I 

110TH CONGRESS 

2D SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2008 

Mr. KING of New York (for himself and Mr. MCCAUL of Texas) introduced 

the following bill; which was referred to the Committee on Homeland Security 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Next Generation Radi5 ation Screening Act of 2008’’. 


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1 SEC. 2. MEMORANDUM OF UNDERSTANDING REGARDING 

2 ADVANCED SPECTROSCOPIC PORTAL MON3 ITORS. 

4 Title XIX of the Homeland Security Act of 2002 is 

5 amended by adding at the end the following new sections: 

6 ‘‘SEC. 1908. ADVANCED SPECTROSCOPIC PORTAL MON7 ITORS. 

8 ‘‘(a) AGREEMENT ON FUNCTIONALITY OF ADVANCED

9 SPECTROSCOPIC PORTAL MONITORS.—The Director of 

10 the Domestic Nuclear Detection Office and the Commis11 sioner of Customs and Border Protection shall enter into 

12 an agreement regarding the minimum required 

13 functionality for the deployment of advanced spectroscopic 

14 portal monitors (ASP) by United States Customs and 

15 Border Protection (CBP). 

16 ‘‘(b) COMPONENTS OF AGREEMENT.—The agreement 

17 referred to in section (a) shall consider the following: 

18 ‘‘(1) The consequences of radiological or nu19 clear terrorism would be catastrophic. 

20 ‘‘(2) A system such as the ASP is intended to 

21 improve the process of screening passengers and 

22 cargo to prevent the illicit transport of radiological 

23 and nuclear material. 

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

25 improved, even after it is deployed. 


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

2 that can be incorporated into an engineering project 

3 of this magnitude. 

4 ‘‘(5) Delaying deployment of the ASP to in5 crease functionality beyond what is minimally re6 quired for deployment may limit the ability of the 

7 United States to screen passengers and cargo for ra8 diological and nuclear material. 

9 ‘‘(6) There are operational differences between 

10 primary and secondary screening procedures. Con11 sideration should be given to the implication these 

12 differences have on the minimum functionality for 

13 systems deployed for use in primary and secondary 

14 screening procedures. 

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

16 after the date of the enactment of this section, the Sec17 retary shall provide Congress with the signed memo18 randum of understanding between the Office and CBP. 

19 ‘‘SEC. 1909. CRITERIA FOR CERTIFICATION. 

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

21 ‘‘(1) In developing criteria for ASP perform22 ance, special consideration should be given to the 

23 unique challenges associated with detecting the pres24 ence of illicit radiological or nuclear material that 

25 may be masked by the presence of radiation from 


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1 naturally occurring radioactive material or legitimate 

2 radioactive sources associated with medical or indus3 trial use of radiation. 

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

5 Appropriations Act, 2008 (Public Law 110–161) re6 quires the Secretary to submit to Congress a report 

7 certifying that ‘a significant increase in operational 

8 effectiveness will be achieved’, with the ASP before 

9 ‘funds appropriated under this heading shall be obli10 gated for full-scale procurement of Advanced 

11 Spectroscopic Portal Monitors’, and requires that 

12 ‘the Secretary shall submit separate and distinct cer13 tifications prior to the procurement of Advanced 

14 Spectroscopic Portal Monitors for primary and sec15 ondary deployment that address the unique require16 ments for operational effectiveness of each type of 

17 deployment.’. 

18 ‘‘(b) SPECIFICATION OF SIGNIFICANT INCREASE IN

19 OPERATIONAL EFFECTIVENESS.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall, in ac21 cordance with the requirements of title IV of division 

22 E of the Consolidated Appropriations Act, 2008, and 

23 in consultation with the National Academies, develop 

24 quantitative metrics that demonstrate any increased 

25 effectiveness (or lack thereof) of deploying the ASP 


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1 in Primary and Secondary Screening sites, as deter2 mined by CBP. 

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

4 paragraph (1) shall consider the following: 

5 ‘‘(A) Threats materials. 

6 ‘‘(B) Masking scenarios. 

7 ‘‘(C) Cost benefit analysis. 

8 ‘‘(D) Any other measure the Director and 

9 the Commissioner determine appropriate. 

10 ‘‘(c) CONSIDERATION OF EXTERNAL REVIEWS IN

11 THE DECISION TO CERTIFY.—In determining whether or 

12 not to certify that the ASP shows a significant increase 

13 in operational effectiveness, the Secretary may consider 

14 the following: 

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

16 Government Accountability Office published before 

17 the date of enactment of this section. 

18 ‘‘(2) An assessment of the ASP by the Inde19 pendent Review Team led by the Homeland Security 

20 Institute. 

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

22 with the National Academies. 

23 ‘‘(4) Any other information the Secretary deter24 mines relevant.’’. 

Æ 


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