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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5531 Referred in Senate (RFS)]

  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.

    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 ``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 Spectroscopic 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.''.

            Passed the House of Representatives July 30, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```