ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION OFFICE.

SEC. 501. 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:“TITLE XVIII—DOMESTIC NUCLEAR DETECTION OFFICE“SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.“(a) Establishment.—There shall be established in the Department a Domestic Nuclear Detection Office (referred to in this title as the ‘Office’). The Secretary may request that the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Attorney General, the Nuclear Regulatory Commission, and the directors of other Federal agencies, including elements of the Intelligence Community, provide for the reimbursable detail of personnel with relevant expertise to the Office.“(b) Director.—The Office shall be headed by a Director for Domestic Nuclear Detection, who shall be appointed by the President. “SEC. 1802. 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) serve as the primary entity of the United States Government to further develop, acquire, and support the deployment of an enhanced domestic system to detect and report on attempts to import, possess, store, transport, develop, or use an unauthorized nuclear explosive device, fissile material, or radiological material in the United States, and improve that system over time;120 STAT. 1933“(2) enhance and coordinate the nuclear detection efforts of Federal, State, local, and tribal governments and the private sector to ensure a managed, coordinated response;“(3) establish, with the approval of the Secretary and in coordination with the Attorney General, the Secretary of Defense, and the Secretary of Energy, additional protocols and procedures for use within the United States to ensure that the detection of unauthorized nuclear explosive devices, fissile material, or radiological material is promptly reported to the Attorney General, the Secretary, the Secretary of Defense, the Secretary of Energy, and other appropriate officials or their respective designees for appropriate action by law enforcement, military, emergency response, or other authorities;“(4) develop, with the approval of the Secretary and in coordination with the Attorney General, the Secretary of State, the Secretary of Defense, and the Secretary of Energy, an enhanced global nuclear detection architecture with implementation under which—“(A) the Office will be responsible for the implementation of the domestic portion of the global architecture;“(B) the Secretary of Defense will retain responsibility for implementation of Department of Defense requirements within and outside the United States; and“(C) the Secretary of State, the Secretary of Defense, and the Secretary of Energy will maintain their respective responsibilities for policy guidance and implementation of the portion of the global architecture outside the United States, which will be implemented consistent with applicable law and relevant international arrangements;“(5) ensure that the expertise necessary to accurately interpret detection data is made available in a timely manner for all technology deployed by the Office to implement the global nuclear detection architecture;“(6) conduct, support, coordinate, and encourage an aggressive, expedited, evolutionary, and transformational program of research and development to generate and improve technologies to detect and prevent the illicit entry, transport, assembly, or potential use within the United States of a nuclear explosive device or fissile or radiological material, and coordinate with the Under Secretary for Science and Technology on basic and advanced or transformational research and development efforts relevant to the mission of both organizations;“(7) carry out a program to test and evaluate technology for detecting a nuclear explosive device and fissile or radiological material, in coordination with the Secretary of Defense and the Secretary of Energy, as appropriate, and establish performance metrics for evaluating the effectiveness of individual detectors and detection systems in detecting such devices or material—“(A) under realistic operational and environmental conditions; and“(B) against realistic adversary tactics and countermeasures;“(8) support and enhance the effective sharing and use of appropriate information generated by the intelligence community, law enforcement agencies, counterterrorism 120 STAT. 1934 community, other government agencies, and foreign governments, as well as provide appropriate information to such entities;“(9) further enhance and maintain continuous awareness by analyzing information from all Office mission-related detection systems; and“(10) perform other duties as assigned by the Secretary. “SEC. 1803. HIRING AUTHORITY. “In hiring personnel for the Office, the Secretary shall have the hiring and management authorities provided in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments for employees under subsection (c)(1) of such section may not exceed 5 years before granting any extension under subsection (c)(2) of such section. “SEC. 1804. TESTING AUTHORITY.“(a) In General.—The Director shall coordinate with the responsible Federal agency or other entity to facilitate the use by the Office, by its contractors, or by other persons or entities, of existing Government laboratories, centers, ranges, or other testing facilities for the testing of materials, equipment, models, computer software, and other items as may be related to the missions identified in section 1802. Any such use of Government facilities shall be carried out in accordance with all applicable laws, regulations, and contractual provisions, including those governing security, safety, and environmental protection, including, when applicable, the provisions of section 309. The Office may direct that private sector entities utilizing Government facilities in accordance with this section pay an appropriate fee to the agency that owns or operates those facilities to defray additional costs to the Government resulting from such use.“(b) Confidentiality of Test Results.—The results of tests performed with services made available shall be confidential and shall not be disclosed outside the Federal Government without the consent of the persons for whom the tests are performed.“(c) Fees.—Fees for services made available under this section shall not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the United States to provide for the testing.“(d) Use of Fees.—Fees received for services made available under this section may be credited to the appropriation from which funds were expended to provide such services. “SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND FEDERAL AGENCIES. “The authority of the Director under this title shall not affect the authorities or responsibilities of any officer of the Department or of any officer of any other department or agency of the United States with respect to the command, control, or direction of the functions, personnel, funds, assets, and liabilities of any entity within the Department or any Federal department or agency.120 STAT. 1935 “SEC. 1806. CONTRACTING AND GRANT MAKING AUTHORITIES. “The Secretary, acting through the Director for Domestic Nuclear Detection, in carrying out the responsibilities under paragraphs (6) and (7) of section 1802(a), shall—“(1) operate extramural and intramural programs and distribute funds through grants, cooperative agreements, and other transactions and contracts;“(2) ensure that activities under paragraphs (6) and (7) of section 1802(a) include investigations of radiation detection equipment in configurations suitable for deployment at seaports, which may include underwater or water surface detection equipment and detection equipment that can be mounted on cranes and straddle cars used to move shipping containers; and“(3) have the authority to establish or contract with 1 or more federally funded research and development centers to provide independent analysis of homeland security issues and carry out other responsibilities under this title.” .(b) Technical and Conforming Amendments.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—(1) in section 103(d) (6 U.S.C. 113(d)), by adding at the end the following:“(5) A Director for Domestic Nuclear Detection.”;(2) in section 302 (6 U.S.C. 182)—(A) in paragraph (2), by striking “radiological, nuclear”; and(B) in paragraph (5)(A), by striking “radiological, nuclear”; and(3) in the table of contents, by adding at the end the following: “TITLE XVIII— DOMESTIC NUCLEAR DETECTION OFFICE “Sec. 1801. Domestic Nuclear Detection Office. “Sec. 1802. Mission of Office. “Sec. 1803. Hiring authority. “Sec. 1804. Testing authority. “Sec. 1805. Relationship to other Department entities and Federal agencies. “Sec. 1806. Contracting and grant making authorities.”.