II 
Calendar No. 244 
111TH CONGRESS 
1ST SESSION 
H. R. 730 
IN THE SENATE OF THE UNITED STATES 
MARCH 26, 2009 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
DECEMBER 17, 2009 
Reported by Mr. LIEBERMAN, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
To strengthen efforts in the Department of Homeland Secu-
rity to develop nuclear forensics capabilities to permit 
attribution of the source of nuclear material, and for 
other purposes. 
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 and 
Attribution Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) The threat of a nuclear terrorist attack on 
American interests, both domestic and abroad, is one 
of the most serious threats to the national security 
of the United States. In the wake of an attack, attri-
bution of responsibility would be of utmost impor-
tance. Because of the destructive power of a nuclear 
weapon, there could be little forensic evidence except 
the radioactive material in the weapon itself. 
(2) Through advanced nuclear forensics, using 
both existing techniques and those under develop-
ment, it may be possible to identify the source and 
pathway of a weapon or material after it is inter-
dicted or detonated. Though identifying intercepted 
smuggled material is now possible in some cases, 
pre-detonation forensics is a relatively undeveloped 
field. The post-detonation nuclear forensics field is 
also immature, and the challenges are compounded 
by the pressures and time constraints of performing 
forensics after a nuclear or radiological attack. 
(3) A robust and well-known capability to iden-
tify the source of nuclear or radiological material in-
tended for or used in an act of terror could also 
deter prospective proliferators. Furthermore, the 
threat of effective attribution could compel improved 
security at material storage facilities, preventing the 
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unwitting transfer of nuclear or radiological mate-
rials. 
(4)(A) In order to identify special nuclear mate-
rial and other radioactive materials confidently, it is 
necessary to have a robust capability to acquire sam-
ples in a timely manner, analyze and characterize 
samples, and compare samples against known signa-
tures of nuclear and radiological material. 
(B) Many of the radioisotopes produced in the 
detonation of a nuclear device have short half-lives, 
so the timely acquisition of samples is of the utmost 
importance. Over the past several decades, the abil-
ity of the United States to gather atmospheric sam-
ples—often the preferred method of sample acquisi-
tion—has diminished. This ability must be restored 
and modern techniques that could complement or re-
place existing techniques should be pursued. 
(C) The discipline of pre-detonation forensics is 
a relatively undeveloped field. The radiation associ-
ated with a nuclear or radiological device may affect 
traditional forensics techniques in unknown ways. In 
a post-detonation scenario, radiochemistry may pro-
vide the most useful tools for analysis and character-
ization of samples. The number of radiochemistry 
programs and radiochemists in United States Na-
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tional Laboratories and universities has dramatically 
declined over the past several decades. The nar-
rowing pipeline of qualified people into this critical 
field is a serious impediment to maintaining a robust 
and credible nuclear forensics program. 
(5) Once samples have been acquired and char-
acterized, it is necessary to compare the results 
against samples of known material from reactors, 
weapons, and enrichment facilities, and from med-
ical, academic, commercial, and other facilities con-
taining such materials, throughout the world. Some 
of these samples are available to the International 
Atomic Energy Agency through safeguards agree-
ments, and some countries maintain internal sample 
databases. Access to samples in many countries is 
limited by national security concerns. 
(6) In order to create a sufficient deterrent, it 
is necessary to have the capability to positively iden-
tify the source of nuclear or radiological material, 
and potential traffickers in nuclear or radiological 
material must be aware of that capability. Inter-
national cooperation may be essential to catalogue 
all existing sources of nuclear or radiological mate-
rial. 
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SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREE-
MENTS FOR FORENSICS COOPERATION. 
It is the sense of the Congress that the President 
should— 
(1)
pursue
bilateral
and
multilateral
inter-
national agreements to establish, or seek to establish 
under the auspices of existing bilateral or multilat-
eral agreements, an international framework for de-
termining the source of any confiscated nuclear or 
radiological material or weapon, as well as the 
source of any detonated weapon and the nuclear or 
radiological material used in such a weapon; 
(2) develop protocols for the data exchange and 
dissemination of sensitive information relating to nu-
clear or radiological materials and samples of con-
trolled nuclear or radiological materials, to the ex-
tent required by the agreements entered into under 
paragraph (1); and 
(3) develop expedited protocols for the data ex-
change and dissemination of sensitive information 
needed to publicly identify the source of a nuclear 
detonation. 
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SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETEC-
TION OFFICE. 
(a) ADDITIONAL RESPONSIBILITIES.—Section 1902 
of the Homeland Security Act of 2002 (as redesignated 
by Public Law 110–53; 6 U.S.C. 592) is amended— 
(1) in subsection (a)— 
(A) in paragraph (9), by striking ‘‘and’’ 
after the semicolon; 
(B) by redesignating paragraph (10) as 
paragraph (14); and 
(C) by inserting after paragraph (9) the 
following: 
‘‘(10) develop and implement, with the approval 
of the Secretary and in coordination with the heads 
of appropriate departments and agencies, methods 
and capabilities to support the attribution of nuclear 
or radiological material to its source when such ma-
terial is intercepted by the United States, foreign 
governments, or international bodies or is dispersed 
in the course of a terrorist attack or other nuclear 
or radiological explosion; 
‘‘(11) establish, within the Domestic Nuclear 
Detection Office, the National Technical Nuclear 
Forensics Center to provide centralized stewardship, 
planning, assessment, gap analysis, exercises, im-
provement, and integration for all Federal nuclear 
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forensics activities in order to ensure an enduring 
national technical nuclear forensics capability and 
strengthen the collective response of the United 
States to nuclear terrorism or other nuclear attacks; 
‘‘(12) establish a National Nuclear Forensics 
Expertise Development Program which— 
‘‘(A) is devoted to developing and main-
taining a vibrant and enduring academic path-
way
from
undergraduate
to
post-doctorate 
study in nuclear and geochemical science spe-
cialties directly relevant to technical nuclear 
forensics,
including
radiochemistry,
geo-
chemistry, nuclear physics, nuclear engineering, 
materials science, and analytical chemistry; and 
‘‘(B) shall— 
‘‘(i) make available for undergraduate 
study student scholarships, with a duration 
of up to four years per student, which shall 
include, whenever possible, at least one 
summer internship at a national laboratory 
or appropriate Federal agency in the field 
of technical nuclear forensics during the 
course of the student’s undergraduate ca-
reer; 
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‘‘(ii)
make
available
for
graduate 
study student fellowships, with a duration 
of up to five years per student, which— 
‘‘(I) shall include, whenever pos-
sible, at least two summer internships 
at a national laboratory or appro-
priate Federal agency in the field of 
technical nuclear forensics during the 
course of the student’s graduate ca-
reer; and 
‘‘(II) shall require each recipient 
to commit to serve for two years in a 
post-doctoral position in a technical 
nuclear forensics-related specialty at a 
national
laboratory
or
appropriate 
Federal agency after graduation; 
‘‘(iii)
make
available
to
faculty 
awards, with a duration of three to five 
years each, to ensure faculty and their 
graduate
students
a
sustained
funding 
stream; and 
‘‘(iv) place a particular emphasis on 
reinvigorating technical nuclear forensics 
programs, while encouraging the participa-
tion of undergraduate students, graduate 
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students, and university faculty from his-
torically Black colleges and universities, 
Hispanic-serving institutions, and Tribal 
Colleges and Universities; 
‘‘(13) provide an annual report to Congress on 
the activities carried out under paragraphs (10), 
(11), and (12); and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) HISTORICALLY BLACK COLLEGE OR UNI-
VERSITY.—The term ‘historically Black college or 
university’ has the meaning given the term ‘part B 
institution’ in section 322(2) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1061(2)). 
‘‘(2)
HISPANIC-SERVING
INSTITUTION.—The 
term ‘Hispanic-serving institution’ has the meaning 
given that term in section 502 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1101a). 
‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given that term in section 316(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1059c(b)).’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated the sum of $30,000,000 for 
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each of the fiscal years 2009, 2010, and 2011 to carry 
out paragraphs (10) through (13) of section 1902(a) of 
the Homeland Security Act of 2002, as added by sub-
section (a) of this section. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Forensics and 
Attribution Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The threat of a nuclear terrorist attack on 
American interests, both domestic and abroad, is one 
of the most serious threats to the national security of 
the United States. In the wake of an attack, attribu-
tion of responsibility would be of utmost importance. 
Because of the destructive power of a nuclear weapon, 
there could be little forensic evidence except the radio-
active material in the weapon itself. 
(2) Through advanced nuclear forensics, using 
both existing techniques and those under development, 
it may be possible to identify the source and pathway 
of a weapon or material after it is interdicted or deto-
nated. Though identifying intercepted smuggled mate-
rial is now possible in some cases, pre-detonation 
forensics is a relatively undeveloped field. The post- 
detonation nuclear forensics field is also immature, 
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and the challenges are compounded by the pressures 
and time constraints of performing forensics after a 
nuclear or radiological attack. 
(3) A robust and well-known capability to iden-
tify the source of nuclear or radiological material in-
tended for or used in an act of terror could also deter 
prospective proliferators. Furthermore, the threat of 
effective attribution could compel improved security 
at material storage facilities, preventing the unwit-
ting transfer of nuclear or radiological materials. 
(4)(A) In order to identify special nuclear mate-
rial and other radioactive materials confidently, it is 
necessary to have a robust capability to acquire sam-
ples in a timely manner, analyze and characterize 
samples, and compare samples against known signa-
tures of nuclear and radiological material. 
(B) Many of the radioisotopes produced in the 
detonation of a nuclear device have short half-lives, so 
the timely acquisition of samples is of the utmost im-
portance. Over the past several decades, the ability of 
the United States to gather atmospheric samples— 
often the preferred method of sample acquisition—has 
diminished. This ability must be restored and modern 
techniques that could complement or replace existing 
techniques should be pursued. 
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(C) The discipline of pre-detonation forensics is 
a relatively undeveloped field. The radiation associ-
ated with a nuclear or radiological device may affect 
traditional forensics techniques in unknown ways. In 
a post-detonation scenario, radiochemistry may pro-
vide the most useful tools for analysis and character-
ization of samples. The number of radiochemistry 
programs and radiochemists in United States Na-
tional Laboratories and universities has dramatically 
declined over the past several decades. The narrowing 
pipeline of qualified people into this critical field is 
a serious impediment to maintaining a robust and 
credible nuclear forensics program. 
(5) Once samples have been acquired and charac-
terized, it is necessary to compare the results against 
samples of known material from reactors, weapons, 
and enrichment facilities, and from medical, aca-
demic, commercial, and other facilities containing 
such materials, throughout the world. Some of these 
samples are available to the International Atomic 
Energy Agency through safeguards agreements, and 
some countries maintain internal sample databases. 
Access to samples in many countries is limited by na-
tional security concerns. 
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(6) In order to create a sufficient deterrent, it is 
necessary to have the capability to positively identify 
the source of nuclear or radiological material, and po-
tential traffickers in nuclear or radiological material 
must be aware of that capability. International co-
operation may be essential to catalogue all existing 
sources of nuclear or radiological material. 
SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREE-
MENTS FOR FORENSICS COOPERATION. 
It is the sense of the Congress that the President 
should— 
(1) pursue bilateral and multilateral inter-
national agreements to establish, or seek to establish 
under the auspices of existing bilateral or multilateral 
agreements, an international framework for deter-
mining the source of any confiscated nuclear or radi-
ological material or weapon, as well as the source of 
any detonated weapon and the nuclear or radiological 
material used in such a weapon; 
(2) develop protocols for the data exchange and 
dissemination of sensitive information relating to nu-
clear or radiological materials and samples of con-
trolled nuclear or radiological materials, to the extent 
required by the agreements entered into under para-
graph (1); and 
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(3) develop expedited protocols for the data ex-
change and dissemination of sensitive information 
needed to publicly identify the source of a nuclear det-
onation. 
SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETEC-
TION OFFICE. 
(a) ADDITIONAL RESPONSIBILITIES.—Section 1902 of 
the Homeland Security Act of 2002 (as redesignated by 
Public Law 110–53; 6 U.S.C. 592) is amended— 
(1) in subsection (a)— 
(A) in paragraph (9), by striking ‘‘and’’ 
after the semicolon; 
(B) by redesignating paragraph (10) as 
paragraph (14); and 
(C) by inserting after paragraph (9) the fol-
lowing: 
‘‘(10) lead the development and implementation 
of the national strategic five-year plan for improving 
the nuclear forensic and attribution capabilities of the 
United States required under section 1036 of the Na-
tional Defense Authorization Act for Fiscal Year 
2010; 
‘‘(11) establish, within the Domestic Nuclear De-
tection Office, the National Technical Nuclear 
Forensics Center to provide centralized stewardship, 
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planning, assessment, gap analysis, exercises, im-
provement, and integration for all Federal nuclear 
forensics and attribution activities— 
‘‘(A) to ensure an enduring national tech-
nical nuclear forensics capability to strengthen 
the collective response of the United States to nu-
clear terrorism or other nuclear attacks; and 
‘‘(B) to coordinate and implement the na-
tional strategic five-year plan referred to in 
paragraph (10); 
‘‘(12) establish a National Nuclear Forensics Ex-
pertise Development Program, which— 
‘‘(A) is devoted to developing and maintain-
ing a vibrant and enduring academic pathway 
from undergraduate to post-doctorate study in 
nuclear and geochemical science specialties di-
rectly relevant to technical nuclear forensics, in-
cluding radiochemistry, geochemistry, nuclear 
physics, nuclear engineering, materials science, 
and analytical chemistry; 
‘‘(B) shall— 
‘‘(i) make available for undergraduate 
study student scholarships, with a duration 
of up to 4 years per student, which shall in-
clude, if possible, at least 1 summer intern-
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ship at a national laboratory or appro-
priate Federal agency in the field of tech-
nical nuclear forensics during the course of 
the student’s undergraduate career; 
‘‘(ii) make available for doctoral study 
student fellowships, with a duration of up 
to 5 years per student, which shall— 
‘‘(I) include, if possible, at least 2 
summer internships at a national lab-
oratory or appropriate Federal agency 
in the field of technical nuclear 
forensics during the course of the stu-
dent’s graduate career; and 
‘‘(II) require each recipient to 
commit to serve for 2 years in a post- 
doctoral position in a technical nuclear 
forensics-related specialty at a national 
laboratory 
or 
appropriate 
Federal 
agency after graduation; 
‘‘(iii) 
make 
available 
to 
faculty 
awards, with a duration of 3 to 5 years 
each, to ensure faculty and their graduate 
students have a sustained funding stream; 
and 
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‘‘(iv) place a particular emphasis on 
reinvigorating technical nuclear forensics 
programs while encouraging the participa-
tion of undergraduate students, graduate 
students, and university faculty from his-
torically Black colleges and universities, 
Hispanic-serving institutions, Tribal Col-
leges and Universities, Asian American and 
Native American Pacific Islander-serving 
institutions, Alaska Native-serving institu-
tions, and Hawaiian Native-serving institu-
tions; and 
‘‘(C) shall— 
‘‘(i) provide for the selection of indi-
viduals to receive scholarships or fellowships 
under this section through a competitive 
process primarily on the basis of academic 
merit and the nuclear forensics and attribu-
tion needs of the United States Government; 
‘‘(ii) provide for the setting aside of up 
to 10 percent of the scholarships or fellow-
ships awarded under this section for indi-
viduals who are Federal employees to en-
hance the education of such employees in 
areas of critical nuclear forensics and attri-
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bution needs of the United States Govern-
ment, for doctoral education under the 
scholarship on a full-time or part-time 
basis; 
‘‘(iii) provide that the Secretary may 
enter into a contractual agreement with an 
institution of higher education under which 
the amounts provided for a scholarship 
under this section for tuition, fees, and 
other authorized expenses are paid directly 
to the institution with respect to which such 
scholarship is awarded; 
‘‘(iv) require scholarship recipients to 
maintain satisfactory academic progress; 
and 
‘‘(v) require that— 
‘‘(I) a scholarship recipient who 
fails to maintain a high level of aca-
demic standing, as defined by the Sec-
retary, who is dismissed for discipli-
nary reasons from the educational in-
stitution such recipient is attending, or 
who voluntarily terminates academic 
training before graduation from the 
educational program for which the 
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scholarship was awarded shall be liable 
to the United States for repayment 
within 1 year after the date of such de-
fault of all scholarship funds paid to 
such recipient and to the institution of 
higher education on the behalf of such 
recipient, provided that the repayment 
period may be extended by the Sec-
retary if the Secretary determines it 
necessary, as established by regulation; 
and 
‘‘(II) a scholarship recipient who, 
for any reason except death or dis-
ability, fails to begin or complete the 
post-doctoral service requirements in a 
technical nuclear forensics-related spe-
cialty at a national laboratory or ap-
propriate Federal agency after comple-
tion of academic training shall be lia-
ble to the United States for an amount 
equal to— 
‘‘(aa) the total amount of the 
scholarship received by such re-
cipient under this section; and 
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‘‘(bb) the interest on such 
amounts which would be payable 
if at the time the scholarship was 
received such scholarship was a 
loan bearing interest at the max-
imum legally prevailing rate; 
‘‘(13) provide an annual report to Congress on 
the activities carried out under paragraphs (10), (11), 
and (12); and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ALASKA
NATIVE-SERVING
INSTITUTION.— 
The term ‘Alaska Native-serving institution’ has the 
meaning given the term in section 317 of the Higher 
Education Act of 1965 (20 U.S.C. 1059d). 
‘‘(2) ASIAN
AMERICAN
AND
NATIVE
AMERICAN 
PACIFIC ISLANDER-SERVING INSTITUTION.—The term 
‘Asian American and Native American Pacific Is-
lander-serving institution’ has the meaning given the 
term in section 320 of the Higher Education Act of 
1965 (20 U.S.C. 1059g). 
‘‘(3) HAWAIIAN NATIVE-SERVING INSTITUTION.— 
The term ‘Hawaiian native-serving institution’ has 
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the meaning given the term in section 317 of the 
Higher Education Act of 1965 (20 U.S.C. 1059d). 
‘‘(4) HISPANIC-SERVING INSTITUTION.—The term 
‘Hispanic-serving institution’ has the meaning given 
that term in section 502 of the Higher Education Act 
of 1965 (20 U.S.C. 1101a). 
‘‘(5) HISTORICALLY BLACK COLLEGE OR UNIVER-
SITY.—The term ‘historically Black college or univer-
sity’ has the meaning given the term ‘part B institu-
tion’ in section 322(2) of the Higher Education Act 
of 1965 (20 U.S.C. 1061(2)). 
‘‘(6) TRIBAL
COLLEGE
OR
UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given that term in section 316(b) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059c(b)).’’. 
(b) JOINT INTERAGENCY ANNUAL REPORTING RE-
QUIREMENT TO CONGRESS AND THE PRESIDENT.— 
(1) IN
GENERAL.—Section 1907(a)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 596a(a)(1)) 
is amended— 
(A) in subparagraph (A)(ii), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (B)(iii), by striking 
the period at the end and inserting ‘‘; and’’; and 
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(C) by adding at the end the following new 
subparagraph: 
‘‘(C) the Director of the Domestic Nuclear 
Detection Office and each of the relevant depart-
ments that are partners in the National Tech-
nical Forensics Center— 
‘‘(i) include, as part of the assessments, 
evaluations, and reviews required under 
this paragraph, each office’s or department’s 
activities and investments in support of nu-
clear forensics and attribution activities 
and specific goals and objectives accom-
plished during the previous year pursuant 
to the national strategic five-year plan for 
improving the nuclear forensic and attribu-
tion capabilities of the United States re-
quired under section 1036 of the National 
Defense Authorization Act for Fiscal Year 
2010; 
‘‘(ii) attaches, as an appendix to the 
Joint Interagency Annual Review, the most 
current version of such strategy and plan; 
and 
‘‘(iii) includes a description of new or 
amended bilateral and multilateral agree-
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ments and efforts in support of nuclear 
forensics and attribution activities accom-
plished during the previous year.’’. 
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Calendar No. 244 
111TH CONGRESS 
1ST SESSION 
H. R. 730 
AN ACT 
To strengthen efforts in the Department of Home-
land Security to develop nuclear forensics capa-
bilities to permit attribution of the source of nu-
clear material, and for other purposes. 
DECEMBER 17, 2009 
Reported with an amendment 
VerDate Nov 24 2008 
23:17 Dec 17, 2009
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