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[House Report 110-764]
[From the U.S. Government Publishing Office]

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''.

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 
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 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.'.
  ``(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.
          ``(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 Subcommittee 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.

   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
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.

                      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 
legitimate 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:
     * * * * * * *

              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 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.''.
  (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.
          (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.

           *       *       *       *       *       *       *

                                  
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