104 
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 inter-
pret 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 2004 and requirements for the acquisition 
of detection systems to implement the strategy in subsection 
(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 detec-
tion technology acquisitions to be made by State, territorial, 
tribal and local governments and emergency response pro-
viders. 
‘‘SEC. 2007. SITUATIONAL AWARENESS. 
‘‘(a) DETECTION INFORMATION.—The Director— 
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‘‘(1) shall continuously monitor detection infor-
mation received from foreign and domestic detection 
systems to maintain for the Department a situational 
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 co-
ordinate with other governmental agencies to ensure that 
the detection of unauthorized nuclear explosive devices, 
fissile material, or radiological material is promptly re-
ported to all appropriate Federal response agencies includ-
ing the Attorney General, the Director of the Federal Bu-
reau of Investigation, the Secretary of Defense, and the Sec-
retary of Energy. 
‘‘(c) INCIDENT RESOLUTION.—The Director shall as-
sess nuclear threats communicated by Federal, State, tribal, 
or local officials and provide adequate technical reachback 
capability for swift and effective incident resolution. 
‘‘(d) SECURITY.—The Director shall— 
‘‘(1) develop and implement security standards 
and protocols for the control and protection of all 
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classified or sensitive information in possession of the 
Office; and 
‘‘(2) ensure that relevant personnel of the Office 
have the required security clearances to properly han-
dle such information. 
‘‘SEC. 2008. FORENSIC ANALYSIS. 
‘‘The Director shall perform all research, development, 
and acquisition activities of the Department pertaining to 
forensic analysis and attribution of nuclear and radio-
logical attacks. 
‘‘SEC. 2009. THREAT INFORMATION. 
‘‘(a) THREAT ASSESSMENTS.—The Director shall uti-
lize classified and unclassified nuclear and radiological 
threat assessments in designing the global nuclear detection 
architecture under section 2003, prioritizing detection sys-
tem deployments, and testing and optimizing system per-
formance of that architecture, including assessments of— 
‘‘(1) smuggling routes; 
‘‘(2) locations of relevant nuclear and radio-
logical material throughout the world; 
‘‘(3) relevant terrorist tradecraft and conceal-
ment methods; 
‘‘(4) relevant nuclear and radiological threat ob-
jects in terms of possible detection signatures. 
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‘‘(b) ACCESS TO INFORMATION.—The Secretary shall 
provide the Director access to all information relating to 
nuclear and radiological threats, including reports, assess-
ments, analyses, and unevaluated intelligence, that is nec-
essary to successfully design, deploy, and support the oper-
ation of an effective global detection architecture under sec-
tion 1903. 
‘‘(c) ANALYTICAL SUPPORT.—The Director shall re-
quest that the Secretary provide to the Director, pursuant 
to section 201(d)(18), the requisite intelligence and infor-
mation analysis support necessary to effectively discharge 
the Director’s responsibilities. 
‘‘(d) ANALYTICAL EXPERTISE.—For the purposes of 
performing any of the assessments required under sub-
section (a), the Director, subject to the availability of appro-
priations, may hire professional personnel who are analysts 
with experience in performing nuclear and radiological 
threat assessments. 
‘‘(e) COLLECTION REQUESTS.—The Director shall rec-
ommend to the Secretary consultation that should occur 
pursuant to section 201(d)(10) regarding intelligence collec-
tion to design, deploy, and support the operation of the glob-
al detection architecture under section 2003. 
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‘‘SEC. 2010. ADMINISTRATIVE AUTHORITIES. 
‘‘(a) HIRING.—In hiring personnel for the Office, the 
Secretary shall have hiring and management authorities 
described in section 1101 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 
3104 note; Public Law 105–261). The term of appointments 
for employees under subsection (c)(1) of that section may 
not exceed 5 years before granting any extension under sub-
section (c)(2) of that section. 
‘‘(b) DETAIL OF PERSONNEL.—In order to assist the 
Director in discharging the Director’s responsibilities, per-
sonnel of other Federal agencies may be detailed to the Of-
fice for the performance of analytic functions and related 
duties. 
‘‘(c) TRANSFER OF SCIENCE AND TECHNOLOGY FUNC-
TIONS, PERSONNEL, AND ASSETS.— 
‘‘(1) TRANSFER REQUIRED.—Except as provided 
in paragraph (2), the Secretary shall transfer to the 
Director the functions, assets, and personnel of the 
Department relating to radiological and nuclear 
countermeasures, including forensics of contaminated 
evidence and attack attribution. 
‘‘(2) EXCEPTIONS.—The Secretary shall not 
transfer under paragraph (1) functions, assets, and 
personnel relating to consequence management and 
recovery. 
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‘‘(3) ELIMINATION
OF
DUPLICATION
OF
EF-
FORT.—The Secretary shall ensure that to the extent 
there are complementary functions vested in the Di-
rectorate of Science and Technology and the Office 
with respect to radiological and nuclear counter-
measures, the Under Secretary for Science and Tech-
nology and the Director coordinate the programs they 
administer to eliminate duplication and increase in-
tegration opportunities, particularly with respect to 
technology development and test and evaluation. 
‘‘SEC. 2011. REPORT REQUIREMENT. 
‘‘The Director shall submit to the appropriate congres-
sional committees an annual report on the following: 
‘‘(1) The global detection strategy developed 
under section 2003. 
‘‘(2) The status of implementation of such archi-
tecture. 
‘‘(3) The schedule for future detection system de-
ployments under such architecture. 
‘‘(4) The research and development program of 
the Office. 
‘‘(5) A summary of actions taken by the Office 
during the reporting period to counter nuclear and 
radiological threats. 
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110 
‘‘SEC. 2012. ADVISORY COUNCIL ON NUCLEAR DETECTION. 
‘‘(a) ESTABLISHMENT.—Pursuant to section 871 of 
this Act, the Secretary shall establish within the Office an 
Advisory Council on Nuclear Detection, which shall report 
to the Director (in this section referred to as the ‘Advisory 
Council’). 
‘‘(b) FUNCTIONS.—The Advisory Council shall, at the 
request of the Director— 
‘‘(1) advise the Director on recommendations for 
the global nuclear detection architecture developed 
under section 2003(a); 
‘‘(2) identify research areas for development of 
next-generation and transformational nuclear and ra-
diological detection technologies; and 
‘‘(3) and have such additional responsibilities as 
the Director may assign in furtherance of the Depart-
ment’s homeland security mission with respect to en-
hancing domestic and international nuclear and radi-
ological detection capabilities. 
‘‘(c) MEMBERSHIP.—The Advisory Council shall con-
sist of 5 members appointed by the Director, who shall— 
‘‘(1) be individuals who have an eminent knowl-
edge and technical expertise related to nuclear and 
radiological detection research and development and 
radiation detection; and 
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‘‘(2) be selected solely on the basis of their estab-
lished record of distinguished service; and 
‘‘(3) not be employees of the Federal Government, 
other than employees of National Laboratories. 
‘‘(d) CONFLICT OF INTEREST RULES.—The Advisory 
Council shall establish rules for determining when one of 
its members has a conflict of interest in a matter being con-
sidered by the Advisory Council, and the appropriate course 
of action to address such conflicts of interest. 
‘‘SEC. 2013. INTERAGENCY COORDINATION COUNCIL. 
‘‘The President— 
‘‘(1) shall establish an interagency coordination 
council to facilitate interagency cooperation for pur-
poses of implementing this title; 
‘‘(2) shall appoint the Secretary to chair the 
interagency coordination council; and 
‘‘(3) may appoint the Attorney General, the Sec-
retary of Energy, the Secretary of State, the Secretary 
of Defense, and the heads of other appropriate Federal 
agencies to designate members to serve on such coun-
cil. 
‘‘SEC. 2014. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to carry out 
this title— 
‘‘(1) $536,000,000 for fiscal year 2007; and 
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112 
‘‘(2) such sums as may be necessary for each sub-
sequent fiscal year. 
‘‘SEC. 2015. DEFINITIONS. 
‘‘In this title: 
‘‘(1) The term ‘Director’ means the Director of 
the Domestic Nuclear Detection Office. 
‘‘(2) The term ‘fissile materials’ means materials 
capable of sustaining a nuclear chain reaction. 
‘‘(3) The term ‘global nuclear detection architec-
ture’ means a multi-layered system of detectors de-
ployed internationally and domestically to detect and 
interdict nuclear and radiological materials intended 
for illicit use. 
‘‘(4) The term ‘nuclear and radiological detection 
system’ means any technology that is capable of de-
tecting or identifying nuclear and radiological mate-
rial or explosive devices. 
‘‘(5) The term ‘Office’ means the Domestic Nu-
clear Detection Office. 
‘‘(6) The term ‘radiological material’ means ma-
terial that emits nuclear radiation. 
‘‘(7) The term ‘nuclear explosive device’ means 
an explosive device capable of producing a nuclear 
yield. 
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113 
‘‘(8) The term ‘technical reachback’ means tech-
nical expert support provided to operational end users 
for data interpretation and alarm resolution. 
‘‘(9) The term ‘transformational’ means that, if 
successful, will produce dramatic technological im-
provements over existing capabilities in the areas of 
performance, cost, or ease of use.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 103(d) of the Homeland Security Act 
of 2002 (6 U.S.C. 113(d)) is amended by adding at 
the end the following: 
‘‘(5) A Director of the Domestic Nuclear Detec-
tion Office.’’. 
(2) Section 302 of such Act (6 U.S.C. 182) is 
amended— 
(A) in paragraph (2) by striking ‘‘radio-
logical, nuclear,’’; and 
(B) in paragraph (5)(A) by striking ‘‘radio-
logical, nuclear,’’. 
(3) Section 305 of such Act (6 U.S.C. 185) is 
amended by inserting ‘‘and the Director of the Domes-
tic Nuclear Detection Office’’ after ‘‘Technology’’. 
(4) Section 308 of such Act (6 U.S.C. 188) is 
amended in each of subsections (a) and (b)(1) by in-
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114 
serting ‘‘and the Director of the Domestic Nuclear De-
tection Office’’ after ‘‘Technology’’. 
(c) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (116 
Stat. 2135) is amended by adding at the end the following: 
‘‘TITLE XX—OFFICE OF DOMESTIC NUCLEAR DETECTION 
‘‘Sec. 2001. Domestic Nuclear Detection Office. 
‘‘Sec. 2002. Functions of Director of the Domestic Nuclear Detection Office, gen-
erally. 
‘‘Sec. 2003. Global nuclear detection architecture. 
‘‘Sec. 2004. Research and development. 
‘‘Sec. 2005. System assessments. 
‘‘Sec. 2006. Technology acquisition, deployment, support, and training. 
‘‘Sec. 2007. Situational awareness. 
‘‘Sec. 2008. Forensic analysis. 
‘‘Sec. 2009. Threat information. 
‘‘Sec. 2010. Administrative authorities. 
‘‘Sec. 2011. Report requirement. 
‘‘Sec. 2012. Advisory Council on Nuclear Detection. 
‘‘Sec. 2013. Interagency coordination council. 
‘‘Sec. 2014. Authorization of appropriations. 
‘‘Sec. 2015. Definitions.’’. 
SEC. 402. NUCLEAR AND RADIOLOGICAL DETECTION SYS-
TEMS. 
(a) DEPLOYMENT.—Not later than September 30, 
2007, the Secretary of Homeland Security shall deploy nu-
clear and radiological detection systems at 22 United States 
seaports. To the extent feasible, the Secretary shall deploy 
the next-generation radiation portal monitors tested in the 
pilot program under subsection (d) at such United States 
seaports. 
(b) STRATEGY.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary, acting through 
the Director of the Domestic Nuclear Detection Office of the 
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Department, shall submit to the appropriate congressional 
committees a strategy for the deployment of nuclear and 
radiological detection systems at all remaining United 
States seaports. 
(c) CONTENTS.—The strategy submitted under sub-
section (b) shall include— 
(1) a risk-based prioritization of United States 
seaports at which nuclear and radiological detection 
systems will deployed; 
(2) a proposed timeline of when nuclear and ra-
diological detection systems will be deployed at each 
of the seaports identified under paragraph (1); 
(3) the type of systems to be used at each of the 
seaports identified under paragraph (1); 
(4) standard operating procedures for examining 
containers with such systems; 
(5) the Department policy for using nuclear and 
radiological detection systems; 
(6) a classified annex that details plans for cov-
ert testing; and 
(7) a classified annex that outlines the risk-based 
prioritization of seaports used under paragraph (1). 
(d) SAFETY PLAN.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees a plan that— 
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(1) details the health and safety impacts of nu-
clear and radiological detection systems; and 
(2) describes the policy of U.S. Customs and 
Border Protection for using nuclear and radiological 
detection systems. 
(e) PILOT PROGRAM.— 
(1) IN GENERAL.—Not later than January 1, 
2007, the Secretary, acting through the Director of the 
Domestic Nuclear Detection Office of the Department, 
shall initiate a pilot program to deploy and test the 
operational performance of next-generation radiation 
portal monitors at one or more United States seaports 
with a high-volume of containerized cargo. 
(2) REPORT.—Not later than March 31, 2007, 
the Secretary shall submit to the appropriate congres-
sional committees a report that contains— 
(A) a description of the next-generation ra-
diation portal monitors deployed at United 
States seaports under the pilot program; 
(B) a description of the operational charac-
teristics of the pilot program at selected United 
States seaports; and 
(C) an evaluation of the operational per-
formance of the next-generation radiation portal 
monitors, including nuisance alarm rates, and a 
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description of the standards used in such evalua-
tion. 
(f) DEPLOYMENT OF NEXT-GENERATION RADIATION 
PORTAL MONITORS.— 
(1) IN
GENERAL.—If the Secretary, acting 
through the Director of the Domestic Nuclear Detec-
tion Office of the Department, determines that the 
operational performance of the next-generation radi-
ation portal monitors under the pilot program car-
ried out under subsection (e) has met the standards 
described subsection (e)(2)(C), the Secretary shall de-
ploy next-generation radiation portal monitors, in 
fixed or other configurations, at all United States sea-
ports with a high-volume of containerized cargo to 
improve cargo screening capabilities at such seaports 
not later than September 30, 2007. 
(2) CONGRESSIONAL NOTIFICATION.—If any de-
ployment of next-generation radiation portal mon-
itors is deemed by the Secretary to be operationally 
infeasible or would result in ineffective, inefficient, or 
otherwise wasteful use of resources, the Secretary shall 
notify the appropriate congressional committees and 
recommend alternative actions. 
(g) ENHANCING OVERSEAS DETECTION CAPABILI-
TIES.—The Secretary, acting through the Director of the 
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Domestic Nuclear Detection Office of the Department, shall 
work with appropriate Federal departments and agencies 
to coordinate the installation of nuclear and radiological 
detection systems at foreign seaports. 
(h) DEFINITIONS.—In this section: 
(1) NEXT-GENERATION RADIATION PORTAL MON-
ITORS.—The term ‘‘next-generation radiation portal 
monitors’’ means non-intrusive, containerized cargo 
examination technologies that possess radionuclide 
isotope identification capabilities. 
(2) NUCLEAR
AND
RADIOLOGICAL
DETECTION 
SYSTEM.—The term ‘‘nuclear and radiological detec-
tion system’’ means any technology that is capable of 
detecting or identifying nuclear and radiological ma-
terial or explosive devices. 
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Union Calendar No. 250 
109TH CONGRESS 
2D SESSION 
H. R. 4954 
[Report No. 109–447] 
A BILL 
To improve maritime and cargo security through 
enhanced layered defenses, and for other purposes. 
MAY 1, 2006 
Committee on Transportation and Infrastructure dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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