[Congressional Record: March 24, 2009 (House)]
[Page H3765-H3769]
NUCLEAR FORENSICS AND ATTRIBUTION ACT
Mr. CARNEY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 730) 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 Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 730
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 ``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 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 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 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 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
[[Page H3766]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Carney) and the gentleman from California (Mr. Daniel
E. Lungren) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. CARNEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. CARNEY. Mr. Speaker, I submit for the Record an exchange of
letters between the chairman of the Committee on Homeland Security and
the distinguished chairs of the Committees on Foreign Affairs and
Science and Technology.
Committee on Foreign Affairs,
House of Representatives,
Washington, DC, March 20, 2009.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, Ford House Office
Building, Washington, DC.
Dear Mr. Chairman: I am writing to you regarding H.R. 730,
the Nuclear Forensics and Attribution Act, introduced on
January 27, 2009, by Congressman Adam B. Schiff. This
legislation was initially referred to the Committee on
Homeland Security and, in addition, to the Committee on
Foreign Affairs.
In the interest of permitting your Committee to proceed
expeditiously to floor consideration of this important
legislation, I am willing to waive further consideration of
H.R. 730. I do so with the understanding that by waiving
consideration of the bill, the Committee on Foreign Affairs
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
rule X jurisdiction.
Further, I request your support for the appointment of
Foreign Affairs Committee conferees during any House-Senate
conference convened on this legislation. I also ask that a
copy of this letter and your response be placed in the
committee report for H.R. 730 and in the Congressional Record
during consideration of this bill.
I look forward to working with you as we move this
important measure through the legislative process.
Sincerely,
Howard L. Berman,
Chairman.
____
House of Representatives, Committee on Science and
Technology,
Washington, DC, March 19, 2009.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, Ford House Office
Building, Washington, DC.
Dear Mr. Chairman, I am writing to you concerning the
jurisdictional interest of the Committee on Science and
Technology in H.R. 730, the Nuclear Forensics and Attribution
Act. H.R. 730 was introduced by Congressman Adam Schiff on
February 5, 2009.
H.R. 730 implicates the Committee on Science and
Technology's jurisdiction over Homeland Security research and
development under Rule X(1)(o)(14) of the House Rules, The
Committee on Science and Technology acknowledges the
importance of H.R. 730 and the need for the legislation to
move expeditiously. Therefore, while we have a valid claim to
jurisdiction over this bill, I agree not to request a
sequential referral. This, of course, is conditional on our
mutual understanding that nothing in this legislation or my
decision to forgo a sequential referral waives, reduces, or
otherwise affects the jurisdiction of the Committee on
Science and Technology, and that a copy of this letter and of
your response will be included in the Congressional Record
when the bill is considered on the House Floor.
The Committee on Science and Technology also expects that
you will support our request to be conferees during any
House-Senate conference on H.R. 730 or similar legislation.
Thank you for your attention to this matter.
Sincerely,
Bart Gordon,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, March 20, 2009.
Hon. Howard L. Berman,
Chairman, Committee on Foreign Affairs, House of
Representatives, Rayburn House Office Building,
Washington, DC.
Dear Chairman Berman: Thank you for your letter regarding
H.R. 730, the ``Nuclear Forensics and Attribution Act,''
introduced by Congressman Adam B. Schiff on January 27, 2009.
I appreciate your willingness to work cooperatively on this
legislation. I acknowledge that H.R. 730 contains provisions
that fall under the jurisdictional of the Committee on
Foreign Affairs. I appreciate your agreement to forgo any
further consideration or action on this legislation, and
acknowledge that your decision to do so does not affect the
jurisdiction of the Committee on Foreign Affairs.
Further, I recognize that your Committee reserves the right
to seek appointment of conferees on the bill for the portions
of the bill that are within the jurisdiction of the Committee
on Foreign Affairs, and I agree to support such a request.
I will ensure that this exchange of letters is included in
the Congressional Record during floor consideration of H.R.
730. I look forward to working with you on this legislation
and other matters of great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, March 20, 2009.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, Rayburn House
Office Bldg., House of Representatives, Washington, DC.
Dear Chairman Gordon: Thank you for your letter regarding
H.R. 730, the ``Nuclear Forensics and Attribution Act,''
introduced by Congressman Adam B. Schiff on January 27, 2009.
I appreciate your willingness to work cooperatively on this
legislation. I acknowledge that H.R. 730 contains provisions
that fall under the jurisdictional interest of the Committee
on Science and Technology. I appreciate your agreement to not
seek a sequential referral of this legislation and I
acknowledge that your decision to forgo a sequential referral
does not waive, alter, or otherwise affect the jurisdiction
of the Committee on Science and Technology.
Further, I recognize that your Committee reserves the right
to seek appointment of conferees on the bill for the portions
of the bill over which your Committee has a jurisdictional
interest and I agree to support such a request.
I will ensure that this exchange of letters is included in
the Congressional Record during floor consideration of H.R.
730. I look forward to working with you on this legislation
and other matters of great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.
Mr. Speaker, I rise in strong support of H.R. 730, a bill introduced
by my thoughtful colleague from California, Representative Adam Schiff,
to address an emerging homeland security threat. The Nuclear Forensics
and Attribution Act is properly targeted to ensure that our government
has the capacity to quickly determine the source of nuclear material
should terrorists detonate a nuclear weapon or a dirty bomb in our
country.
A reliable nuclear forensics capability is essential for key
decision-makers to respond in a timely and effective manner. If
terrorists knew that we could trace a nuclear or dirty bomb back to
them, they may well think twice about attacking us. The potential
deterrent value of achieving a robust national nuclear forensics
capability is immeasurable.
H.R. 730 has a multifaceted approach to obtaining this critical
capability. First, it expresses the sense of Congress that the
President should pursue international agreements and develop protocols
to help identify the source of detonated nuclear materials.
Second, it tasks the Department of Homeland Security with the mission
of developing methods to attribute nuclear or radiological material,
both within the Domestic Nuclear Detection Office, DNDO, and in
partnership with other Federal agencies.
Third, H.R. 730 recognizes that the development of an expertly
trained
[[Page H3767]]
workforce and education programs in nuclear forensics are critical to
attaining a robust domestic attribution capability.
Fourth, the measure authorizes the National Technical Nuclear
Forensics Center to undertake centralized planning, assessment and
integration of all federal nuclear forensic activities.
The bill authorizes appropriations of $30 million per year for the
next 3 fiscal years for this effort.
Identical legislation passed the House on June 18, 2008.
Unfortunately, the Senate did not take up the measure in a timely
fashion. In this Congress, I am pleased that we are offering this
legislation early in the first session. With a strong bipartisan vote
today, we can send this measure on a swift path to the President's
desk.
I urge my colleagues to support the bill.
I reserve the balance of my time.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, as the ranking member of the Homeland Security
Subcommittee on Emerging Threats, Cybersecurity, and Science and
Technology, I am pleased to see this important bipartisan legislation
once again come up for a vote.
In the last Congress, we spent a great deal of time discussing the
efforts of the Department of Homeland Security's Domestic Nuclear
Detection Office, or DNDO, to deploy radiation portal monitors at our
Nation's ports of entry. These monitors, staffed by Customs and Border
Protection officers, are the Nation's primary defense against illicit
trafficking of nuclear and radiological material. DNDO continues to
improve these technologies, and I hope that we will be supportive of
their efforts.
Yet terrorists could overcome even the best detection systems. As we
know, no technology is 100 percent sensitive. Border areas between
official ports of entry also remain vulnerable. For this reason,
defense against terrorism requires a multilayered approach, as it does
in so many other areas. This bill is a strategy to add another layer.
It will fortify our national capabilities in technical nuclear
forensics, a science that plays a key role in the attribution of
nuclear material to its source. It enumerates a variety of
responsibilities for the department to advance and sustain a technical
nuclear forensics capability, and it authorizes the National Technical
Nuclear Forensic Center to undertake this mission.
A key component is language designed to strengthen the pipeline of
talented new scientists into this field. In recent years, as we know,
the number of young people entering science has declined throughout
this Nation. Nuclear fields in particular are suffering, especially
harmful to nuclear forensics. This bill therefore instructs the
Department to establish a National Nuclear Forensics Expertise
Development Program devoted to developing and maintaining a vibrant and
enduring pipeline of scientific professionals. The program will grant
scholarships and fellowships from the undergraduate through
postgraduate and doctorate level in nuclear and geochemical science
specialties directly relevant to technical nuclear forensics.
Yet, Mr. Speaker, we must remember that forensics is only one
component of attribution. Success also requires credible intelligence
and law enforcement-style investigation. All of these components
together comprise a credible attribution program that will serve as a
deterrent against nuclear terrorism.
The detonation of a nuclear device in a populated region of this
country would be catastrophic in the truest sense of the word. It is
indeed my greatest fear. We must have a layered system of defenses to
deter, detect, disrupt and recover from terrorist attacks. This
legislation will reinvigorate the scientific workforce and improve our
defenses against nuclear and radiological terrorism.
I urge my colleagues to support this bill and improve our much-needed
U.S. nuclear forensic capability.
I reserve the balance of my time.
Mr. CARNEY. Mr. Speaker, I yield 3 minutes to the gentleman from
California, the author of the bill, Mr. Schiff.
Mr. SCHIFF. Mr. Speaker, I would like to thank and congratulate my
colleagues on the Homeland Security Committee and Chairman Thompson,
and my colleague from California, Mr. Lungren. I appreciate all their
support. The committee has taken an important step forward in
preventing nuclear terrorism by persevering with this legislation. I
appreciate all the hard work that has gone into it.
Countries around the world now have access to technology that was
once the realm of the few, and dangerous nuclear materials are
sprinkled around the world. It seems that each week brings evidence of
the connection between North Korea and a serious nascent nuclear
program, and we are still unraveling the details of the nuclear
smuggling ring headed by A.Q. Khan 5 years after it was uncovered.
This is not a new problem. Illicit nuclear material has been
intercepted in transit out of the former Soviet Union many times since
the end of the Cold War, and the material we catch is surely just a
small fraction of the total amount trafficked.
{time} 1300
Last week, Graham Allison wrote in Newsweek that ``the only thing
that can keep nuclear bombs out of the hands of terrorists is a brand
new science of nuclear forensics.'' During the Cold War, we forestalled
a Soviet nuclear attack with the threat of retaliation. But the
decentralized flexible terror networks that we face today are not as
easily deterred. A terrorist attack will also not leave a missile
contrail pointed back toward those responsible.
As Allison writes: ``The key to a new deterrent is coming up with
some way of tracing the nuclear material backward from an explosion in
New York City, for example, to the reactor that forged the fissile
material, even to the mines that yielded the original uranium ore.''
The Nuclear Forensics and Attribution Act is designed to do just that.
The act is aimed at decisionmakers in North Korea, Pakistan, Iran and
elsewhere who could sell nuclear material, as well as the smugglers and
corrupt officials around the world who could steal it. Those parts of
the nuclear network can be deterred by the knowledge that if their
material is found, the U.S. will find out and hold them responsible.
The first part of this bill expands our ability to determine the
source of nuclear material by authorizing the National Technical
Nuclear Forensic Center in the Department of Homeland Security. This
center will coordinate the various agencies and ensure an efficient,
combined response when nuclear material is intercepted or, God forbid,
used in a weapon. It will also advance the science of nuclear
forensics, bringing in new radiochemists and physicists to rejuvenate a
rapidly aging workforce, and funding research on new methods to
identify materials.
But this bill also has another purpose. As with fingerprints or DNA,
the strength of nuclear forensics depends on the strength of our
database. Nuclear material can come from many nations, some friendly,
some unfriendly, and the individual recipes are closely guarded
secrets. However, little of the information needed for forensics is of
direct use to adversaries, so in many cases the risk of not sharing the
data is much greater than the risk of sharing it.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CARNEY. I yield the gentleman an additional 90 seconds.
Mr. SCHIFF. To build a nuclear forensics database, the bill asks the
President to negotiate agreements with other nations to share forensic
data on their nuclear materials, both civilian and military. This
effort is vital, and the National Technical Forensic Center must play a
key role in the negotiations to ensure that the data we obtain is the
data necessary for quick attribution and response.
Nuclear terrorism is a vague threat of devastating consequence and,
therefore, difficult to guard against. But as communications and
transportation revolutions bring us ever closer to our allies, they
bring us closer to our enemies as well. I believe this bill will help
make sure that our ability to prevent a nuclear attack keeps up with
our enemies' ability to prosecute one.
Again, I want to thank Chairman Thompson for his leadership and urge
all Members to support the bill.
[[Page H3768]]
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, at this time I
would be happy to grant 2 minutes to the gentleman from Texas (Mr.
McCaul).
Mr. McCAUL. Mr. Speaker, I rise today in support of H.R. 730, the
Nuclear Forensic and Attribution Act. This act deals with the process
of determining the source of confiscated nuclear material. It is a
necessary component of our defense as it could deter states from aiding
terrorists' efforts to carry out nuclear terrorism.
One need only look to the A.Q. Khan network and its proliferation to
Pakistan, Iran, North Korea, to know how important this bill and this
provision is.
In the last Congress we held hearings on this bill in the Emerging
Threats, Cybersecurity and Science and Technology Subcommittee, which I
was the ranking member. I would like to thank my good friend, Mr.
Schiff, for working in a bipartisan manner to incorporate some of our
suggestions, including a provision that I requested to provide
scholarships and fellowships for those pursuing careers in technical
nuclear forensics. As we all know, America needs to incentivize more
young people to go into highly technical professions such as these. The
workforce involved in nuclear forensics, in particular, has been
evaporating for the past 30 years. Without a qualified workforce, we
cannot attain the level of preparedness we need.
This bill will reinvigorate the workforce pipeline to guarantee the
Nation a resource of technical experts in this critical field, and
strengthen America's attribution capabilities. To ensure a worthwhile
return on public investment, the bill mandates a 2-year commitment of
service within the Federal technical nuclear forensics workforce after
graduation for fellows of the scholarship program.
Again, I would like to thank my colleague, Mr. Schiff, for
introducing this important legislation and I urge my colleagues to
support this bill.
Mr. CARNEY. Mr. Speaker, I continue to reserve.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, if I might inquire,
does the gentleman have any other speakers?
Mr. CARNEY. I do not believe we have any more speakers.
Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, this is an important piece of legislation. This deals
with one aspect of what I consider to be perhaps the greater threat we
have to our homeland and that is nuclear weapons, nuclear material that
could be made into weapons to be utilized against the United States and
its citizens.
We need to do more in the area of nuclear nonproliferation. We need
to do more in the area of negotiations with Russia, it seems to me, and
bringing down our overall stockpiles. We need to do more in terms of
invigorating or reinvigorating Nunn-Lugar. All of those are elements of
an approach that is necessary to us.
This bill takes on a slightly different aspect of that same threat
that is out there. It is necessary, it is important, and I hope we will
have the unanimous support of the membership for this.
I yield back the balance of my time.
Mr. CARNEY. Mr. Speaker, I yield 30 seconds to the gentleman from
California (Mr. Schiff).
Mr. SCHIFF. I thank the gentleman for yielding. I just wanted to
thank my colleague, Mr. McCaul, for his help when he was chairing the
subcommittee and the improvements that he made to the bill. I wanted to
acknowledge and appreciate all your efforts.
Mr. CARNEY. Mr. Speaker, I yield myself as much time as I might
consume.
Mr. Speaker, I urge passage of H.R. 730, the Nuclear Forensics and
Attribution Act. I would like to congratulate Congressman Schiff,
Emerging Threats Subcommittee Chairwoman Yvette Clarke, and her
predecessor, Jim Langevin, for the thoughtful approach they have taken
on this critical homeland security concern.
I would like to thank our members on the other side as well. This is
a bipartisan issue that certainly does not cross party lines. It
affects everyone. Given the catastrophic consequences of a nuclear
weapon, it is imperative that the U.S. have a state-of-the-art nuclear
forensics capability.
While a nuclear bomb is commonly referred to as a weapon of mass
destruction, a radiological dirty bomb is better described as a weapon
of mass disruption. A dirty bomb, if detonated, will likely kill few
people. The main damage it would cause would be economic because it
could render important commercial areas unusable due to radioactive
contamination. In either case, we must build and sustain a nuclear
forensics capability and workforce to address the nuclear and
radiological threats that we face today. That is why I urge a ``yes''
vote on H.R. 730.
Mr. THOMPSON of Mississippi. Mr. Speaker, H.R. 730, the ``Nuclear
Forensics and Attribution Act,'' was first introduced in the 110th
Congress by the gentleman from California, Mr. Schiff.
That measure, H.R. 2631, was marked up and adopted unanimously by the
Subcommittee on Emerging Threats, Cybersecurity, and Science and
Technology in October 2007.
It was unanimously approved by the Full Committee on Homeland
Security on May 20 of 2008 and the House of Representatives on June 18,
2008.
Though the measure was taken up, amended, and passed by the Senate in
late September, the stars didn't align and it didn't clear the last
hurdle to arrive on the President's desk.
This Congress, we are getting out of the gate early, in hopes of
ensuring that this critical homeland security legislation becomes law.
I would like to congratulate Congressman Schiff, my colleagues on the
Committee for recognizing the need to move quickly.
We know that our enemies, both terrorists and rogue nations, are
interested in developing and using nuclear or radiological weapons.
In the case of an attempted or, heaven forbid, a successful nuclear
or radiological attack, rapid attribution is critical.
Our government must have the capacity to quickly determine the source
of the nuclear material so that the key decision-makers have the
information needed to respond.
The deterrent effect of a robust nuclear forensics capability should
not be underestimated.
Certainly, if terrorists know that we have a nuclear forensics
capability that can pinpoint their role in creating a bomb, they are
bound to have second thoughts.
Unfortunately, today, the U.S. must rely on forensic expertise and
technology developed during the Cold War to address both nuclear
weapons and the emerging threat of a radiological ``dirty'' bomb.
The nuclear weapons workforce is aging just as its mission has
shifted from traditional deterrence policy to the more complicated
challenge of containing the terrorist threat.
Our Nation's capabilities in the scientific fields of radio-chemistry
and geo-chemistry must be fostered to meet this new threat.
That is the purpose of this bill.
H.R. 730 expresses the sense of Congress that the President should
pursue international agreements and develop protocols to share
sensitive information needed to identify the source of a nuclear
detonation.
I am heartened that the Obama Administration has indicated its
willingness to engage in and re-energize such activities.
It also tasks the Secretary of Homeland Security with the mission of
developing methods to attribute nuclear or radiological material--both
within the Department's Domestic Nuclear Detection Office, DNDO, and in
partnership with other Federal agencies.
The legislation emphasizes that the development of a robust nuclear
forensics capability depends chiefly on an expertly trained workforce
in this area and provides support for education programs relevant to
nuclear forensics.
H.R. 730 also--authorizes the National Technical Nuclear Forensics
Center, NTNFC, to enhance centralized planning and integration of
Federal nuclear forensics activities; requires the Secretary to report
annually to Congress on the Federal Government's efforts to enhance its
nuclear forensics capabilities, including the status of workforce
development programs; and authorizes $30 million per year for the next
three fiscal years for this effort.
H.R. 730 continues the Homeland Security Committee's practice of
authorizing programs and offices within DHS that are of value to the
agency's mission in order to assure that the work can continue and
progress can be achieved in the years to come.
I urge my colleagues to support the bill.
Mr. CARNEY. I yield back my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Carney) that the House suspend the
rules and pass the bill, H.R. 730.
[[Page H3769]]
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CARNEY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________
[Congressional Record: March 24, 2009 (House)]
[Page H3772-H3773]
NUCLEAR FORENSICS AND ATTRIBUTION ACT
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill, H.R. 730, on which the
yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Carney) that the House suspend the
rules and pass the bill, H.R. 730.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 402,
nays 16, not voting 13, as follows:
[Roll No. 148]
YEAS--402
Abercrombie
Ackerman
Aderholt
Adler (NJ)
Alexander
Altmire
Andrews
Arcuri
Austria
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (PA)
Brady (TX)
Bright
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coffman (CO)
Cohen
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emerson
Eshoo
Etheridge
Fallin
Farr
Fattah
Filner
Fleming
Forbes
Fortenberry
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves
Grayson
Green, Al
Green, Gene
Griffith
Grijalva
Guthrie
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Hastings (FL)
Hastings (WA)
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hoyer
Hunter
Inglis
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones
Jordan (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
King (IA)
King (NY)
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee (CA)
Lee (NY)
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Luetkemeyer
Lujan
Lungren, Daniel E.
Lynch
Mack
Maffei
Maloney
Marchant
Markey (CO)
Markey (MA)
Marshall
Massa
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Myrick
Nadler (NY)
Napolitano
Neal (MA)
Neugebauer
Nunes
Nye
Oberstar
Obey
Olson
Olver
Ortiz
Pallone
Pastor (AZ)
Paulsen
Payne
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Pitts
Platts
Polis (CO)
Posey
Price (GA)
Price (NC)
Putnam
Rahall
Rangel
Rehberg
Reichert
Reyes
Richardson
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shadegg
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (TX)
Smith (WA)
Snyder
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tanner
Tauscher
Teague
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiahrt
Tiberi
Tierney
Titus
Tonko
Towns
Tsongas
Turner
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wexler
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--16
Akin
Broun (GA)
Burgess
Coble
Deal (GA)
Duncan
Flake
Gingrey (GA)
Gohmert
Kingston
Linder
Lummis
Manzullo
Paul
Poe (TX)
Sensenbrenner
NOT VOTING--13
Braley (IA)
Costello
Engel
Hill
McCotter
Miller, Gary
Pascrell
Pomeroy
Radanovich
Sessions
Smith (NJ)
Taylor
Westmoreland
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
[[Page H3773]]
{time} 1402
Mr. GINGREY of Georgia changed his vote from ``yea'' to ``nay.''
Mr. ROYCE changed his vote from ``nay'' to ``yea.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
