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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Next Generation Radi-
ation Screening Act of 2008’’. 
SEC. 2. MEMORANDUM OF UNDERSTANDING REGARDING 
ADVANCED SPECTROSCOPIC PORTAL MON-
ITORS. 
(a) IN GENERAL.—Title XIX of the Homeland Secu-
rity Act of 2002 is amended by adding at the end the fol-
lowing new sections: 
‘‘SEC. 1908. ADVANCED SPECTROSCOPIC PORTAL MON-
ITORS. 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) The consequences of radiological or nu-
clear 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 nu-
clear 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 in-
crease functionality beyond what is minimally re-
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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. 
‘‘(b) 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 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 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 Advanced 
Spectroscopic Portal (ASP) performance, special 
consideration should be given to the unique chal-
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lenges associated with detecting the presence of il-
licit radiological or nuclear material that may be 
masked by the presence of radiation from naturally 
occurring radioactive material or legitimate radio-
active 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) 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 
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in consultation with the National Academies, develop 
quantitative metrics that demonstrate any signifi-
cant increased operational effectiveness (or lack 
thereof) of deploying the ASP in Primary and Sec-
ondary 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 ‘signifi-
cant 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 Advi-
sory 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. 
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‘‘(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. 
‘‘SEC. 1910. AUTHORIZATION OF SECURING THE CITIES INI-
TIATIVE. 
‘‘(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 ra-
diological material in urban areas by terrorists or 
other unauthorized individuals. 
‘‘(2) The technology used by partners in the Se-
curing the Cities Initiative leverages Advanced 
Spectroscopic Portal (ASP) technology used at ports 
of entry. 
‘‘(3) The Securing the Cities Initiative has fos-
tered 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 Do-
mestic Nuclear Detection Office of the Department 
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$40,000,000 for fiscal year 2009 and such sums as may 
be necessary for each subsequent fiscal year for the Secur-
ing the Cities Initiative.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents 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. 
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