H.R. 5029House109th Congress (2005-2007)In Committee

Prevention of Nuclear Terrorism Act of 2006

Introduced March 28, 2006

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Homeland Security.

March 28, 2006

View full timeline
HouseIntro Referral

Introduced in House

March 28, 2006

HouseIntro Referral

Referred to the House Committee on Homeland Security.

March 28, 2006

Floor Debate

24 members

What members said about H.R. 5029 on the floor

8 Republicans16 Democrats
Peter T. King
Rep. Peter T. KingR-NY-3 · May 4, 2006

Madam Chairman, I yield myself such time as I may consume. At the outset before we begin this debate, which will be a very positive debate, let me express my thanks to the ranking member, Mr.…

Daniel E. Lungren
Rep. Daniel E. LungrenR-CA-3 · May 4, 2006

Madam Chairman, I thank the gentleman for yielding me the time. Madam Chairman, this day is the reason that I decided to come back to the Congress. An effort to work together on a bipartisan basis to…

Don Young
Rep. Don YoungR-AK · May 4, 2006

Mr. Chairman, I yield myself such time as I may consume. (Mr. YOUNG of Alaska asked and was given permission to revise and extend his remarks.) Mr. Chairman, I want to compliment Mr. King in the…

Bennie G. Thompson
Rep. Bennie G. ThompsonD-MS-2 · May 4, 2006

Madam Chairman, I yield myself such time as I may consume. Madam Chairman, first, I would like to thank Chairman King and Chairman Lungren for working with me and other members on the committee to…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 4, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. (Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.) Mr. Chairman,…

Show 8 more
C. A. Dutch Ruppersberger
Rep. C. A. Dutch RuppersbergerD-MD-2 · May 4, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself as much time as I may consume. Mr. Chairman, I commend Chairman King, Ranking Member Thompson, Congressman Lungren, and Congresswoman…

Loretta Sanchez
Rep. Loretta SanchezD-CA-47 · May 4, 2006

Madam Chairman, I thank Mr. Thompson for yielding me the time; and I would like to thank Chairman King and you and also Chairman Lungren for working with me and the other members of the Committee on…

David G. Reichert
Rep. David G. ReichertR-WA-8 · May 4, 2006

Madam Chairman, I thank the chairman for yielding. Madam Chairman, as a member of the Homeland Security Committee and cosponsor of H.R. 4954, the SAFE Port Act, I am pleased to rise in support of…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · May 4, 2006

Mr. Chairman, I rise in very tepid support of this bill. It is a very nice bill. It has some nice provisions. None of it matters very much if we do not at least electronically scan every container…

Jeff Flake
Rep. Jeff FlakeR-AZ-6 · May 4, 2006

Madam Chairman, I offer an amendment. Madam Chairman, I yield myself such time as I may consume. Madam Chairman, in 2005, the Ports of New York and New Jersey received $6.7 million for port security.…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · May 4, 2006

Mr. Chairman, I yield myself 3 minutes. Mr. Chairman, I concur in the remarks of the distinguished chairman of the full committee of Transportation and Infrastructure, the gentleman from Alaska. He…

Jane Harman
Rep. Jane HarmanD-CA-36 · May 4, 2006

Madam Chairman, I thank the gentleman for yielding. I want to praise him for his enormous leadership on this issue and praise Ms. Sanchez, the ranking member on the subcommittee, for her…

Rush Holt
Rep. Rush HoltD-NJ-12 · May 4, 2006

Mr. Chairman, I rise today in support of Security and Accountability for Every Port (SAFE Port) Act, H.R. 4954. In the wake of the Dubai Ports World controversy, it is long past time to seriously…

Show 11 more
Edward J. Markey
Rep. Edward J. MarkeyD-MA-7 · May 4, 2006

Mr. Chairman, I thank the gentleman. This bill has a fatal flaw. It relies upon paperwork checks. If you went to the airport with your bags, showed up, showed the person your ticket and your ID, and…

Frank A. LoBiondo
Rep. Frank A. LoBiondoR-NJ-2 · May 4, 2006

Mr. Chairman, how much time do we have left on our side? Mr. Chairman, I rise in strong support of this legislation. I want to thank Mr. King, Mr. Lungren, Mr. Oberstar, Mr. Thompson, all of those…

Maxine Waters
Rep. Maxine WatersD-CA-35 · May 4, 2006

Mr. Chairman, I rise in strong support of H.R. 4954, SAFE Ports Act. Port Security has been on everyone's lips for the past two months with the proposed sale of the six major U.S. ports to the Dubai…

Adam Smith
Rep. Adam SmithD-WA-9 · May 4, 2006

Mr. Chairman, I rise today in support of H.R. 4954, the SAFE Port Act. I am proud to be an original cosponsor of this comprehensive, bipartisan legislation which will address one of the most…

Darlene Hooley
Rep. Darlene HooleyD-OR-5 · May 4, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. I thank the chairman of the committee and the ranking member. Container Security Devices, or CSDs,…

Anthony D. Weiner
Rep. Anthony D. WeinerD-NY-9 · May 4, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I won't take the full balance of my time. Mr. Chairman, we create in this bill a port grant program which provides allocation to go to States and…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-8 · May 4, 2006

Madam Chairman, I thank the gentleman for yielding me this time. I rise in support of the SAFE Port Act, and I applaud Mr. Daniel E. Lungren of California, Ms. Harman, Ms. Loretta Sanchez for their…

John Linder
Rep. John LinderR-GA-7 · May 4, 2006

Madam Chairman, I thank the gentleman for yielding. I thank the subcommittee chairman for bringing this to the floor with Ms. Harman. I rise in support of H.R. 4954. While this legislation contains…

Juanita Millender-McDonald
Rep. Juanita Millender-McDonaldD-CA-37 · May 4, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I ask unanimous consent to modify my amendment. Mr. Chairman, at this time let me thank Chairman Lungren, the subcommittee Chair, as well as the full…

Solomon P. Ortiz
Rep. Solomon P. OrtizD-TX-27 · May 4, 2006

Mr. Chairman, as a member of the House Armed Services Committee and a representative of a coastal district in South Texas, I rise in support of the SAFE Port Act. I also want to make a particular…

Christopher Shays
Rep. Christopher ShaysR-CT-4 · May 4, 2006

Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. The amendment I have introduced would require the Department of Homeland Security to conduct a pilot…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in HouseIssued March 28, 2006

I

109th CONGRESS

2d Session

H. R. 5029

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.

1.

Short title

This Act may be cited as the Prevention of Nuclear Terrorism Act of 2006.

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:

XIX

Office of Domestic Nuclear Detection

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

.