[House Report 110-764]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-764
======================================================================
NEXT GENERATION RADIATION SCREENING ACT OF 2008
_______
July 22, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 5531]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred the
bill (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, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 7
Constitutional Authority Statement............................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
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 Spectoscopic 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.
Purpose and Summary
The purpose of H.R. 5531 is to amend the Homeland Security
Act of 2002 to clarify criteria for certification relating to
advanced spectroscopic portal monitors, and for other purposes.
Background and Need for Legislation
The detonation of an improvised nuclear device or a
radiological dispersal device would have catastrophic
consequences due to loss of life, destruction of property, or
area deniability. As part of an overall strategy to prevent
nuclear terrorism, the Committee recognizes that preventing
illicit nuclear or radiological material from entering the
country must be a top priority.
Since 2003, the Department of Homeland Security has
deployed radiation detectors at our Nation's ports of entry.
The Department has also engaged in an aggressive research and
development program to test, evaluate, and deploy the next
generation of radiation detection technology to detect and
identify radioactive material. This technology, known as the
Advanced Spectroscopic Portal (ASP), has the potential to
provide improved detection capabilities while reducing the
number of nuisance alarms caused by the legitimate transport of
non-threat-related radioactive material.
Hearings
No hearings were held on H.R. 5531, however, the Committee
held oversight hearings on Advanced Spectroscopic Portal
technology listed below.
On March 14, 2007, the Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology held a hearing
entitled ``Countering the Nuclear Threat to the Homeland:
Evaluating the Procurement of Radiation Detection
Technologies.'' The Subcommittee received testimony from Dr.
Vayl Oxford, Director, Domestic Nuclear Detection Office,
Department of Homeland Security, and Mr. Gene Aloise, Director,
Natural Resources and Environment, U.S. Government
Accountability Office.
On March 21, 2007, the Subcommittee on Emerging Threats,
Cybersecurity, and Science and Technology held a hearing
entitled ``Countering the Nuclear Threat to the Homeland:
Evaluating the Deployment of Radiation Detection
Technologies.'' The Subcommittee received testimony from Mr.
Vayl Oxford, Director, Domestic Nuclear Detection Office,
Department of Homeland Security, and Mr. Jayson Ahern,
Assistant Commissioner, Office of Field Operations, Customs and
Border Protection, Department of Homeland Security.
On March 5, 2008, the Subcommittee on Emerging Threats,
Cybersecurity and Science and Technology held a hearing
entitled ``Nuclear Smuggling Detection: Recent Tests of
Advanced Spectroscopic Portal Monitors.'' The Subcommittee
received testimony from Mr. Vayl Oxford, Director, Domestic
Nuclear Detection Office, Department of Homeland Security; Ms.
Elaine C. Duke, Deputy Under Secretary for Management,
Department of Homeland Security; and Mr. George E. Thompson,
Deputy Director, Programs, Homeland Security Institute.
Committee Consideration
H.R. 5531 was introduced in the House on March 5, 2008, by
Mr. King of New York and Mr. McCaul of Texas and referred
solely to the Committee on Homeland Security. Within the
Committee H.R. 5531 was referred to the Subcommittee on
Emerging Threats, Cybersecurity, Science and Technology.
On June 26, 2008, the Chairman discharged the Subcommittee
on Emerging Threats, Cybersecurity, Science and Technology from
further consideration of H.R. 5531. The Committee then
proceeded to the consideration of H.R. 5531 and ordered the
measure to be reported to the House favorably, as amended, by
voice vote.
The following amendment was offered:
An amendment offered by Mr. King (#1); was AGREED TO
by unanimous consent.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested on H.R. 5531 during
Committee consideration.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5531, the Next Generation Radiation Screening Act of 2008,
would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
July 8, 2008.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5531, the Next
Generation Radiation Screening Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 5531--Next Generation Radiation Screening Act of 2008
Summary: H.R. 5531 would authorize the appropriation of $40
million for fiscal year 2009 and such sums as are necessary for
each subsequent year for the Domestic Nuclear Detection Office
in the Department of Homeland Security to fund the Securing the
Cities Initiative, a program to detect illicit nuclear and
radiological material in urban areas. CBO estimates that
implementing the bill would cost about $180 million over the
2009-2013 period, subject to appropriation of the authorized
amounts. Enacting H.R. 5531 would not affect direct spending or
revenues.
H.R. 5531 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 5531 is shown in the following table.
CBO assumes that the estimated authorization amounts will be
appropriated near the start of each fiscal year and that
outlays will follow the historical rate of spending for similar
activities. We estimated the authorization levels for 2010 and
subsequent years by adjusting the 2009 level for anticipated
inflation. The costs of this legislation fall within budget
function 750 (administration of justice).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2009 2010 2011 2012 2013 2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 40 41 42 44 45 212
Estimated Outlays....................................... 20 33 42 43 44 182
----------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 5531
contains no intergovernmental or private-sector mandates as
defined in UMRA. State, local, and tribal governments would
benefit from funds authorized by this bill for the Securing the
Cities Initiative.
Estimate prepared by: Federal Costs: Mark Grabowicz; Impact
on State, Local, and Tribal Governments: Burke Doherty; Impact
on the Private Sector: Paige Piper/Bach.
Estimate approved by: Peter H. Fontaine; Assistant Director
for Budget Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, H.R. 5531 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
This bill will guide the Department of Homeland Security in
its efforts to deploy next generation radiation detection
technology at the Nation's ports of entry by authorizing the
Advanced Spectroscopic Portal (ASP) monitor program and the
Security the Cities (STC) initiative--both programs currently
being administered through the Department's Domestic Nuclear
Detection Office (DNDO).
While the potential benefits of the ASP technology are
still not fully realized, Congress intends to guide the
Department's efforts through this legislation by addressing
three areas: communication between DNDO and Customs and Border
Protection (CBP), requirements of ASP certification, and
authorization of the Securing the Cities Initiative. Finally,
this bill does not authorize the research and development of
any particular technology. References to the Advanced
Spectroscopic Portal (ASP) monitor are intended to guide the
Department in establishing quantitative metrics for
certification as required by the previously-passed Consolidated
Appropriations Act of 2008 (Public Law 110-161).
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate
to the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates the bill as the ``Next Generation
Radiation Screening Act of 2008.''
Section 2. Memorandum of Understanding regarding Advanced Spectroscopic
Portal Monitors
Section 2 amends the Homeland Security Act of 2002 (Public
Law 107-296) and establishes three new sections--sections 1908,
1909, and 1910.
Section 1908. Advanced Spectroscopic Portal Monitors
This section directs the Director of the Domestic Nuclear
Detection Office (DNDO) and the Commissioner of United States
Customs and Border Protection (CBP) to enter into an agreement
regarding the minimum standards of operational functionality in
order to deploy Advanced Spectroscopic Portal (ASP) systems.
This agreement must be signed and provided to the Congress
within 60 days of enactment of the bill.
The Committee perceives that one of the main sources of
delay of the ASP program is the lack of communication or
miscommunication between the agency preparing the ASP, the
DNDO, and the agency responsible for using the ASP in the
field, CBP. The required memorandum of understanding will
clarify the minimum level of technical capabilities the ASP
must possess in order to be accepted and deployed by CBP.
Section 1909. Criteria for certification
This section clarifies current law requirements for ASP
certification. It requires the Secretary to develop a
quantitative definition of ``significant increase in
operational effectiveness'' and consideration of all relevant
threat materials, not only highly enriched uranium (HEU), but
all relevant masking scenarios, including but not limited to,
naturally occurring radioactive materials (e.g. kitty litter,
ceramic tiles) and illicit, fissile material encapsulated in
legitimate products (e.g. those for industrial or medical use).
The Committee understands that the DNDO currently consults with
the Department of Energy (DOE) and the National Laboratories in
developing such metrics, and the Committee directs DNDO to
continue this practice.
In determining whether or not to certify that the ASP shows
a significant increase in operational effectiveness, the
Secretary may consider relevant reports on the ASP from the
Government Accountability Office, the Independent Review Team
led by the Homeland Security Institute, the National Academies,
or any other information the Secretary determines relevant.
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.'' Section 1909 will ensure appropriate
considerations are included in the Secretary's decision to
certify the ASP in order to avoid further delay of the ASP
program.
Section 1910. Authorization of Securing the Cities Initiative
This section authorizes the appropriation of $40 million
for the Securing the Cities Initiative in Fiscal Year 2009, and
such sums as are necessary thereafter.
The Securing the Cities Initiative uses next generation
radiation detection technology to detect the illicit transport
of nuclear and radiological material in urban areas. The
Securing the Cities Initiative has fostered unprecedented
collaboration and coordination among its Federal, state,
tribal, and local partners and has enhanced the security of the
New York Metropolitan region. The Committee supports this vital
program and authorizes $40 million for its continuation in
Fiscal Year 2009.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
* * * * * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
* * * * * * *
TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
* * * * * * *
Sec. 1908. Advanced spectroscopic portal monitors.
Sec. 1909. Criteria for certification.
Sec. 1910. Authorization of Securing the Cities Initiative.
* * * * * * *
TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
* * * * * * *
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 Spectoscopic 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.
* * * * * * *