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:

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.

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.

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.