 
other department or agency of the Federal Government 
with respect to the deployment of nuclear and radiological 
detection systems outside the United States under any 
program administered by that department or agency. 
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‘‘SEC. 1904. RESEARCH AND DEVELOPMENT. 
‘‘(a) IN GENERAL.—The Director shall carry out a 
research and development program to achieve trans-
formational and evolutionary improvements in detection 
capabilities for shielded and unshielded nuclear explosive 
devices and radiological dispersion devices. 
‘‘(b) HIGH-RISK PROJECTS.—The program shall in-
clude funding for transformational research and develop-
ment projects that may have a high risk of failure but 
have the potential to provide significant benefits. 
‘‘(c) LONG-TERM PROJECTS.—In order to reflect a 
long-term commitment to the development of more effec-
tive detection technologies, the program shall include the 
provision of funding for projects having a duration of more 
than 3 years, as appropriate. 
‘‘(d) COORDINATION WITH OTHER FEDERAL PRO-
GRAMS.—The Director shall coordinate implementation of 
the program with other Federal agencies performing simi-
lar research and development in order to accelerate the 
development of effective technologies, promote technology 
sharing, and to avoid duplication, including through the 
use of the interagency coordination council established 
under section 1913. 
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‘‘SEC. 1905. SYSTEM ASSESSMENTS. 
‘‘(a) IN GENERAL.—The Director shall carry out a 
program to test and evaluate technology for detecting nu-
clear explosive devices and fissile or radiological material. 
‘‘(b) PERFORMANCE METRICS.—The Director shall 
establish performance metrics for evaluating the effective-
ness of individual detectors and detection systems in de-
tecting nuclear explosive devices or fissile or radiological 
material— 
‘‘(1) under realistic operational and environ-
mental conditions; and 
‘‘(2) against realistic adversary tactics and 
countermeasures. 
‘‘(c) PROVISION OF TESTING SERVICES.— 
‘‘(1) IN GENERAL.—The Director may, under 
the program, make available testing services to com-
mercial developers of detection devices. 
‘‘(2) FEES.—The Director may charge fees, as 
appropriate, for performance of services under this 
subsection. 
‘‘(d) SYSTEM ASSESSMENTS.— 
‘‘(1) IN GENERAL.—The Director shall periodi-
cally perform system-wide assessments of the global 
nuclear 
detection 
architecture 
to 
identify 
vulnerabilities and to gauge overall system perform-
ance against nuclear and radiological threats. 
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‘‘(2) INCLUDED ACTIVITIES.—The assessments 
shall include— 
‘‘(A) red teaming activities to identify 
vulnerabilities and possible modes of attack and 
concealment methods; and 
‘‘(B) net assessments to determine archi-
tecture performance against adversary tactics 
and concealment methods. 
‘‘(3) USE.—The Director shall use the assess-
ments to guide deployment of the global nuclear de-
tection architecture and the research and develop-
ment activities of the Office. 
‘‘SEC. 1906. TECHNOLOGY ACQUISITION, DEPLOYMENT, 
SUPPORT, AND TRAINING. 
‘‘(a) ACQUISITION STRATEGY.— 
‘‘(1) IN GENERAL.—The Director shall develop 
and, subject to the availability of appropriations, 
execute a strategy for the acquisition and deploy-
ment of detection systems in order to implement the 
Department components of the global nuclear detec-
tion architecture developed under section 1903. 
‘‘(2) USE OF AVAILABLE CONTRACTING PROCE-
DURES.—The Director shall make use of all con-
tracting procedures available to the Secretary to im-
plement the acquisition strategy. 
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‘‘(3) DETERMINATION OF QUALIFIED ANTI-TER-
RORISM
TECHNOLOGY.—The Director shall make 
recommendations based on the criteria included in 
section 862(b) as to whether the detection systems 
acquired pursuant to this subsection shall be des-
ignated by the Secretary as anti-terrorism tech-
nologies that qualify for protection under the system 
of risk management set forth in subtitle G of title 
VIII. The Undersecretary for Science and Tech-
nology shall consider the Director’s recommenda-
tions and expedite the process of determining wheth-
er such detection systems shall be designated as 
anti-terrorism technologies that qualify for such pro-
tection. 
‘‘(b) DEPLOYMENT.—The Director shall deploy de-
tection systems for use by Department operational units 
and other end-users in implementing the global nuclear 
detection architecture. 
‘‘(c) OPERATIONAL SUPPORT AND PROTOCOLS.— 
‘‘(1) OPERATIONAL
SUPPORT.—The Director 
shall provide operational support for all systems ac-
quired to implement the acquisition strategy devel-
oped under subsection (a). 
‘‘(2) OPERATIONAL PROTOCOLS.—The Director 
shall develop operational protocols for detection tech-
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nology acquired and deployed to implement the ac-
quisition strategy, including procedures for alarm 
resolution and notification of appropriate response 
agencies in the event that illicit nuclear, radioactive, 
or fissile materials are detected by such a product or 
service. 
‘‘(3) TECHNICAL
REACHBACK.—The Director 
will ensure that the expertise necessary to accurately 
interpret detection data is made available in a timely 
manner for all technology deployed to implement the 
global nuclear detection architecture. 
‘‘(d) TRAINING.—The Director shall develop and dis-
tribute training materials and provide training to all end- 
users of technology acquired by the Director under the ac-
quisition strategy. 
‘‘(e) SOLICITATION OF END-USER INPUT.—In devel-
oping requirements for the research and development pro-
gram of section 1904 and requirements for the acquisition 
of detection systems to implement the strategy in sub-
section (a), the Director shall solicit input from end-users 
of such systems. 
‘‘(f) STATE AND LOCAL SUPPORT.—Upon request, 
the Director shall provide guidance regarding radiation 
detection technology acquisitions to be made by State, ter-
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ritorial, tribal and local governments and emergency re-
sponse providers. 
‘‘SEC. 1907. SITUATIONAL AWARENESS. 
‘‘(a) DETECTION INFORMATION.—The Director— 
‘‘(1) shall continuously monitor detection infor-
mation received from foreign and domestic detection 
systems to maintain for the Department a situa-
tional awareness of all nuclear threats; 
‘‘(2) shall gather and archive— 
‘‘(A) detection data measurements taken of 
benign activities in the normal flows of com-
merce; and 
‘‘(B) alarm data, including false alarms 
and nuisance alarms. 
‘‘(b) INFORMATION SHARING.—The Director shall 
coordinate with other governmental agencies to ensure 
that the detection of unauthorized nuclear explosive de-
vices, fissile material, or radiological material is promptly 
reported to all appropriate Federal response agencies in-
cluding the Attorney General, the Director of the Federal 
Bureau of Investigation, the Secretary of Defense, and the 
Secretary of Energy. 
‘‘(c) INCIDENT RESOLUTION.—The Director shall as-
sess nuclear threats communicated by Federal, State, trib-
al, or local officials and provide adequate technical 
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reachback capability for swift and effective incident resolu-
tion. 
‘‘(d) SECURITY.—The Director shall— 
‘‘(1) develop and implement security standards 
and protocols for the control and protection of all 
classified or sensitive information in possession of 
the Office; and 
‘‘(2) ensure that relevant personnel of the Of-
fice have the required security clearances to properly 
handle such information. 
‘‘SEC. 1908. FORENSIC ANALYSIS. 
‘‘The Director shall perform all research, develop-
ment, and acquisition activities of the Department per-
taining to forensic analysis and attribution of nuclear and 
radiological attacks. 
‘‘SEC. 1909. THREAT INFORMATION. 
‘‘(a) THREAT ASSESSMENTS.—The Director shall 
utilize classified and unclassified nuclear and radiological 
threat assessments in designing the global nuclear detec-
tion architecture under section 1903, prioritizing detection 
system deployments, and testing and optimizing system 
performance of that architecture, including assessments 
of— 
‘‘(1) smuggling routes; 
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