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HR 4954 PCS 
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-
ritorial, tribal and local governments and emergency re-
sponse providers. 
‘‘SEC. 2007. 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 
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HR 4954 PCS 
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 
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. 2008. 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. 2009. 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 2003, prioritizing detection 
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HR 4954 PCS 
system deployments, and testing and optimizing system 
performance 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. 
‘‘(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 op-
eration of an effective global detection architecture under 
section 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 ap-
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HR 4954 PCS 
propriations, may hire professional personnel who are ana-
lysts with experience in performing nuclear and radio-
logical threat assessments. 
‘‘(e) COLLECTION REQUESTS.—The Director shall 
recommend to the Secretary consultation that should 
occur pursuant to section 201(d)(10) regarding intel-
ligence collection to design, deploy, and support the oper-
ation of the global detection architecture under section 
2003. 
‘‘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 Na-
tional Defense Authorization Act for Fiscal Year 1999 (5 
U.S.C. 3104 note; Public Law 105–261). The term of ap-
pointments for employees under subsection (c)(1) of that 
section may not exceed 5 years before granting any exten-
sion under subsection (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 
Office for the performance of analytic functions and re-
lated duties. 
‘‘(c) TRANSFER
OF SCIENCE
AND TECHNOLOGY 
FUNCTIONS, PERSONNEL, AND ASSETS.— 
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HR 4954 PCS 
‘‘(1) TRANSFER
REQUIRED.—Except as pro-
vided in paragraph (2), the Secretary shall transfer 
to the Director the functions, assets, and personnel 
of the Department relating to radiological and nu-
clear countermeasures, including forensics of con-
taminated evidence and attack attribution. 
‘‘(2) EXCEPTIONS.—The Secretary shall not 
transfer under paragraph (1) functions, assets, and 
personnel relating to consequence management and 
recovery. 
‘‘(3) ELIMINATION
OF
DUPLICATION
OF
EF-
FORT.—The Secretary shall ensure that to the ex-
tent there are complementary functions vested in the 
Directorate of Science and Technology and the Of-
fice with respect to radiological and nuclear counter-
measures, the Under Secretary for Science and 
Technology and the Director coordinate the pro-
grams they administer to eliminate duplication and 
increase integration opportunities, particularly with 
respect to technology development and test and eval-
uation. 
‘‘SEC. 2011. REPORT REQUIREMENT. 
‘‘The Director shall submit to the appropriate con-
gressional committees an annual report on the following: 
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HR 4954 PCS 
‘‘(1) The global detection strategy developed 
under section 2003. 
‘‘(2) The status of implementation of such ar-
chitecture. 
‘‘(3) The schedule for future detection system 
deployments 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. 
‘‘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 re-
port to the Director (in this section referred to as the ‘Ad-
visory 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 devel-
oped under section 2003(a); 
‘‘(2) identify research areas for development of 
next-generation and transformational nuclear and 
radiological detection technologies; and 
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HR 4954 PCS 
‘‘(3) and have such additional responsibilities as 
the Director may assign in furtherance of the De-
partment’s homeland security mission with respect 
to enhancing domestic and international nuclear and 
radiological 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; 
‘‘(2) be selected solely on the basis of their es-
tablished record of distinguished service; and 
‘‘(3) not be employees of the Federal Govern-
ment, other than employees of National Labora-
tories. 
‘‘(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 
considered by the Advisory Council, and the appropriate 
course of action to address such conflicts of interest. 
‘‘SEC. 2013. INTERAGENCY COORDINATION COUNCIL. 
‘‘The President— 
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HR 4954 PCS 
‘‘(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 
Secretary of Energy, the Secretary of State, the Sec-
retary of Defense, and the heads of other appro-
priate Federal agencies to designate members to 
serve on such council. 
‘‘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 
‘‘(2) such sums as may be necessary for each 
subsequent 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 mate-
rials capable of sustaining a nuclear chain reaction. 
‘‘(3) The term ‘global nuclear detection archi-
tecture’ means a multi-layered system of detectors 
deployed internationally and domestically to detect 
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HR 4954 PCS 
and interdict nuclear and radiological materials in-
tended for illicit use. 
‘‘(4) 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. 
‘‘(5) The term ‘Office’ means the Domestic Nu-
clear Detection Office. 
‘‘(6) The term ‘radiological material’ means 
material that emits nuclear radiation. 
‘‘(7) The term ‘nuclear explosive device’ means 
an explosive device capable of producing a nuclear 
yield. 
‘‘(8) The term ‘technical reachback’ means 
technical 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: 
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HR 4954 PCS 
‘‘(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 ‘‘radi-
ological, nuclear,’’. 
(3) Section 305 of such Act (6 U.S.C. 185) is 
amended by inserting ‘‘and the Director of the Do-
mestic Nuclear Detection Office’’ after ‘‘Tech-
nology’’. 
(4) Section 308 of such Act (6 U.S.C. 188) is 
amended in each of subsections (a) and (b)(1) by in-
serting ‘‘and the Director of the Domestic Nuclear 
Detection 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, 
generally. 
‘‘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. 
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HR 4954 PCS 
‘‘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 test-
ed 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 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; 
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HR 4954 PCS 
(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 exam-
ining 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 para-
graph (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— 
(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.— 
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HR 4954 PCS 
(1) IN GENERAL.—Not later than January 1, 
2007, the Secretary, acting through the Director of 
the Domestic Nuclear Detection Office of the De-
partment, shall initiate a pilot program to deploy 
and test the operational performance of next-genera-
tion 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 con-
gressional 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 
description of the standards used in such eval-
uation. 
(f) DEPLOYMENT OF NEXT-GENERATION RADIATION 
PORTAL MONITORS.— 
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HR 4954 PCS 
(1) IN
GENERAL.—If the Secretary, acting 
through the Director of the Domestic Nuclear De-
tection Office of the Department, determines that 
the operational performance of the next-generation 
radiation portal monitors under the pilot program 
carried out under subsection (e) has met the stand-
ards described subsection (e)(2)(C), the Secretary 
shall deploy next-generation radiation portal mon-
itors, in fixed or other configurations, at all United 
States seaports 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 
Domestic Nuclear Detection Office of the Department, 
shall work with appropriate Federal departments and 
agencies to coordinate the installation of nuclear and radi-
ological detection systems at foreign seaports. 
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HR 4954 PCS 
(h) DEFINITIONS.—In this section: 
(1) NEXT-GENERATION
RADIATION
PORTAL 
MONITORS.—The term ‘‘next-generation radiation 
portal monitors’’ means non-intrusive, containerized 
cargo examination technologies that possess radio-
nuclide 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 
material or explosive devices. 
Passed the House of Representatives May 4, 2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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Calendar No. 432 
109TH CONGRESS 
2D SESSION 
H. R. 4954 
AN ACT 
To improve maritime and cargo security through 
enhanced layered defenses, and for other purposes. 
MAY 16, 2006 
Read the second time and placed on the calendar 
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