124 STAT. 31 PUBLIC LAW 111–140—FEB. 16, 2010 Public Law 111–140 111th Congress An Act 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. 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 inter- cepted 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 con- straints 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 acquisi- tion of samples is of the utmost importance. Over the past several decades, the ability of the United States to gather 6 USC 592 note. 6 USC 101 note. Nuclear Forensics and Attribution Act. Feb. 16, 2010 [H.R. 730]
