[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5531 Introduced in House (IH)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Next Generation Radiation Screening 
Act of 2008''.

SEC. 2. MEMORANDUM OF UNDERSTANDING REGARDING ADVANCED SPECTROSCOPIC 
              PORTAL MONITORS.

    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 MONITORS.

    ``(a) 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 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 nuclear 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.
            ``(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.
    ``(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.

``SEC. 1909. CRITERIA FOR CERTIFICATION.

    ``(a) Findings.--Congress finds the following:
            ``(1) In developing criteria for 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 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 
        increased effectiveness (or lack thereof) of deploying the ASP 
        in Primary and Secondary Screening sites, as determined 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 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.''.
                                 <all>