IB 
Union Calendar No. 487 
110TH CONGRESS 
2D SESSION 
H. R. 5531 
[Report No. 110–764] 
To amend the Homeland Security Act of 2002 to clarify criteria for certifi-
cation 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 
JULY 22, 2008 
Reported with amendments, committed to the Committee of the Whole House 
on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 5, 2008] 
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. 
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 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 pre-
vent 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 
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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. Consid-
eration should be given to the implication these dif-
ferences have on the minimum functionality for sys-
tems 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 agree-
ment 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 un-
derstanding 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 con-
sideration should be given to the unique challenges as-
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sociated with detecting the presence of illicit radio-
logical or nuclear material that may be masked by 
the presence of radiation from naturally occurring ra-
dioactive 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) 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 certifi-
cations 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 de-
ployment.’. 
‘‘(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 significant 
increased operational effectiveness (or lack thereof) of 
deploying the ASP in Primary and Secondary 
Screening sites, as determined by United States Cus-
toms and Border Protection (CBP). 
‘‘(2) METRICS.—The metrics referred to in para-
graph (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 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 oper-
ational effectiveness, the Secretary may consider the fol-
lowing: 
‘‘(1) Relevant reports on the ASP from the Gov-
ernment 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 De-
partment uses next generation radiation detection 
technology to detect the transport of nuclear and radi-
ological 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 Domes-
tic Nuclear Detection Office of the Department $40,000,000 
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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.’’. 
Amend the title so as to read: ‘‘A bill to amend the 
Homeland Security Act of 2002 to clarify criteria for cer-
tification relating to Advanced Spectroscopic Portal mon-
itors, and for other purposes.’’. 
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Union Calendar No. 487 
110TH CONGRESS 
2D SESSION 
H. R. 5531 
[Report No. 110–764] 
A BILL 
To amend the Homeland Security Act of 2002 to 
clarify criteria for certification relating to ad-
vanced spectroscopic portal monitors, and for 
other purposes. 
JULY 22, 2008 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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