[House Report 110-708]
[From the U.S. Government Publishing Office]
110th Congress Rept. 110-708
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
NUCLEAR FORENSICS AND ATTRIBUTION ACT
_______
June 11, 2008.--Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 2631]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 2631) to strengthen efforts in the Department of
Homeland Security to develop nuclear forensics capabilities to
permit attribution of the source of nuclear material, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 7
Advisory Committee Statement..................................... 7
Constitutional Authority Statement............................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
Committee Correspondence......................................... 11
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
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, attribution of responsibility would be of
utmost importance. Because of the destructive power of the
weapon, there could be little forensic evidence except the
radioactive material in the bomb 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 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 identify the source
of nuclear or radiological material intended 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 unwitting transfer of nuclear or radiological materials.
(4)(A) In order to identify special nuclear material and
other radioactive materials confidently, it is necessary to
have a robust capability to acquire samples in a timely manner,
analyze and characterize samples, and compare samples against
known signatures 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 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.
(C) The discipline of pre-detonation forensics is a
relatively undeveloped field. The radiation associated with a
nuclear or radiological device may affect traditional forensics
techniques in unknown ways. In a post-detonation scenario,
radiochemistry may provide the most useful tools for analysis
and characterization of samples. The number of radiochemistry
programs and radiochemists in United States National
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 characterized, it is
necessary to compare the results against samples of known
material from reactors, weapons, and enrichment facilities, and
from medical, academic, 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 national security concerns.
(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 potential
traffickers in nuclear or radiological material must be aware
of that capability. International cooperation may be essential
to catalogue all existing sources of nuclear or radiological
material.
SEC. 3. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS FOR FORENSICS
COOPERATION.
It is the sense of the Congress that the President should--
(1) pursue bilateral and multilateral international
agreements to establish, or seek to establish under the
auspices of existing bilateral or multilateral agreements, an
international framework for determining 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 nuclear or radiological
materials and samples of controlled nuclear or radiological
materials, to the extent required by the agreements entered
into under paragraph (1); and
(3) develop expedited protocols for the data exchange and
dissemination of sensitive information needed to publicly
identify the source of a nuclear detonation.
SEC. 4. RESPONSIBILITIES OF DOMESTIC NUCLEAR DETECTION 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 material 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, improvement, and integration for all
Federal nuclear forensics activities to ensure an enduring
national technical nuclear forensics capability to 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 maintaining a
vibrant and enduring academic pathway from
undergraduate to post-doctorate study in nuclear and
geochemical science specialties directly relevant to
technical nuclear forensics, including radiochemistry,
geochemistry, 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 career;
``(ii) make available for graduate study
student fellowships, with a duration of up to
five years per student, which--
``(I) shall include, whenever
possible, at least two summer
internships at a national laboratory or
appropriate Federal agency in the field
of technical nuclear forensics during
the course of the student's graduate
career; 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 participation
of undergraduate students, graduate students,
and university faculty from historically 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 subsection:
``(b) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' has the meaning
given the term `part B institution' in section 322(2) of the
Higher Education 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 Education 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 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 subsection
(a) of this section.
Amend the title so as to read:
A bill to strengthen efforts in the Department of Homeland Security
to develop nuclear forensics capabilities to permit attribution of the
source of nuclear material, and for other purposes.
Purpose and Summary
The purpose of H.R. 2631 is to strengthen efforts in the
Department of Homeland Security to develop nuclear forensics
capabilities to permit attribution of the source of nuclear
material.
Background and Need for Legislation
A nuclear device detonated within the United States is the
gravest threat we face as a Nation. Should such an event occur,
rapid attribution is critical. Rapid attribution is also
important should a weapon or special nuclear material be
interdicted. A strong nuclear forensics capability will act as
a deterrent and guide possible response to a nuclear incident.
This being the case, H.R. 2631 is a necessary step to
strengthen and coordinate United States' nuclear forensics
capabilities.
Hearings
On October 10, 2007, the Subcommittee on Emerging Threats,
Cybersecurity and Science and Technology held a hearing on H.R.
2631, the Nuclear Forensics and Attribution Act. The
Subcommittee received testimony from Hon. Adam B. Schiff, the
Representative in Congress from the Twenty--Ninth District in
the State of California; Mr. Vayl Oxford, Director, Domestic
Nuclear Detection Office, Department of Homeland Security; Dr.
Steven Aoki, Deputy Under Secretary for Counterterrorism,
National Nuclear Security Administration, Department of Energy;
Mr. Mike Evenson, Associate Director for Operations, Defense
Threat Reduction Agency, Department of Defense; Dr. Vahid
Majidi, Assistant Director, Weapons of Mass Destruction
Directorate, Federal Bureau of Investigation, Department of
Justice; Mr. Andrew Grant, Acting Director for WMD Terrorism,
Bureau of International Security and Nonproliferation,
Department of State; and Dr. Carol Burns, Group Leader, Nuclear
and Radiochemistry, Chemistry Division, Los Alamos National
Laboratory.
Committee Consideration
H.R. 2631 was introduced in the House on June 7, 2007, by
Mr. Schiff, Mr. Langevin, and three original co-sponsors, and
referred to the Committee on Homeland Security, and in addition
to the Committee on Foreign Affairs. Within the Committee, H.R.
2631 was referred to the Subcommittee on Subcommittee on
Emerging Threats, Cybersecurity, and Science and Technology.
The Subcommittee on Emerging Threats, Cybersecurity, and
Science and Technology met on October 31, 2007, to consider
H.R. 2631 and forwarded the bill to the Full Committee for
consideration, amended, by voice vote.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by
Mr. Langevin, (#1), was AGREED TO by voice vote.
The title was amended so as to read ``To strengthen
efforts in the Department of Homeland Security to
develop nuclear forensics capabilities to permit
attribution of the source of nuclear material, and for
other purposes.''
The Committee on Homeland Security considered H.R. 2631 on
May 20, 2008, and ordered the measure reported to the House
with a favorable recommendation, as amended, by unanimous
consent.
The following amendment was offered:
An Amendment in the Nature of a Substitute offered by
Mr. Langevin (#1); was AGREED TO by the unanimous
consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes occurred on H.R. 2631 in the Committee.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2631, the Nuclear Forensics and Attribution Act, would result
in no new or increased budget authority, entitlement authority,
or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
June 3, 2008.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2631, the Nuclear
Forensics and Attribution Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 2631--Nuclear Forensics and Attribution Act
Summary: H.R. 2631 would authorize the appropriation of $30
million for each of fiscal years 2009 through 2011 for the
Domestic Nuclear Detection Office in the Department of Homeland
Security to develop programs to improve nuclear forensics and
attribution (the process of identifying the source of nuclear
or radiological material). CBO estimates that implementing the
bill would cost $90 million over the 2009-2013 period, subject
to appropriation of the authorized amounts. Enacting H.R. 2631
would not affect direct spending or revenues.
H.R. 2631 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2631 is shown in the following table.
CBO assumes that the amounts authorized by the bill will be
appropriated near the start of each fiscal year and that
outlays will follow the historical rate of spending for similar
activities. The costs of this legislation fall within budget
function 750 (administration of justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2009-
2009 2010 2011 2012 2013 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................. 30 30 30 0 0 90
Estimated Outlays................................... 9 18 30 21 12 90
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 2631
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Mark Grabowicz; Impact
on state, local, and tribal governments: Melissa Merrell;
Impact on the private sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 2631 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
H.R. 2631 authorizes, in statute, the National Technical
Nuclear Forensics Center within the Domestic Nuclear Detection
Office at the Department of Homeland Security. This Office will
coordinate nuclear forensics efforts across the Federal
government, in order to ensure information sharing and reduce
redundant efforts of the various Federal agencies involved in
nuclear forensics, to include the Departments of Homeland
Security, Energy, Defense, Justice, and State. This legislation
will also help ensure future development of the scientific and
technical workforce needed to carry out nuclear forensics
activities. The legislation also promotes international
cooperation and information sharing to aide nuclear forensics
activities.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section states that this act may be cited as ``The
Nuclear Forensics and Attribution Act''.
Section 2. Findings
This section sets forth Congressional findings with respect
to the need for a robust nuclear forensics attribution program
since the threat of a nuclear terrorist attack is the most
serious threat to the U.S.
Section 3. Sense of Congress on international agreements for forensics
cooperation
This section expresses the sense of Congress that the
President should: Pursue bilateral and multilateral agreements
with other nations to establish an international framework for
determining the source of any confiscated or detonated nuclear
material or weapon; develop protocols for the dissemination of
sensitive information relating to nuclear materials; and
publicly identify the source of a nuclear detonation.
Section 4. Responsibilities of the Domestic Nuclear Detection Office
This section amends section 1902 of the Homeland Security
Act of 2002 (Public Law 107-296) to require the Secretary of
Homeland Security to: Develop and implement, in coordination
with other Federal agencies, capabilities to support
attribution of intercepted nuclear or radiological material;
establish, within the Domestic Nuclear Detection Office the
National Technical Nuclear Forensics Center; ensure a nuclear
forensics workforce by developing and maintaining academic
scholarships and fellowships, which include a requirement of
service in a field relevant to nuclear forensics after
completion of education; and report annually to the Congress on
progress in the mandated areas.
The Committee recognizes that technical nuclear forensics
capabilities exist within several agencies across the U.S.
Government, including the Department of Energy, the Department
of Defense, the Department of Justice, and the Department of
State. The National Technical Nuclear Forensics Office should
serve as the coordinator of these efforts to ensure the
efficacy of current work and that a robust workforce is
fostered to support these efforts in the future.
The Committee recognizes the workforce in the technical
fields of nuclear forensics has been evaporating over the past
thirty years. Without a qualified workforce, we cannot attain
the level of preparedness against the threat of nuclear
terrorism the Nation needs.
The Committee makes special note that the bill, as amended,
includes a provision to provide scholarships and fellowships
for those pursuing careers in technical nuclear forensics.
Equally important, the bill mandates a two-year commitment
of service within the Federal technical nuclear forensics
workforce for fellows of the program after graduation. This
will ensure that taxpayers are assured a beneficial return on
the Nation's investment in education.
This section authorizes $30 million for each of the fiscal
years 2009, 2010, and 2011 to carry out the purposes of this
measure.
The Committee notes that the National Technical Nuclear
Forensics Center (NTNFC) received $15 million in appropriations
for Fiscal Year 2008 and the request for Fiscal Year 2009 is
$17.9 million. H.R. 2631, as reported, not only requires the
Secretary to coordinate with other Federal Agencies and
countries to enhance our Nation's nuclear forensic capabilities
but also places additional requirements on the NTNFC to
continue to develop and improve these capabilities and develop
educational programs to ensure a capable workforce. Therefore
the Committee supports the authorization of $30 million per
year for FY 2009, 2010, and 2011.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
* * * * * * *
SEC. 1902. 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) * * *
* * * * * * *
(9) further enhance and maintain continuous awareness
by analyzing information from all Office mission-
related detection systems; [and]
(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 material
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, improvement, and
integration for all Federal nuclear forensics
activities to ensure an enduring national technical
nuclear forensics capability to 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 maintaining
a vibrant and enduring academic pathway from
undergraduate to post-doctorate study in
nuclear and geochemical science specialties
directly relevant to technical nuclear
forensics, including radiochemistry,
geochemistry, 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 career;
(ii) make available for graduate
study student fellowships, with a
duration of up to five years per
student, which--
(I) shall include, whenever
possible, at least two summer
internships at a national
laboratory or appropriate
Federal agency in the field of
technical nuclear forensics
during the course of the
student's graduate career; 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 participation of undergraduate
students, graduate students, and
university faculty from historically
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
[(10)] (14) perform other duties as assigned by the
Secretary.
(b) Definitions.--In this section:
(1) Historically black college or university.--The
term ``historically Black college or university'' has
the meaning given the term ``part B institution'' in
section 322(2) of the Higher Education 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 Education 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)).
* * * * * * *