Prevention of Nuclear Terrorism Act of 2006 - Amends the Homeland Security Act of 2002 to provide for the establishment within the Department of Homeland Security of a Domestic Nuclear Detection Office. Requires the Secretary of Homeland Security to vest in the Office's Director the primary responsibility for: (1) administering the Department's nuclear and radiological detection and prevention functions and assets; and (2) coordinating such administration with other federal detection and prevention activities.
Requires the Director to: (1) coordinate the government's implementation of a global nuclear detection architecture; (2) carry out a research and development program and a program to test and evaluate technology; (3) develop and execute a strategy for the acquisition and deployment of detection systems; (4) continuously monitor detection information received from foreign and domestic detection systems to maintain a situational awareness of all nuclear threats; (5) gather and archive detection data measurements taken of benign activities; (6) coordinate with other agencies to ensure that the detection of unauthorized nuclear explosive devices or radiological material is promptly reported; (7) assess nuclear threats communicated by federal, state, tribal, or local officials and provide adequate capability for swift and effective incident resolution; (8) develop and implement security standards for the protection of classified or sensitive information; (9) perform research, development, and acquisition activities pertaining to forensic analysis and attribution of nuclear and radiological attacks; and (10) utilize classified and unclassified threat assessments in designing the architecture.
Establishes within the Office an Advisory Council on Nuclear Detection. Requires the Director to establish an interagency coordination council.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5029 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5029
To establish in the Department of Homeland Security a Domestic Nuclear
Detection Office to improve the ability of the United States to detect
and prevent acts of nuclear and radiological terrorism and to enhance
coordination of such efforts across Federal agencies, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2006
Mr. Linder (for himself, Mr. Langevin, Mr. King of New York, Mr. McCaul
of Texas, Mr. Shays, Mr. Simmons, Mr. Thompson of Mississippi, Mr.
Dicks, Mr. Dent, Mr. Daniel E. Lungren of California, and Ms. Jackson-
Lee of Texas) introduced the following bill; which was referred to the
Committee on Homeland Security
_______________________________________________________________________
A BILL
To establish in the Department of Homeland Security a Domestic Nuclear
Detection Office to improve the ability of the United States to detect
and prevent acts of nuclear and radiological terrorism and to enhance
coordination of such efforts across Federal agencies, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Nuclear Terrorism Act
of 2006''.
SEC. 2. 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 new
title:
``TITLE XIX--OFFICE OF DOMESTIC NUCLEAR DETECTION
``SEC. 1901. DOMESTIC NUCLEAR DETECTION OFFICE.
``(a) In General.--There shall be in the Department of Homeland
Security a Domestic Nuclear Detection Office.
``(b) Purpose.--The purpose of the Office shall be to protect
against the unauthorized importation, possession, storage,
transportation, development, or use of a nuclear explosive device,
fissile material, or radiological material against the United States.
``(c) Director.--The Office shall be headed by a Director of
Domestic Nuclear Detection, who shall be appointed by the President
from among individuals nominated by the Secretary.
``(d) Limitation.--This subtitle shall not be construed to affect
the performance, by directorates and agencies of the Department other
than the Office, of functions that are not related to detection and
prevention of nuclear and radiological terrorism.
``SEC. 1902. FUNCTIONS OF DIRECTOR OF THE DOMESTIC NUCLEAR DETECTION
OFFICE, GENERALLY.
``(a) In General.--The Secretary shall vest in the Director the
primary responsibility in the Department for--
``(1) administering all nuclear and radiological detection
and prevention functions and assets of the Department,
including those functions vested in the Department before the
enactment of the Prevention of Nuclear Terrorism Act of 2006;
and
``(2) for coordinating such administration with nuclear and
radiological detection and prevention activities of other
Federal departments and agencies.
``(b) Transfer of Functions.--The Secretary shall transfer to the
Director the authority to administer, or supervise the administration
of, all functions, personnel, assets, and liabilities of all Department
programs and projects relating to nuclear and radiological detection
research, development, testing, and evaluation, and nuclear and
radiological detection system acquisition and deployment, including
with respect to functions and assets transferred by section 303(1)(B),
(C), and (E) and functions, assets, and personnel transferred pursuant
to section 1910(c).
``SEC. 1903. GLOBAL NUCLEAR DETECTION ARCHITECTURE.
``(a) In General.--The Director shall coordinate the Federal
Government's implementation of a global nuclear detection architecture.
``(b) Functions of Director.--The Director shall, under subsection
(a)--
``(1) design a strategy that will guide deployment of the
global nuclear detection architecture;
``(2) implement the strategy in the United States; and
``(3) coordinate Department and Federal interagency efforts
to deploy the elements of the global nuclear detection
architecture outside the United States.
``(c) Relationship to Other Departments and Agencies.--The
authority of the Director under this section shall not affect an
authority or responsibility of any other department or agency of the
Federal Government with respect to the deployment of nuclear and
radiological detection systems outside the United States under any
program administered by that department or agency.
``SEC. 1904. RESEARCH AND DEVELOPMENT.
``(a) In General.--The Director shall carry out a research and
development program to achieve transformational and evolutionary
improvements in detection capabilities for shielded and unshielded
nuclear explosive devices and radiological dispersion devices.
``(b) High-Risk Projects.--The program shall include funding for
transformational research and development projects that may have a high
risk of failure but have the potential to provide significant benefits.
``(c) Long-Term Projects.--In order to reflect a long-term
commitment to the development of more effective detection technologies,
the program shall include the provision of funding for projects having
a duration of more than 3 years, as appropriate.
``(d) Coordination With Other Federal Programs.--The Director shall
coordinate implementation of the program with other Federal agencies
performing similar research and development in order to accelerate the
development of effective technologies, promote technology sharing, and
to avoid duplication, including through the use of the interagency
coordination council established under section 1913.
``SEC. 1905. SYSTEM ASSESSMENTS.
``(a) In General.--The Director shall carry out a program to test
and evaluate technology for detecting nuclear explosive devices and
fissile or radiological material.
``(b) Performance Metrics.--The Director shall establish
performance metrics for evaluating the effectiveness of individual
detectors and detection systems in detecting nuclear explosive devices
or fissile or radiological material--
``(1) under realistic operational and environmental
conditions; and
``(2) against realistic adversary tactics and
countermeasures.
``(c) Provision of Testing Services.--
``(1) In general.--The Director may, under the program,
make available testing services to commercial developers of
detection devices.
``(2) Fees.--The Director may charge fees, as appropriate,
for performance of services under this subsection.
``(d) System Assessments.--
``(1) In general.--The Director shall periodically perform
system-wide assessments of the global nuclear detection
architecture to identify vulnerabilities and to gauge overall
system performance against nuclear and radiological threats.
``(2) Included activities.--The assessments shall include--
``(A) red teaming activities to identify
vulnerabilities and possible modes of attack and
concealment methods; and
``(B) net assessments to determine architecture
performance against adversary tactics and concealment
methods.
``(3) Use.--The Director shall use the assessments to guide
deployment of the global nuclear detection architecture and the
research and development activities of the Office.
``SEC. 1906. TECHNOLOGY ACQUISITION, DEPLOYMENT, SUPPORT, AND TRAINING.
``(a) Acquisition Strategy.--
``(1) In general.--The Director shall develop and, subject
to the availability of appropriations, execute a strategy for
the acquisition and deployment of detection systems in order to
implement the Department components of the global nuclear
detection architecture developed under section 1903.
``(2) Use of available contracting procedures.--The
Director shall make use of all contracting procedures available
to the Secretary to implement the acquisition strategy.
``(3) Determination of qualified anti-terrorism
technology.--The Director shall make recommendations based on
the criteria included in section 862(b) as to whether the
detection systems acquired pursuant to this subsection shall be
designated by the Secretary as anti-terrorism technologies that
qualify for protection under the system of risk management set
forth in subtitle G of title VIII. The Undersecretary for
Science and Technology shall consider the Director's
recommendations and expedite the process of determining whether
such detection systems shall be designated as anti-terrorism
technologies that qualify for such protection.
``(b) Deployment.--The Director shall deploy detection systems for
use by Department operational units and other end-users in implementing
the global nuclear detection architecture.
``(c) Operational Support and Protocols.--
``(1) Operational support.--The Director shall provide
operational support for all systems acquired to implement the
acquisition strategy developed under subsection (a).
``(2) Operational protocols.--The Director shall develop
operational protocols for detection technology acquired and
deployed to implement the acquisition strategy, including
procedures for alarm resolution and notification of appropriate
response agencies 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 interpret 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 distribute training
materials and provide training to all end-users of technology acquired
by the Director under the acquisition strategy.
``(e) Solicitation of End-User Input.--In developing requirements
for the research and development program of section 1904 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 detection technology acquisitions
to be made by State, territorial, tribal and local governments and
emergency response providers.
``SEC. 1907. SITUATIONAL AWARENESS.
``(a) Detection Information.--The Director--
``(1) shall continuously monitor detection information
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 commerce; 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 devices, fissile material, or
radiological material is promptly reported to all appropriate Federal
response agencies including the Attorney General, the Director of the
Federal Bureau of Investigation, the Secretary of Defense, and the
Secretary of Energy.
``(c) Incident Resolution.--The Director shall assess 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 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 handle such
information.
``SEC. 1908. FORENSIC ANALYSIS.
``The Director shall perform all research, development, and
acquisition activities of the Department pertaining to forensic
analysis and attribution of nuclear and radiological attacks.
``SEC. 1909. THREAT INFORMATION.
``(a) Threat Assessments.--The Director shall utilize classified
and unclassified nuclear and radiological threat assessments in
designing the global nuclear detection architecture under section 1903,
prioritizing detection system deployments, and testing and optimizing
system performance of that architecture, including assessments of--
``(1) smuggling routes;
``(2) locations of relevant nuclear and radiological
material throughout the world;
``(3) relevant terrorist tradecraft and concealment
methods;
``(4) relevant nuclear and radiological threat objects 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, assessments, analyses, and unevaluated
intelligence, that is necessary to successfully design, deploy, and
support the operation of an effective global detection architecture
under section 1903.
``(c) Analytical Support.--The Director shall request that the
Secretary provide to the Director, pursuant to section 201(d)(18), the
requisite intelligence and information analysis support necessary to
effectively discharge the Director's responsibilities.
``(d) Analytical Expertise.--For the purposes of performing any of
the assessments required under subsection (a), the Director, subject to
the availability of appropriations, may hire professional personnel who
are analysts with experience in performing nuclear and radiological
threat assessments.
``(e) Collection Requests.--The Director shall recommend to the
Secretary consultation that should occur pursuant to section 201(d)(10)
regarding intelligence collection to design, deploy, and support the
operation of the global detection architecture under section 1903.
``SEC. 1910. 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 subsection
(c)(2) of that section.
``(b) Detail of Personnel.--In order to assist the Director in
discharging the Director's responsibilities, personnel of other Federal
agencies may be detailed to the Office for the performance of analytic
functions and related duties.
``(c) Transfer of Science and Technology Functions, 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.
``(3) Elimination of duplication of effort.--The Secretary
shall ensure that to the extent there are complementary
functions vested in the Directorate of Science and Technology
and the Office with respect to radiological and nuclear
countermeasures, the Under Secretary for Science and Technology
and the Director coordinate the programs they administer to
eliminate duplication and increase integration opportunities,
particularly with respect to technology development and test
and evaluation.
``SEC. 1911. REPORT REQUIREMENT.
``The Director shall submit to the appropriate congressional
committees an annual report on the following:
``(1) The global detection strategy developed under section
1903.
``(2) The status of implementation of such architecture.
``(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. 1912. ADVISORY COUNCIL ON NUCLEAR DETECTION.
``(a) Establishment.--There is established 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 1903(a);
``(2) identify research areas for development of next-
generation and transformational nuclear and radiological
detection technologies; and
``(3) and have such additional responsibilities as the
Director may assign in furtherance of the Department's homeland
security mission with respect to enhancing domestic and
international nuclear and radiological detection capabilities.
``(c) Membership.--The Advisory Council shall consist of 5 members
appointed by the Director, who shall--
``(1) be individuals who have an eminent knowledge and
technical expertise related to nuclear and radiological
detection research and development and radiation detection; and
``(2) be selected solely on the basis of their established
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 considered by the Advisory Council, and
the appropriate course of action to address such conflicts of interest.
``(e) Federal Advisory Committee Act Exemption.--The Federal
Advisory Committee Act shall not apply to the Advisory Council.
``SEC. 1913. INTERAGENCY COORDINATION COUNCIL.
``The Director shall--
``(1) establish an interagency coordination council to
facilitate interagency cooperation for purposes of implementing
this title, and
``(2) invite the Attorney General, the Secretary 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 council.
``SEC. 1914. 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. 1915. 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 architecture'
means a multi-layered system of detectors deployed
internationally and domestically to detect and interdict
nuclear and radiological materials intended for illicit use.
``(4) The term `Office' means the Domestic Nuclear
Detection Office.
``(5) The term `radiological material' means material that
emits nuclear radiation.
``(6) The term `nuclear explosive device' means an
explosive device capable of producing a nuclear yield.
``(7) The term `technical reachback' means technical expert
support provided to operational end users for data
interpretation and alarm resolution.
``(8) The term `transformational' means that, if
successful, will produce dramatic technological improvements
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 Detection
Office.''.
(2) Section 302 of such Act (6 U.S.C. 182) is amended--
(A) in paragraph (2) by striking ``radiological,
nuclear''; and
(B) in paragraph (5)(A) by striking ``radiological,
nuclear''.
(3) Section 305 of such Act (6 U.S.C. 185) is amended by
inserting ``and the Director of the Domestic 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 inserting ``and the
Director of the Domestic Nuclear Detection Office'' after
``Technology'' each place it appears.
(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 XIX--OFFICE OF DOMESTIC NUCLEAR DETECTION
``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Functions of Director of the Domestic Nuclear Detection
Office, generally.
``Sec. 1903. Global nuclear detection architecture.
``Sec. 1904. Research and development.
``Sec. 1905. System assessments.
``Sec. 1906. Technology acquisition, deployment, support, and training.
``Sec. 1907. Situational awareness.
``Sec. 1908. Forensic analysis.
``Sec. 1909. Threat information.
``Sec. 1910. Administrative authorities.
``Sec. 1911. Report requirement.
``Sec. 1912. Advisory Council on Nuclear Detection.
``Sec. 1913. Interagency coordination council.
``Sec. 1914. Definitions.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
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