H. R. 4954—49
‘‘(7) an evaluation of the criteria for targeting and exam-
ining in-bond cargo; and 
‘‘(8) an assessment of the feasibility of reducing the transit 
time for in-bond shipments, including an assessment of the 
impact of such a change on domestic and international trade. 
‘‘(b) DEFINITION.—In this section, the term ‘Commissioner’ 
means the Commissioner responsible for the United States Customs 
and Border Protection in the Department of Homeland Security.’’. 
SEC. 407. SENSE OF THE SENATE. 
It is the sense of the Senate that nothing in sections 111 
through 114, 121, and 201 through 236, or the amendments made 
by such sections, shall be construed to affect the jurisdiction of 
any Standing Committee of the Senate. 
TITLE V—DOMESTIC NUCLEAR 
DETECTION OFFICE 
SEC. 501. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION 
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: 
‘‘TITLE XVIII—DOMESTIC NUCLEAR 
DETECTION OFFICE 
‘‘SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE. 
‘‘(a) ESTABLISHMENT.—There shall be established in the Depart-
ment a Domestic Nuclear Detection Office (referred to in this title 
as the ‘Office’). The Secretary may request that the Secretary of 
Defense, the Secretary of Energy, the Secretary of State, the 
Attorney General, the Nuclear Regulatory Commission, and the 
directors of other Federal agencies, including elements of the Intel-
ligence Community, provide for the reimbursable detail of personnel 
with relevant expertise to the Office. 
‘‘(b) DIRECTOR.—The Office shall be headed by a Director for 
Domestic Nuclear Detection, who shall be appointed by the Presi-
dent. 
‘‘SEC. 1802. MISSION OF OFFICE. 
‘‘(a) MISSION.—The Office shall be responsible for coordinating 
Federal efforts to detect and protect against the unauthorized 
importation, possession, storage, transportation, development, or 
use of a nuclear explosive device, fissile material, or radiological 
material in the United States, and to protect against attack using 
such devices or materials against the people, territory, or interests 
of the United States and, to this end, shall—
‘‘(1) serve as the primary entity of the United States 
Government to further develop, acquire, and support the deploy-
ment of an enhanced domestic system to detect and report 
on attempts to import, possess, store, transport, develop, or 
use an unauthorized nuclear explosive device, fissile material, 
or radiological material in the United States, and improve 
that system over time;
H. R. 4954—50
‘‘(2) enhance and coordinate the nuclear detection efforts 
of Federal, State, local, and tribal governments and the private 
sector to ensure a managed, coordinated response; 
‘‘(3) establish, with the approval of the Secretary and in 
coordination with the Attorney General, the Secretary of 
Defense, and the Secretary of Energy, additional protocols and 
procedures for use within the United States to ensure that 
the detection of unauthorized nuclear explosive devices, fissile 
material, or radiological material is promptly reported to the 
Attorney General, the Secretary, the Secretary of Defense, the 
Secretary of Energy, and other appropriate officials or their 
respective designees for appropriate action by law enforcement, 
military, emergency response, or other authorities; 
‘‘(4) develop, with the approval of the Secretary and in 
coordination with the Attorney General, the Secretary of State, 
the Secretary of Defense, and the Secretary of Energy, an 
enhanced 
global 
nuclear 
detection 
architecture 
with 
implementation under which—
‘‘(A) the Office will be responsible for the implementa-
tion of the domestic portion of the global architecture; 
‘‘(B) the Secretary of Defense will retain responsibility 
for implementation of Department of Defense requirements 
within and outside the United States; and 
‘‘(C) the Secretary of State, the Secretary of Defense, 
and the Secretary of Energy will maintain their respective 
responsibilities for policy guidance and implementation of 
the portion of the global architecture outside the United 
States, which will be implemented consistent with 
applicable law and relevant international arrangements; 
‘‘(5) ensure that the expertise necessary to accurately inter-
pret detection data is made available in a timely manner for 
all technology deployed by the Office to implement the global 
nuclear detection architecture; 
‘‘(6) conduct, support, coordinate, and encourage an aggres-
sive, expedited, evolutionary, and transformational program of 
research and development to generate and improve technologies 
to detect and prevent the illicit entry, transport, assembly, 
or potential use within the United States of a nuclear explosive 
device or fissile or radiological material, and coordinate with 
the Under Secretary for Science and Technology on basic and 
advanced or transformational research and development efforts 
relevant to the mission of both organizations; 
‘‘(7) carry out a program to test and evaluate technology 
for detecting a nuclear explosive device and fissile or radio-
logical material, in coordination with the Secretary of Defense 
and the Secretary of Energy, as appropriate, and establish 
performance metrics for evaluating the effectiveness of indi-
vidual detectors and detection systems in detecting such devices 
or material—
‘‘(A) under realistic operational and environmental 
conditions; and 
‘‘(B) against realistic adversary tactics and counter-
measures; 
‘‘(8) support and enhance the effective sharing and use 
of appropriate information generated by the intelligence 
community, 
law 
enforcement 
agencies, 
counterterrorism
H. R. 4954—51
community, other government agencies, and foreign govern-
ments, as well as provide appropriate information to such enti-
ties; 
‘‘(9) further enhance and maintain continuous awareness 
by analyzing information from all Office mission-related detec-
tion systems; and 
‘‘(10) perform other duties as assigned by the Secretary. 
‘‘SEC. 1803. HIRING AUTHORITY. 
‘‘In hiring personnel for the Office, the Secretary shall have 
the hiring and management authorities provided in section 1101 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments 
for employees under subsection (c)(1) of such section may not exceed 
5 years before granting any extension under subsection (c)(2) of 
such section. 
‘‘SEC. 1804. TESTING AUTHORITY. 
‘‘(a) IN GENERAL.—The Director shall coordinate with the 
responsible Federal agency or other entity to facilitate the use 
by the Office, by its contractors, or by other persons or entities, 
of existing Government laboratories, centers, ranges, or other 
testing facilities for the testing of materials, equipment, models, 
computer software, and other items as may be related to the mis-
sions identified in section 1802. Any such use of Government facili-
ties shall be carried out in accordance with all applicable laws, 
regulations, and contractual provisions, including those governing 
security, safety, and environmental protection, including, when 
applicable, the provisions of section 309. The Office may direct 
that private sector entities utilizing Government facilities in accord-
ance with this section pay an appropriate fee to the agency that 
owns or operates those facilities to defray additional costs to the 
Government resulting from such use. 
‘‘(b) CONFIDENTIALITY OF TEST RESULTS.—The results of tests 
performed with services made available shall be confidential and 
shall not be disclosed outside the Federal Government without 
the consent of the persons for whom the tests are performed. 
‘‘(c) FEES.—Fees for services made available under this section 
shall not exceed the amount necessary to recoup the direct and 
indirect costs involved, such as direct costs of utilities, contractor 
support, and salaries of personnel that are incurred by the United 
States to provide for the testing. 
‘‘(d) USE OF FEES.—Fees received for services made available 
under this section may be credited to the appropriation from which 
funds were expended to provide such services. 
‘‘SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND 
FEDERAL AGENCIES. 
‘‘The authority of the Director under this title shall not affect 
the authorities or responsibilities of any officer of the Department 
or of any officer of any other department or agency of the United 
States with respect to the command, control, or direction of the 
functions, personnel, funds, assets, and liabilities of any entity 
within the Department or any Federal department or agency.
H. R. 4954—52
‘‘SEC. 1806. CONTRACTING AND GRANT MAKING AUTHORITIES. 
‘‘The Secretary, acting through the Director for Domestic 
Nuclear Detection, in carrying out the responsibilities under para-
graphs (6) and (7) of section 1802(a), shall—
‘‘(1) operate extramural and intramural programs and dis-
tribute funds through grants, cooperative agreements, and 
other transactions and contracts; 
‘‘(2) ensure that activities under paragraphs (6) and (7) 
of section 1802(a) include investigations of radiation detection 
equipment in configurations suitable for deployment at sea-
ports, which may include underwater or water surface detection 
equipment and detection equipment that can be mounted on 
cranes and straddle cars used to move shipping containers; 
and 
‘‘(3) have the authority to establish or contract with 1 
or more federally funded research and development centers 
to provide independent analysis of homeland security issues 
and carry out other responsibilities under this title.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—The Home-
land Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—
(1) in section 103(d) (6 U.S.C. 113(d)), by adding at the 
end the following: 
‘‘(5) A Director for Domestic Nuclear Detection.’’; 
(2) in section 302 (6 U.S.C. 182)—
(A) in paragraph (2), by striking ‘‘radiological, nuclear’’; 
and 
(B) in paragraph (5)(A), by striking ‘‘radiological, 
nuclear’’; and 
(3) in the table of contents, by adding at the end the 
following:
‘‘TITLE XVIII—DOMESTIC NUCLEAR DETECTION OFFICE 
‘‘Sec. 1801. Domestic Nuclear Detection Office. 
‘‘Sec. 1802. Mission of Office. 
‘‘Sec. 1803. Hiring authority. 
‘‘Sec. 1804. Testing authority. 
‘‘Sec. 1805. Relationship to other Department entities and Federal agencies. 
‘‘Sec. 1806. Contracting and grant making authorities.’’.
SEC. 502. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT 
STRATEGY FOR NUCLEAR AND RADIOLOGICAL DETEC-
TION. 
(a) IN GENERAL.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary, the Secretary of Energy, 
the Secretary of Defense, and the Director of National Intelligence 
shall submit to Congress a research and development investment 
strategy for nuclear and radiological detection. 
(b) CONTENTS.—The strategy under subsection (a) shall 
include—
(1) a long term technology roadmap for nuclear and radio-
logical detection applicable to the mission needs of the Depart-
ment, the Department of Energy, the Department of Defense, 
and the Office of the Director of National Intelligence; 
(2) budget requirements necessary to meet the roadmap; 
and 
(3) documentation of how the Department, the Department 
of Energy, the Department of Defense, and the Office of the 
Director of National Intelligence will execute this strategy.