69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–764 

NEXT GENERATION RADIATION SCREENING ACT OF 2008 

JULY 22, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. THOMPSON of Mississippi, from the Committee on Homeland 

Security, submitted the following 

R E P O R T 

[To accompany H.R. 5531] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Homeland Security, to whom was referred the 

bill (H.R. 5531) to amend the Homeland Security Act of 2002 to 

clarify criteria for certification relating to advanced spectroscopic 

portal monitors, and for other purposes, having considered the 

same, report favorably thereon with amendments and recommend 

that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 4 

Committee Oversight Findings ............................................................................... 4 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 5 

Congressional Budget Office Estimate ................................................................... 5 

Statement of General Performance Goals and Objectives .................................... 6 

Congressional Earmarks, Limited Tax Benefits, and Limited Tariff Benefits ... 6 

Federal Mandates Statement ................................................................................. 6 

Advisory Committee Statement .............................................................................. 7 

Constitutional Authority Statement ...................................................................... 7 

Applicability to Legislative Branch ........................................................................ 7 

Section-by-Section Analysis of the Legislation ...................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 8 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Next Generation Radiation Screening Act of 2008’’. 


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SEC. 2. MEMORANDUM OF UNDERSTANDING REGARDING ADVANCED SPECTROSCOPIC PORTAL MONITORS. 

(a) IN GENERAL.—Title XIX of the Homeland Security Act of 2002 is amended by 

adding at the end the following new sections: 

‘‘SEC. 1908. ADVANCED SPECTROSCOPIC PORTAL MONITORS. 

‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) The consequences of radiological or nuclear terrorism would be catastrophic. ‘‘(2) A system such as the Advanced Spectoscopic Portal (ASP) is intended to 

improve the process of screening passengers and cargo to prevent the illicit 

transport of radiological and nuclear material. ‘‘(3) A system such as the ASP can always be improved, even after it is deployed. ‘‘(4) There is no upper limit to the functionality that can be incorporated into 

an engineering project of this magnitude. ‘‘(5) Delaying deployment of the ASP to increase functionality beyond what is 

minimally required for deployment may limit the ability of the United States 

to screen passengers and cargo for radiological and nuclear material. ‘‘(6) There are operational differences between primary and secondary screening procedures. Consideration should be given to the implication these differences have on the minimum functionality for systems deployed for use in primary and secondary screening procedures. ‘‘(b) AGREEMENT ON FUNCTIONALITY OF ADVANCED SPECTROSCOPIC PORTAL MON- ITORS.—The Director of the Domestic Nuclear Detection Office and the Commissioner of Customs and Border Protection shall enter into an agreement regarding 

the minimum required functionality for the deployment of ASP by United States 

Customs and Border Protection (CBP). ‘‘(c) REPORT TO CONGRESS.—Not later than 60 days after the date of the enactment of this section, the Secretary shall provide Congress with the signed memorandum of understanding between the Office and CBP. 

‘‘SEC. 1909. CRITERIA FOR CERTIFICATION. 

‘‘(a) FINDINGS.—Congress finds the following: 

‘‘(1) In developing criteria for Advanced Spectroscopic Portal (ASP) performance, special consideration should be given to the unique challenges associated 

with detecting the presence of illicit radiological or nuclear material that may 

be masked by the presence of radiation from naturally occurring radioactive material or legitimate radioactive sources such as those associated with medical or 

industrial use of radiation. 

‘‘(2) Title IV of division E of the Consolidated Appropriations Act, 2008 (Public 

Law 110–161) requires the Secretary to submit to Congress a report certifying 

that ‘a significant increase in operational effectiveness will be achieved’ with the 

ASP before ‘funds appropriated under this heading shall be obligated for fullscale procurement of Advanced Spectroscopic Portal Monitors’, and requires 

that ‘the Secretary shall submit separate and distinct certifications prior to the 

procurement of Advanced Spectroscopic Portal Monitors for primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment.’. 

‘‘(b) SPECIFICATION OF SIGNIFICANT INCREASE IN OPERATIONAL EFFECTIVENESS.—

‘‘(1) IN GENERAL.—The Secretary shall, in accordance with the requirements 

of title IV of division E of the Consolidated Appropriations Act, 2008, and in 

consultation with the National Academies, develop quantitative metrics that 

demonstrate any significant increased operational effectiveness (or lack thereof) 

of deploying the ASP in Primary and Secondary Screening sites, as determined 

by United States Customs and Border Protection (CBP). 

‘‘(2) METRICS.—The metrics referred to in paragraph (1) shall include the following: 

‘‘(A) A quantitative definition of ‘significant increase in operational effectiveness’. 

‘‘(B) All relevant threat materials. 

‘‘(C) All relevant masking scenarios. 

‘‘(D) Cost benefit analysis in accordance with the Federal Accounting 

Standards Advisory Board Generally Accepted Accounting Principles. 

‘‘(E) Any other measure the Director and the Commissioner determine appropriate. 

‘‘(c) CONSIDERATION OF EXTERNAL REVIEWS IN THE DECISION TO CERTIFY.—In determining whether or not to certify that the ASP shows a significant increase in 

operational effectiveness, the Secretary may consider the following: 

‘‘(1) Relevant reports on the ASP from the Government Accountability Office. 


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‘‘(2) An assessment of the ASP by the Independent Review Team led by the 

Homeland Security Institute. ‘‘(3) An assessment of the ASP in consultation with the National Academies. 

‘‘(4) Any other information the Secretary determines relevant. 

‘‘SEC. 1910. AUTHORIZATION OF SECURING THE CITIES INITIATIVE. 

‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) The Securing the Cities Initiative of the Department uses next generation 

radiation detection technology to detect the transport of nuclear and radiological 

material in urban areas by terrorists or other unauthorized individuals. ‘‘(2) The technology used by partners in the Securing the Cities Initiative 

leverages Advanced Spectroscopic Portal (ASP) technology used at ports of 

entry. 

‘‘(3) The Securing the Cities Initiative has fostered unprecedented collaboration and coordination among its Federal, State, and local partners. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to the Director of the Domestic Nuclear Detection Office of the Department 

$40,000,000 for fiscal year 2009 and such sums as may be necessary for each subsequent fiscal year for the Securing the Cities Initiative.’’. 

(b) CONFORMING AMENDMENT.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 

1907 the following new items: 

‘‘Sec. 1908. Advanced spectroscopic portal monitors. 

‘‘Sec. 1909. Criteria for certification. 

‘‘Sec. 1910. Authorization of Securing the Cities Initiative.’’. 

Amend the title so as to read: 

A bill to amend the Homeland Security Act of 2002 to clarify criteria for certification relating to Advanced Spectroscopic Portal monitors, and for other purposes. 

PURPOSE AND SUMMARY

The purpose of H.R. 5531 is to amend the Homeland Security Act 

of 2002 to clarify criteria for certification relating to advanced 

spectroscopic portal monitors, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The detonation of an improvised nuclear device or a radiological 

dispersal device would have catastrophic consequences due to loss 

of life, destruction of property, or area deniability. As part of an 

overall strategy to prevent nuclear terrorism, the Committee recognizes that preventing illicit nuclear or radiological material from 

entering the country must be a top priority. 

Since 2003, the Department of Homeland Security has deployed 

radiation detectors at our Nation’s ports of entry. The Department 

has also engaged in an aggressive research and development program to test, evaluate, and deploy the next generation of radiation 

detection technology to detect and identify radioactive material. 

This technology, known as the Advanced Spectroscopic Portal 

(ASP), has the potential to provide improved detection capabilities 

while reducing the number of nuisance alarms caused by the legitimate transport of non-threat-related radioactive material. 

HEARINGS

No hearings were held on H.R. 5531, however, the Committee 

held oversight hearings on Advanced Spectroscopic Portal technology listed below. 

On March 14, 2007, the Subcommittee on Emerging Threats, 

Cybersecurity, and Science and Technology held a hearing entitled 

‘‘Countering the Nuclear Threat to the Homeland: Evaluating the 

Procurement of Radiation Detection Technologies.’’ The SubVerDate Aug 31 2005 05:56 Jul 23, 2008 Jkt 069006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR764.XXX HR764

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committee received testimony from Dr. Vayl Oxford, Director, Domestic Nuclear Detection Office, Department of Homeland Security, 

and Mr. Gene Aloise, Director, Natural Resources and Environment, U.S. Government Accountability Office. 

On March 21, 2007, the Subcommittee on Emerging Threats, 

Cybersecurity, and Science and Technology held a hearing entitled 

‘‘Countering the Nuclear Threat to the Homeland: Evaluating the 

Deployment of Radiation Detection Technologies.’’ The Subcommittee received testimony from Mr. Vayl Oxford, Director, Domestic Nuclear Detection Office, Department of Homeland Security, 

and Mr. Jayson Ahern, Assistant Commissioner, Office of Field Operations, Customs and Border Protection, Department of Homeland 

Security. 

On March 5, 2008, the Subcommittee on Emerging Threats, 

Cybersecurity and Science and Technology held a hearing entitled 

‘‘Nuclear Smuggling Detection: Recent Tests of Advanced 

Spectroscopic Portal Monitors.’’ The Subcommittee received testimony from Mr. Vayl Oxford, Director, Domestic Nuclear Detection 

Office, Department of Homeland Security; Ms. Elaine C. Duke, 

Deputy Under Secretary for Management, Department of Homeland Security; and Mr. George E. Thompson, Deputy Director, Programs, Homeland Security Institute. 

COMMITTEE CONSIDERATION

H.R. 5531 was introduced in the House on March 5, 2008, by Mr. 

King of New York and Mr. McCaul of Texas and referred solely to 

the Committee on Homeland Security. Within the Committee H.R. 

5531 was referred to the Subcommittee on Emerging Threats, 

Cybersecurity, Science and Technology. 

On June 26, 2008, the Chairman discharged the Subcommittee 

on Emerging Threats, Cybersecurity, Science and Technology from 

further consideration of H.R. 5531. The Committee then proceeded 

to the consideration of H.R. 5531 and ordered the measure to be 

reported to the House favorably, as amended, by voice vote. 

The following amendment was offered: 

An amendment offered by Mr. King (#1); was AGREED 

TO by unanimous consent. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report legislation and amendments thereto. 

No recorded votes were requested on H.R. 5531 during Committee consideration. 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has held oversight hearings and 

made findings that are reflected in this report. 


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NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 5531, the 

Next Generation Radiation Screening Act of 2008, would result in 

no new or increased budget authority, entitlement authority, or tax 

expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

JULY 8, 2008. 

Hon. BENNIE G. THOMPSON, Chairman, Committee on Homeland Security, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5531, the Next Generation Radiation Screening Act of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

H.R. 5531—Next Generation Radiation Screening Act of 2008 

Summary: H.R. 5531 would authorize the appropriation of $40 

million for fiscal year 2009 and such sums as are necessary for 

each subsequent year for the Domestic Nuclear Detection Office in 

the Department of Homeland Security to fund the Securing the Cities Initiative, a program to detect illicit nuclear and radiological 

material in urban areas. CBO estimates that implementing the bill 

would cost about $180 million over the 2009–2013 period, subject 

to appropriation of the authorized amounts. Enacting H.R. 5531 

would not affect direct spending or revenues. 

H.R. 5531 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 5531 is shown in the following table. CBO assumes that the estimated authorization amounts will be appropriated near the start of each fiscal year and that outlays will follow the historical rate of spending for similar activities. We estimated the authorization levels for 2010 and subsequent years by 

adjusting the 2009 level for anticipated inflation. The costs of this 

legislation fall within budget function 750 (administration of justice). 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2009– 

2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ...................................................... 40 41 42 44 45 212 


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By fiscal year, in millions of dollars—

2009 2010 2011 2012 2013 2009–

2013 

Estimated Outlays ........................................................................ 20 33 42 43 44 182 

Intergovernmental and private-sector impact: H.R. 5531 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA. State, local, and tribal governments would benefit from 

funds authorized by this bill for the Securing the Cities Initiative. 

Estimate prepared by: Federal Costs: Mark Grabowicz; Impact 

on State, Local, and Tribal Governments: Burke Doherty; Impact 

on the Private Sector: Paige Piper/Bach. 

Estimate approved by: Peter H. Fontaine; Assistant Director for 

Budget Analysis. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, H.R. 5531 contains the following general performance goals, and objectives, including outcome related goals and 

objectives authorized. 

This bill will guide the Department of Homeland Security in its 

efforts to deploy next generation radiation detection technology at 

the Nation’s ports of entry by authorizing the Advanced 

Spectroscopic Portal (ASP) monitor program and the Security the 

Cities (STC) initiative—both programs currently being administered through the Department’s Domestic Nuclear Detection Office 

(DNDO). 

While the potential benefits of the ASP technology are still not 

fully realized, Congress intends to guide the Department’s efforts 

through this legislation by addressing three areas: communication 

between DNDO and Customs and Border Protection (CBP), requirements of ASP certification, and authorization of the Securing 

the Cities Initiative. Finally, this bill does not authorize the research and development of any particular technology. References to 

the Advanced Spectroscopic Portal (ASP) monitor are intended to 

guide the Department in establishing quantitative metrics for certification as required by the previously-passed Consolidated Appropriations Act of 2008 (Public Law 110–161). 

CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED

TARIFF BENEFITS

In compliance with rule XXI of the Rules of the House of Representatives, this bill, as reported, contains no congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9(d), 9(e), or 9(f) of the rule XXI. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 


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ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

1, which grants Congress the power to provide for the common Defense of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 designates the bill as the ‘‘Next Generation Radiation 

Screening Act of 2008.’’

Section 2. Memorandum of Understanding regarding Advanced 

Spectroscopic Portal Monitors 

Section 2 amends the Homeland Security Act of 2002 (Public 

Law 107–296) and establishes three new sections—sections 1908, 

1909, and 1910. 

Section 1908. Advanced Spectroscopic Portal Monitors 

This section directs the Director of the Domestic Nuclear Detection Office (DNDO) and the Commissioner of United States Customs and Border Protection (CBP) to enter into an agreement regarding the minimum standards of operational functionality in 

order to deploy Advanced Spectroscopic Portal (ASP) systems. This 

agreement must be signed and provided to the Congress within 60 

days of enactment of the bill. 

The Committee perceives that one of the main sources of delay 

of the ASP program is the lack of communication or 

miscommunication between the agency preparing the ASP, the 

DNDO, and the agency responsible for using the ASP in the field, 

CBP. The required memorandum of understanding will clarify the 

minimum level of technical capabilities the ASP must possess in 

order to be accepted and deployed by CBP. 

Section 1909. Criteria for certification 

This section clarifies current law requirements for ASP certification. It requires the Secretary to develop a quantitative definition 

of ‘‘significant increase in operational effectiveness’’ and consideration of all relevant threat materials, not only highly enriched uranium (HEU), but all relevant masking scenarios, including but not 

limited to, naturally occurring radioactive materials (e.g. kitty litter, ceramic tiles) and illicit, fissile material encapsulated in legitiVerDate Aug 31 2005 05:56 Jul 23, 2008 Jkt 069006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR764.XXX HR764

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mate products (e.g. those for industrial or medical use). The Committee understands that the DNDO currently consults with the Department of Energy (DOE) and the National Laboratories in developing such metrics, and the Committee directs DNDO to continue 

this practice. 

In determining whether or not to certify that the ASP shows a 

significant increase in operational effectiveness, the Secretary may 

consider relevant reports on the ASP from the Government Accountability Office, the Independent Review Team led by the 

Homeland Security Institute, the National Academies, or any other 

information the Secretary determines relevant. 

Title IV of division E of the Consolidated Appropriations Act, 

2008 (Public Law 110–161) requires the Secretary to submit to 

Congress a report certifying that ‘‘a significant increase in operational effectiveness will be achieved’’ with the ASP before ‘‘funds 

appropriated under this heading shall be obligated for full-scale 

procurement of Advanced Spectroscopic Portal Monitors’’ and requires that ‘‘the Secretary shall submit separate and distinct certifications prior to the procurement of Advanced Spectroscopic Portal Monitors for primary and secondary deployment that address 

the unique requirements for operational effectiveness of each type 

of deployment.’’ Section 1909 will ensure appropriate considerations 

are included in the Secretary’s decision to certify the ASP in order 

to avoid further delay of the ASP program. 

Section 1910. Authorization of Securing the Cities Initiative 

This section authorizes the appropriation of $40 million for the 

Securing the Cities Initiative in Fiscal Year 2009, and such sums 

as are necessary thereafter. 

The Securing the Cities Initiative uses next generation radiation 

detection technology to detect the illicit transport of nuclear and 

radiological material in urban areas. The Securing the Cities Initiative has fostered unprecedented collaboration and coordination 

among its Federal, state, tribal, and local partners and has enhanced the security of the New York Metropolitan region. The 

Committee supports this vital program and authorizes $40 million 

for its continuation in Fiscal Year 2009. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 

* * * * * * * 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 


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TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 

* * * * * * * 

Sec. 1908. Advanced spectroscopic portal monitors. 

Sec. 1909. Criteria for certification. 

Sec. 1910. Authorization of Securing the Cities Initiative. 

* * * * * * * 

TITLE XIX—DOMESTIC NUCLEAR 

DETECTION OFFICE 

* * * * * * * 

SEC. 1908. ADVANCED SPECTROSCOPIC PORTAL MONITORS. 

(a) FINDINGS.—Congress finds the following: 

(1) The consequences of radiological or nuclear terrorism 

would be catastrophic. 

(2) A system such as the Advanced Spectoscopic Portal (ASP) 

is intended to improve the process of screening passengers and 

cargo to prevent the illicit transport of radiological and nuclear 

material. 

(3) A system such as the ASP can always be improved, even 

after it is deployed. 

(4) There is no upper limit to the functionality that can be incorporated into an engineering project of this magnitude. 

(5) Delaying deployment of the ASP to increase functionality 

beyond what is minimally required for deployment may limit 

the ability of the United States to screen passengers and cargo 

for radiological and nuclear material. 

(6) There are operational differences between primary and 

secondary screening procedures. Consideration should be given 

to the implication these differences have on the minimum 

functionality for systems deployed for use in primary and secondary screening procedures. 

(b) AGREEMENT ON FUNCTIONALITY OF ADVANCED SPECTROSCOPIC

PORTAL MONITORS.—The Director of the Domestic Nuclear Detection 

Office and the Commissioner of Customs and Border Protection 

shall enter into an agreement regarding the minimum required 

functionality for the deployment of ASP by United States Customs 

and Border Protection (CBP). 

(c) REPORT TO CONGRESS.—Not later than 60 days after the date 

of the enactment of this section, the Secretary shall provide Congress with the signed memorandum of understanding between the 

Office and CBP. 

SEC. 1909. CRITERIA FOR CERTIFICATION. 

(a) FINDINGS.—Congress finds the following: 

(1) In developing criteria for Advanced Spectroscopic Portal 

(ASP) performance, special consideration should be given to the 

unique challenges associated with detecting the presence of illicit radiological or nuclear material that may be masked by the 

presence of radiation from naturally occurring radioactive material or legitimate radioactive sources such as those associated 

with medical or industrial use of radiation. 

(2) Title IV of division E of the Consolidated Appropriations 

Act, 2008 (Public Law 110–161) requires the Secretary to subVerDate Aug 31 2005 05:56 Jul 23, 2008 Jkt 069006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR764.XXX HR764

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mit to Congress a report certifying that ‘‘a significant increase 

in operational effectiveness will be achieved’’ with the ASP before ‘‘funds appropriated under this heading shall be obligated 

for full-scale procurement of Advanced Spectroscopic Portal 

Monitors’’, and requires that ‘‘the Secretary shall submit separate and distinct certifications prior to the procurement of Advanced Spectroscopic Portal Monitors for primary and secondary deployment that address the unique requirements for 

operational effectiveness of each type of deployment.’’. (b) SPECIFICATION OF SIGNIFICANT INCREASE IN OPERATIONAL EF- FECTIVENESS.— (1) IN GENERAL.—The Secretary shall, in accordance with the 

requirements of title IV of division E of the Consolidated Appropriations Act, 2008, and in consultation with the National 

Academies, develop quantitative metrics that demonstrate any 

significant increased operational effectiveness (or lack thereof) 

of deploying the ASP in Primary and Secondary Screening 

sites, as determined by United States Customs and Border Protection (CBP). 

(2) METRICS.—The metrics referred to in paragraph (1) shall 

include the following: 

(A) A quantitative definition of ‘‘significant increase in 

operational effectiveness’’. (B) All relevant threat materials. 

(C) All relevant masking scenarios. 

(D) Cost benefit analysis in accordance with the Federal 

Accounting Standards Advisory Board Generally Accepted 

Accounting Principles. 

(E) Any other measure the Director and the Commissioner determine appropriate. 

(c) CONSIDERATION OF EXTERNAL REVIEWS IN THE DECISION TO

CERTIFY.—In determining whether or not to certify that the ASP 

shows a significant increase in operational effectiveness, the Secretary may consider the following: 

(1) Relevant reports on the ASP from the Government Accountability Office. 

(2) An assessment of the ASP by the Independent Review 

Team led by the Homeland Security Institute. 

(3) An assessment of the ASP in consultation with the National Academies. 

(4) Any other information the Secretary determines relevant. 

SEC. 1910. AUTHORIZATION OF SECURING THE CITIES INITIATIVE. 

(a) FINDINGS.—Congress finds the following: 

(1) The Securing the Cities Initiative of the Department uses 

next generation radiation detection technology to detect the 

transport of nuclear and radiological material in urban areas 

by terrorists or other unauthorized individuals. 

(2) The technology used by partners in the Securing the Cities 

Initiative leverages Advanced Spectroscopic Portal (ASP) technology used at ports of entry. 

(3) The Securing the Cities Initiative has fostered unprecedented collaboration and coordination among its Federal, State, 

and local partners. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Director of the Domestic Nuclear Detection 


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Office of the Department $40,000,000 for fiscal year 2009 and such 

sums as may be necessary for each subsequent fiscal year for the Securing the Cities Initiative. 

* * * * * * * 

Æ 


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