[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5531 Reported in House (RH)]
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
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
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 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.
(a) In General.--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) 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.
``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 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.
``SEC. 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.''.
Amend the title so as to read: ``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.''.
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 advanced 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 ordered to be printed