IIB 

110TH CONGRESS 

2D SESSION H. R. 5531 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2008 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend the Homeland Security Act of 2002 to clarify 

criteria for certification relating to Advanced 

Spectroscopic Portal monitors, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Next Generation Radi3 ation Screening Act of 2008’’. 

4 SEC. 2. MEMORANDUM OF UNDERSTANDING REGARDING 

5 ADVANCED SPECTROSCOPIC PORTAL MON6 ITORS. 

7 (a) IN GENERAL.—Title XIX of the Homeland Secu8 rity Act of 2002 is amended by adding at the end the fol9 lowing new sections: 

10 ‘‘SEC. 1908. ADVANCED SPECTROSCOPIC PORTAL MON11 ITORS. 

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

13 ‘‘(1) The consequences of radiological or nu14 clear terrorism would be catastrophic. 

15 ‘‘(2) A system such as the Advanced 

16 Spectroscopic Portal (ASP) is intended to improve 

17 the process of screening passengers and cargo to 

18 prevent the illicit transport of radiological and nu19 clear material. 

20 ‘‘(3) A system such as the ASP can always be 

21 improved, even after it is deployed. 

22 ‘‘(4) There is no upper limit to the functionality 

23 that can be incorporated into an engineering project 

24 of this magnitude. 

25 ‘‘(5) Delaying deployment of the ASP to in26 crease functionality beyond what is minimally remstockstill on PROD1PC66 with BILLS

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1 quired for deployment may limit the ability of the 

2 United States to screen passengers and cargo for ra3 diological and nuclear material. 

4 ‘‘(6) There are operational differences between 

5 primary and secondary screening procedures. Con6 sideration should be given to the implication these 

7 differences have on the minimum functionality for 

8 systems deployed for use in primary and secondary 

9 screening procedures. 

10 ‘‘(b) AGREEMENT ON FUNCTIONALITY OF ADVANCED

11 SPECTROSCOPIC PORTAL MONITORS.—The Director of 

12 the Domestic Nuclear Detection Office and the Commis13 sioner of Customs and Border Protection shall enter into 

14 an agreement regarding the minimum required 

15 functionality for the deployment of ASP by United States 

16 Customs and Border Protection (CBP). 

17 ‘‘(c) REPORT TO CONGRESS.—Not later than 60 days 

18 after the date of the enactment of this section, the Sec19 retary shall provide Congress with the signed memo20 randum of understanding between the Office and CBP. 

21 ‘‘SEC. 1909. CRITERIA FOR CERTIFICATION. 

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

23 ‘‘(1) In developing criteria for Advanced 

24 Spectroscopic Portal (ASP) performance, special 

25 consideration should be given to the unique chalmstockstill on PROD1PC66 with BILLS

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1 lenges associated with detecting the presence of il2 licit radiological or nuclear material that may be 

3 masked by the presence of radiation from naturally 

4 occurring radioactive material or legitimate radio5 active sources such as those associated with medical 

6 or industrial use of radiation. 

7 ‘‘(2) Title IV of division E of the Consolidated 

8 Appropriations Act, 2008 (Public Law 110–161) re9 quires the Secretary to submit to Congress a report 

10 certifying that ‘a significant increase in operational 

11 effectiveness will be achieved’ with the ASP before 

12 ‘funds appropriated under this heading shall be obli13 gated for full-scale procurement of Advanced 

14 Spectroscopic Portal Monitors’, and requires that 

15 ‘the Secretary shall submit separate and distinct cer16 tifications prior to the procurement of Advanced 

17 Spectroscopic Portal Monitors for primary and sec18 ondary deployment that address the unique require19 ments for operational effectiveness of each type of 

20 deployment.’. 

21 ‘‘(b) SPECIFICATION OF SIGNIFICANT INCREASE IN

22 OPERATIONAL EFFECTIVENESS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall, in ac24 cordance with the requirements of title IV of division 

25 E of the Consolidated Appropriations Act, 2008, and 

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1 in consultation with the National Academies, develop 

2 quantitative metrics that demonstrate any signifi3 cant increased operational effectiveness (or lack 

4 thereof) of deploying the ASP in Primary and Sec5 ondary Screening sites, as determined by United 

6 States Customs and Border Protection (CBP). 

7 ‘‘(2) METRICS.—The metrics referred to in 

8 paragraph (1) shall include the following: 

9 ‘‘(A) A quantitative definition of ‘signifi10 cant increase in operational effectiveness’. 

11 ‘‘(B) All relevant threat materials. 

12 ‘‘(C) All relevant masking scenarios. 

13 ‘‘(D) Cost benefit analysis in accordance 

14 with the Federal Accounting Standards Advi15 sory Board Generally Accepted Accounting 

16 Principles. 

17 ‘‘(E) Any other measure the Director and 

18 the Commissioner determine appropriate. 

19 ‘‘(c) CONSIDERATION OF EXTERNAL REVIEWS IN

20 THE DECISION TO CERTIFY.—In determining whether or 

21 not to certify that the ASP shows a significant increase 

22 in operational effectiveness, the Secretary may consider 

23 the following: 

24 ‘‘(1) Relevant reports on the ASP from the 

25 Government Accountability Office. 

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1 ‘‘(2) An assessment of the ASP by the Inde2 pendent Review Team led by the Homeland Security 

3 Institute. 

4 ‘‘(3) An assessment of the ASP in consultation 

5 with the National Academies. 

6 ‘‘(4) Any other information the Secretary deter7 mines relevant. 

8 ‘‘SEC. 1910. AUTHORIZATION OF SECURING THE CITIES INI9 TIATIVE. 

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

11 ‘‘(1) The Securing the Cities Initiative of the 

12 Department uses next generation radiation detection 

13 technology to detect the transport of nuclear and ra14 diological material in urban areas by terrorists or 

15 other unauthorized individuals. 

16 ‘‘(2) The technology used by partners in the Se17 curing the Cities Initiative leverages Advanced 

18 Spectroscopic Portal (ASP) technology used at ports 

19 of entry. 

20 ‘‘(3) The Securing the Cities Initiative has fos21 tered unprecedented collaboration and coordination 

22 among its Federal, State, and local partners. 

23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

24 is authorized to be appropriated to the Director of the Do25 mestic Nuclear Detection Office of the Department 

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1 $40,000,000 for fiscal year 2009 and such sums as may 

2 be necessary for each subsequent fiscal year for the Secur3 ing the Cities Initiative.’’. 

4 (b) CONFORMING AMENDMENT.—The table of con5 tents in section 1(b) of the Homeland Security Act of 

6 2002 is amended by inserting after the item relating to 

7 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.’’. 

Passed the House of Representatives July 30, 2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 

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