SEC. 2. MEMORANDUM OF UNDERSTANDING REGARDING 
ADVANCED SPECTROSCOPIC PORTAL MON-
ITORS. 
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 MON-
ITORS. 
‘‘(a) AGREEMENT ON FUNCTIONALITY OF ADVANCED 
SPECTROSCOPIC PORTAL MONITORS.—The Director of 
the Domestic Nuclear Detection Office and the Commis-
sioner of Customs and Border Protection shall enter into 
an 
agreement 
regarding 
the 
minimum 
required 
functionality for the deployment of advanced spectroscopic 
portal monitors (ASP) by United States Customs and 
Border Protection (CBP). 
‘‘(b) COMPONENTS OF AGREEMENT.—The agreement 
referred to in section (a) shall consider the following: 
‘‘(1) The consequences of radiological or nu-
clear terrorism would be catastrophic. 
‘‘(2) A system such as the 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. 
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‘‘(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 in-
crease functionality beyond what is minimally re-
quired for deployment may limit the ability of the 
United States to screen passengers and cargo for ra-
diological and nuclear material. 
‘‘(6) There are operational differences between 
primary and secondary screening procedures. Con-
sideration should be given to the implication these 
differences have on the minimum functionality for 
systems deployed for use in primary and secondary 
screening procedures. 
‘‘(c) REPORT TO CONGRESS.—Not later than 60 days 
after the date of the enactment of this section, the Sec-
retary shall provide Congress with the signed memo-
randum of understanding between the Office and CBP. 
‘‘SEC. 1909. CRITERIA FOR CERTIFICATION. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) In developing criteria for ASP perform-
ance, special consideration should be given to the 
unique challenges associated with detecting the pres-
ence of illicit radiological or nuclear material that 
may be masked by the presence of radiation from 
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naturally occurring radioactive material or legitimate 
radioactive sources associated with medical or indus-
trial use of radiation. 
‘‘(2) Title IV of division E of the Consolidated 
Appropriations Act, 2008 (Public Law 110–161) re-
quires 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 obli-
gated for full-scale procurement of Advanced 
Spectroscopic Portal Monitors’, and requires that 
‘the Secretary shall submit separate and distinct cer-
tifications prior to the procurement of Advanced 
Spectroscopic Portal Monitors for primary and sec-
ondary deployment that address the unique require-
ments for operational effectiveness of each type of 
deployment.’. 
‘‘(b) SPECIFICATION OF SIGNIFICANT INCREASE IN 
OPERATIONAL EFFECTIVENESS.— 
‘‘(1) IN GENERAL.—The Secretary shall, in ac-
cordance 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 increased 
effectiveness (or lack thereof) of deploying the ASP 
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in Primary and Secondary Screening sites, as deter-
mined by CBP. 
‘‘(2) METRICS.—The metrics referred to in 
paragraph (1) shall consider the following: 
‘‘(A) Threats materials. 
‘‘(B) Masking scenarios. 
‘‘(C) Cost benefit analysis. 
‘‘(D) 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 published before 
the date of enactment of this section. 
‘‘(2) An assessment of the ASP by the Inde-
pendent 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 deter-
mines relevant.’’. 
Æ 
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