-CITE-
    6 USC CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY
           PORT                                            01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT

-HEAD-
          CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT      

-MISC1-
    Sec.                                                     
    901.        Definitions.                                          

             SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS         

       PART A - PORT SECURITY GRANTS; TRAINING AND EXERCISE PROGRAMS   
    911.        Port Security Training Program.                       
    912.        Port Security Exercise Program.                       
    913.        Facility exercise requirements.                       

                         PART B - PORT OPERATIONS                     
    921.        Domestic radiation detection and imaging.             
    922.        Inspection of car ferries entering from abroad.       
    923.        Random searches of containers.                        
    924.        Threat assessment screening of port truck drivers.    
    925.        Border Patrol unit for United States Virgin Islands.  
    926.        Center of Excellence for Maritime Domain Awareness.   

        SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN    

                        PART A - GENERAL PROVISIONS                    
    941.        Strategic plan to enhance the security of the
                 international supply chain.                          
    942.        Post-incident resumption of trade.                    
    943.        Automated Targeting System.                           
    944.        Container security standards and procedures.          
    945.        Container Security Initiative.                        

           PART B - CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM       
    961.        Establishment.                                        
    962.        Eligible entities.                                    
    963.        Minimum requirements.                                 
    964.        Tier 1 participants in C-TPAT.                        
    965.        Tier 2 participants in C-TPAT.                        
    966.        Tier 3 participants in C-TPAT.                        
    967.        Consequences for lack of compliance.                  
    968.        Third party validations.                              
    969.        Revalidation.                                         
    970.        Noncontainerized cargo.                               
    971.        C-TPAT program management.                            
    972.        Additional personnel.                                 
    973.        Authorization of appropriations.                      

                     PART C - MISCELLANEOUS PROVISIONS                 
    981.        Pilot integrated scanning system.                     
    981a.       Pilot integrated scanning system.                     
    982.        Screening and scanning of cargo containers.           
    983.        Inspection technology and training.                   
    984.        Pilot program to improve the security of empty
                 containers.                                          
    985.        Information sharing relating to supply chain security
                 cooperation.                                         

                      SUBCHAPTER III - ADMINISTRATION                  
    1001.       Designation of liaison office of Department of State. 
    1002.       Homeland Security Science and Technology Advisory
                 Committee.                                           
    1003.       Research, development, test, and evaluation efforts in
                 furtherance of maritime and cargo security.          

-End-



-CITE-
    6 USC Sec. 901                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT

-HEAD-
    Sec. 901. Definitions

-STATUTE-
      In this Act:
      (1) Appropriate congressional committees
        Except as otherwise provided, the term "appropriate
      congressional committees" means - 
          (A) the Committee on Appropriations of the Senate;
          (B) the Committee on Commerce, Science, and Transportation of
        the Senate;
          (C) the Committee on Finance of the Senate;
          (D) the Committee on Homeland Security and Governmental
        Affairs of the Senate;
          (E) the Committee on Appropriations of the House of
        Representatives;
          (F) the Committee on Homeland Security of the House of
        Representatives;
          (G) the Committee on Transportation and Infrastructure of the
        House of Representatives;
          (H) the Committee on Ways and Means of the House of
        Representatives; and
          (I) other congressional committees, as appropriate.
      (2) Commercial Operations Advisory Committee
        The term "Commercial Operations Advisory Committee" means the
      Advisory Committee established pursuant to section 9503(c) of the
      Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note)
      or any successor committee.
      (3) Commercial seaport personnel
        The term "commercial seaport personnel" includes any person
      engaged in an activity relating to the loading or unloading of
      cargo or passengers, the movement or tracking of cargo, the
      maintenance and repair of intermodal equipment, the operation of
      cargo-related equipment (whether or not integral to the vessel),
      and the handling of mooring lines on the dock when a vessel is
      made fast or let go in the United States.
      (4) Commissioner
        The term "Commissioner" means the Commissioner responsible for
      the United States Customs and Border Protection of the Department
      of Homeland Security.
      (5) Container
        The term "container" has the meaning given the term in the
      International Convention for Safe Containers, with annexes, done
      at Geneva, December 2, 1972 (29 UST 3707).
      (6) Container security device
        The term "container security device" means a device, or system,
      designed, at a minimum, to identify positively a container, to
      detect and record the unauthorized intrusion of a container, and
      to secure a container against tampering throughout the supply
      chain. Such a device, or system, shall have a low false alarm
      rate as determined by the Secretary.
      (7) Department
        The term "Department" means the Department of Homeland
      Security.
      (8) Examination
        The term "examination" means an inspection of cargo to detect
      the presence of misdeclared, restricted, or prohibited items that
      utilizes nonintrusive imaging and detection technology.
      (9) Inspection
        The term "inspection" means the comprehensive process used by
      the United States Customs and Border Protection to assess goods
      entering the United States to appraise them for duty purposes, to
      detect the presence of restricted or prohibited items, and to
      ensure compliance with all applicable laws. The process may
      include screening, conducting an examination, or conducting a
      search.
      (10) International supply chain
        The term "international supply chain" means the end-to-end
      process for shipping goods to or from the United States beginning
      at the point of origin (including manufacturer, supplier, or
      vendor) through a point of distribution to the destination.
      (11) Radiation detection equipment
        The term "radiation detection equipment" means any technology
      that is capable of detecting or identifying nuclear and
      radiological material or nuclear and radiological explosive
      devices.
      (12) Scan
        The term "scan" means utilizing nonintrusive imaging equipment,
      radiation detection equipment, or both, to capture data,
      including images of a container.
      (13) Screening
        The term "screening" means a visual or automated review of
      information about goods, including manifest or entry
      documentation accompanying a shipment being imported into the
      United States, to determine the presence of misdeclared,
      restricted, or prohibited items and assess the level of threat
      posed by such cargo.
      (14) Search
        The term "search" means an intrusive examination in which a
      container is opened and its contents are devanned and visually
      inspected for the presence of misdeclared, restricted, or
      prohibited items.
      (15) Secretary
        The term "Secretary" means the Secretary of Homeland Security.
      (16) Transportation disruption
        The term "transportation disruption" means any significant
      delay, interruption, or stoppage in the flow of trade caused by a
      natural disaster, heightened threat level, an act of terrorism,
      or any transportation security incident (as defined in section
      70101(6) of title 46).
      (17) Transportation security incident
        The term "transportation security incident" has the meaning
      given the term in section 70101(6) of title 46.

-SOURCE-
    (Pub. L. 109-347, Sec. 2, Oct. 13, 2006, 120 Stat. 1886.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is Pub. L. 109-347, Oct. 13, 2006,
    120 Stat. 1884, known as the Security and Accountability For Every
    Port Act of 2006 or the SAFE Port Act. For complete classification
    of this Act to the Code, see Tables.
      Section 9503(c) of the Omnibus Budget Reconciliation Act of 1987,
    referred to in par. (2), is section 9503(c) of title IX of Pub. L.
    100-203, which is set out as a note under section 2071 of Title 19,
    Customs Duties.


-MISC1-
                                SHORT TITLE                            
      Pub. L. 109-347, Sec. 1(a), Oct. 13, 2006, 120 Stat. 1884,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Security and Accountability For Every Port Act of
    2006' or the 'SAFE Port Act'."

-End-


-CITE-
    6 USC SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS     01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS

-HEAD-
             SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS         

-End-


-CITE-
    6 USC Part A - Port Security Grants; Training and Exercise
                    Programs                               01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part A - Port Security Grants; Training and Exercise Programs

-HEAD-
       PART A - PORT SECURITY GRANTS; TRAINING AND EXERCISE PROGRAMS   

-End-



-CITE-
    6 USC Sec. 911                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part A - Port Security Grants; Training and Exercise Programs

-HEAD-
    Sec. 911. Port Security Training Program

-STATUTE-
    (a) In general
      The Secretary, acting through the Under Secretary for
    Preparedness and in coordination with the Commandant of the Coast
    Guard, shall establish a Port Security Training Program (referred
    to in this section as the "Training Program") for the purpose of
    enhancing the capabilities of each facility required to submit a
    plan under section 70103(c) of title 46 to prevent, prepare for,
    respond to, mitigate against, and recover from threatened or actual
    acts of terrorism, natural disasters, and other emergencies.
    (b) Requirements
      The Training Program shall provide validated training that - 
        (1) reaches multiple disciplines, including Federal, State, and
      local government officials, commercial seaport personnel and
      management, and governmental and nongovernmental emergency
      response providers;
        (2) provides training at the awareness, performance, and
      management and planning levels;
        (3) utilizes multiple training mediums and methods;
        (4) addresses port security topics, including - 
          (A) facility security plans and procedures, including how
        security plans and procedures are adjusted when threat levels
        increase;
          (B) facility security force operations and management;
          (C) physical security and access control at facilities;
          (D) methods of security for preventing and countering cargo
        theft;
          (E) container security;
          (F) recognition and detection of weapons, dangerous
        substances, and devices;
          (G) operation and maintenance of security equipment and
        systems;
          (H) security threats and patterns;
          (I) security incident procedures, including procedures for
        communicating with governmental and nongovernmental emergency
        response providers; and
          (J) evacuation procedures;

        (5) is consistent with, and supports implementation of, the
      National Incident Management System, the National Response Plan,
      the National Infrastructure Protection Plan, the National
      Preparedness Guidance, the National Preparedness Goal, the
      National Maritime Transportation Security Plan, and other such
      national initiatives;
        (6) is evaluated against clear and consistent performance
      measures;
        (7) addresses security requirements under facility security
      plans; and
        (8) educates, trains, and involves individuals in neighborhoods
      around facilities required to submit a plan under section
      70103(c) of title 46 on how to observe and report security risks.
    (c) Omitted
    (d) Consultation
      The Secretary shall ensure that, in carrying out the Program, the
    Office of Grants and Training shall consult with commercial seaport
    personnel and management.
    (e) Training partners
      In developing and delivering training under the Training Program,
    the Secretary, in coordination with the Maritime Administration of
    the Department of Transportation, and consistent with section 109
    of the Maritime Transportation Security Act of 2002 (46 U.S.C.
    70101 note), shall - 
        (1) work with government training facilities, academic
      institutions, private organizations, employee organizations, and
      other entities that provide specialized, state-of-the-art
      training for governmental and nongovernmental emergency responder
      providers or commercial seaport personnel and management; and
        (2) utilize, as appropriate, government training facilities,
      courses provided by community colleges, public safety academies,
      State and private universities, and other facilities.

-SOURCE-
    (Pub. L. 109-347, title I, Sec. 113, Oct. 13, 2006, 120 Stat.
    1895.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 109 of the Maritime Transportation Security Act of 2002,
    referred to in subsec. (e), is section 109 of title I of Pub. L.
    107-295, which is set out as a note under section 70101 of Title
    46, Shipping.

-COD-
                               CODIFICATION                           
      Section is comprised of section 113 of Pub. L. 109-347. Subsec.
    (c) of section 113 of Pub. L. 109-347 amended section 70103 of
    Title 46, Shipping.

-End-



-CITE-
    6 USC Sec. 912                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part A - Port Security Grants; Training and Exercise Programs

-HEAD-
    Sec. 912. Port Security Exercise Program

-STATUTE-
    (a) In general
      The Secretary, acting through the Under Secretary for
    Preparedness and in coordination with the Commandant of the Coast
    Guard, shall establish a Port Security Exercise Program (referred
    to in this section as the "Exercise Program") for the purpose of
    testing and evaluating the capabilities of Federal, State, local,
    and foreign governments, commercial seaport personnel and
    management, governmental and nongovernmental emergency response
    providers, the private sector, or any other organization or entity,
    as the Secretary determines to be appropriate, to prevent, prepare
    for, mitigate against, respond to, and recover from acts of
    terrorism, natural disasters, and other emergencies at facilities
    required to submit a plan under section 70103(c) of title 46.
    (b) Requirements
      The Secretary shall ensure that the Exercise Program - 
        (1) conducts, on a periodic basis, port security exercises at
      such facilities that are - 
          (A) scaled and tailored to the needs of each facility;
          (B) live, in the case of the most at-risk facilities;
          (C) as realistic as practicable and based on current risk
        assessments, including credible threats, vulnerabilities, and
        consequences;
          (D) consistent with the National Incident Management System,
        the National Response Plan, the National Infrastructure
        Protection Plan, the National Preparedness Guidance, the
        National Preparedness Goal, the National Maritime
        Transportation Security Plan, and other such national
        initiatives;
          (E) evaluated against clear and consistent performance
        measures;
          (F) assessed to learn best practices, which shall be shared
        with appropriate Federal, State, and local officials,
        commercial seaport personnel and management, governmental and
        nongovernmental emergency response providers, and the private
        sector; and
          (G) followed by remedial action in response to lessons
        learned; and

        (2) assists State and local governments and facilities in
      designing, implementing, and evaluating exercises that - 
          (A) conform to the requirements of paragraph (1); and
          (B) are consistent with any applicable Area Maritime
        Transportation Security Plan and State or Urban Area Homeland
        Security Plan.
    (c) Improvement plan
      The Secretary shall establish a port security exercise
    improvement plan process to - 
        (1) identify and analyze each port security exercise for
      lessons learned and best practices;
        (2) disseminate lessons learned and best practices to
      participants in the Exercise Program;
        (3) monitor the implementation of lessons learned and best
      practices by participants in the Exercise Program; and
        (4) conduct remedial action tracking and long-term trend
      analysis.

-SOURCE-
    (Pub. L. 109-347, title I, Sec. 114, Oct. 13, 2006, 120 Stat.
    1896.)

-End-



-CITE-
    6 USC Sec. 913                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part A - Port Security Grants; Training and Exercise Programs

-HEAD-
    Sec. 913. Facility exercise requirements

-STATUTE-
      The Secretary of the Department in which the Coast Guard is
    operating shall require each high risk facility to conduct live or
    full-scale exercises described in section 105.220(c) of title 33,
    Code of Federal Regulations, not less frequently than once every 2
    years, in accordance with the facility security plan required under
    section 70103(c) of title 46.

-SOURCE-
    (Pub. L. 109-347, title I, Sec. 115, Oct. 13, 2006, 120 Stat.
    1897.)

-End-


-CITE-
    6 USC Part B - Port Operations                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part B - Port Operations

-HEAD-
                         PART B - PORT OPERATIONS                     

-End-



-CITE-
    6 USC Sec. 921                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part B - Port Operations

-HEAD-
    Sec. 921. Domestic radiation detection and imaging

-STATUTE-
    (a) Scanning containers
      Subject to section 1318 of title 19, not later than December 31,
    2007, all containers entering the United States through the 22
    ports through which the greatest volume of containers enter the
    United States by vessel shall be scanned for radiation. To the
    extent practicable, the Secretary shall deploy next generation
    radiation detection technology.
    (b) Strategy
      The Secretary shall develop a strategy for the deployment of
    radiation detection capabilities that includes - 
        (1) a risk-based prioritization of ports of entry at which
      radiation detection equipment will be deployed;
        (2) a proposed timeline of when radiation detection equipment
      will be deployed at each port of entry identified under paragraph
      (1);
        (3) the type of equipment to be used at each port of entry
      identified under paragraph (1), including the joint deployment
      and utilization of radiation detection equipment and nonintrusive
      imaging equipment;
        (4) standard operating procedures for examining containers with
      such equipment, including sensor alarming, networking, and
      communications and response protocols;
        (5) operator training plans;
        (6) an evaluation of the environmental health and safety
      impacts of nonintrusive imaging technology and a radiation risk
      reduction plan, in consultation with the Nuclear Regulatory
      Commission, the Occupational Safety and Health Administration,
      and the National Institute for Occupational Safety and Health,
      that seeks to minimize radiation exposure of workers and the
      public to levels as low as reasonably achievable;
        (7) the policy of the Department for using nonintrusive imaging
      equipment in tandem with radiation detection equipment; and
        (8) a classified annex that - 
          (A) details plans for covert testing; and
          (B) outlines the risk-based prioritization of ports of entry
        identified under paragraph (1).
    (c) Report
      Not later than 90 days after October 13, 2006, the Secretary
    shall submit the strategy developed under subsection (b) to the
    appropriate congressional committees.
    (d) Update
      Not later than 180 days after the date of the submission of the
    report under subsection (c), the Secretary shall provide a more
    complete evaluation under subsection (b)(6).
    (e) Other weapons of mass destruction threats
      Not later than 180 days after October 13, 2006, the Secretary
    shall submit to the appropriate congressional committees a report
    on the feasibility of, and a strategy for, the development of
    equipment to detect and prevent shielded nuclear and radiological
    threat material and chemical, biological, and other weapons of mass
    destruction from entering the United States.
    (f) Standards
      The Secretary, acting through the Director for Domestic Nuclear
    Detection and in collaboration with the National Institute of
    Standards and Technology, shall publish technical capability
    standards and recommended standard operating procedures for the use
    of nonintrusive imaging and radiation detection equipment in the
    United States. Such standards and procedures - 
        (1) should take into account relevant standards and procedures
      utilized by other Federal departments or agencies as well as
      those developed by international bodies; and
        (2) shall not be designed so as to endorse specific companies
      or create sovereignty conflicts with participating countries.
    (g) Implementation
      Not later than 3 years after October 13, 2006, the Secretary
    shall fully implement the strategy developed under subsection (b).
    (h) Expansion to other United States ports of entry
      (1) In general
        As soon as practicable after - 
          (A) implementation of the program for the examination of
        containers for radiation at ports of entry described in
        subsection (a); and
          (B) submission of the strategy developed under subsection (b)
        (and updating, if any, of that strategy under subsection (c)),

      but not later than December 31, 2008, the Secretary shall expand
      the strategy developed under subsection (b), in a manner
      consistent with the requirements of subsection (b), to provide
      for the deployment of radiation detection capabilities at all
      other United States ports of entry not covered by the strategy
      developed under subsection (b).
      (2) Risk assessment
        In expanding the strategy under paragraph (1), the Secretary
      shall identify and assess the risks to those other ports of entry
      in order to determine what equipment and practices will best
      mitigate the risks.
    (i) Intermodal Rail Radiation Detection Test Center
      (1) Establishment
        In accordance with subsection (b), and in order to comply with
      this section, the Secretary shall establish an Intermodal Rail
      Radiation Detection Test Center (referred to in this subsection
      as the "Test Center").
      (2) Projects
        The Secretary shall conduct multiple, concurrent projects at
      the Test Center to rapidly identify and test concepts specific to
      the challenges posed by on-dock rail.
      (3) Location
        The Test Center shall be located within a public port facility
      at which a majority of the containerized cargo is directly laden
      from (or unladen to) on-dock, intermodal rail.

-SOURCE-
    (Pub. L. 109-347, title I, Sec. 121, Oct. 13, 2006, 120 Stat.
    1898.)

-End-



-CITE-
    6 USC Sec. 922                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part B - Port Operations

-HEAD-
    Sec. 922. Inspection of car ferries entering from abroad

-STATUTE-
      Not later than 120 days after October 13, 2006, the Secretary,
    acting through the Commissioner, and in coordination with the
    Secretary of State and in cooperation with ferry operators and
    appropriate foreign government officials, shall seek to develop a
    plan for the inspection of passengers and vehicles before such
    passengers board, or such vehicles are loaded onto, a ferry bound
    for a United States facility required to submit a plan under
    section 70103(c) of title 46.

-SOURCE-
    (Pub. L. 109-347, title I, Sec. 122, Oct. 13, 2006, 120 Stat.
    1899.)

-End-



-CITE-
    6 USC Sec. 923                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part B - Port Operations

-HEAD-
    Sec. 923. Random searches of containers

-STATUTE-
      Not later than 1 year after October 13, 2006, the Secretary,
    acting through the Commissioner, shall develop and implement a
    plan, utilizing best practices for empirical scientific research
    design and random sampling, to conduct random searches of
    containers in addition to any targeted or preshipment inspection of
    such containers required by law or regulation or conducted under
    any other program conducted by the Secretary. Nothing in this
    section shall be construed to mean that implementation of the
    random sampling plan precludes additional searches of containers
    not inspected pursuant to the plan.

-SOURCE-
    (Pub. L. 109-347, title I, Sec. 123, Oct. 13, 2006, 120 Stat.
    1899.)

-End-



-CITE-
    6 USC Sec. 924                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part B - Port Operations

-HEAD-
    Sec. 924. Threat assessment screening of port truck drivers

-STATUTE-
      Not later than 90 days after October 13, 2006, the Secretary
    shall implement a threat assessment screening, including name-based
    checks against terrorist watch lists and immigration status check,
    for all port truck drivers with access to secure areas of a port
    who have a commercial driver's license but do not have a current
    and valid hazardous materials endorsement issued in accordance with
    section 1572 of title 49, Code of Federal Regulations, that is the
    same as the threat assessment screening required for facility
    employees and longshoremen by the Commandant of the Coast Guard
    under Coast Guard Notice USCG-2006-24189 (Federal Register, Vol.
    71, No. 82, Friday, April 28, 2006).

-SOURCE-
    (Pub. L. 109-347, title I, Sec. 125, Oct. 13, 2006, 120 Stat.
    1900.)

-End-



-CITE-
    6 USC Sec. 925                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part B - Port Operations

-HEAD-
    Sec. 925. Border Patrol unit for United States Virgin Islands

-STATUTE-
    (a) In general
      The Secretary may establish at least 1 Border Patrol unit for the
    United States Virgin Islands.
    (b) Report
      Not later than 180 days after October 13, 2006, the Secretary
    shall submit a report to the appropriate congressional committees
    that includes the schedule, if any, for carrying out subsection
    (a).

-SOURCE-
    (Pub. L. 109-347, title I, Sec. 126, Oct. 13, 2006, 120 Stat.
    1900.)

-End-



-CITE-
    6 USC Sec. 926                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER I - SECURITY OF UNITED STATES SEAPORTS
    Part B - Port Operations

-HEAD-
    Sec. 926. Center of Excellence for Maritime Domain Awareness

-STATUTE-
    (a) Establishment
      The Secretary shall establish a university-based Center for
    Excellence for Maritime Domain Awareness following the merit-review
    processes and procedures that have been established by the
    Secretary for selecting university program centers of excellence.
    (b) Duties
      The Center established under subsection (a) shall - 
        (1) prioritize its activities based on the "National Plan To
      Improve Maritime Domain Awareness" published by the Department in
      October 2005;
        (2) recognize the extensive previous and ongoing work and
      existing competence in the field of maritime domain awareness at
      numerous academic and research institutions, such as the Naval
      Postgraduate School;
        (3) leverage existing knowledge and continue development of a
      broad base of expertise within academia and industry in maritime
      domain awareness; and
        (4) provide educational, technical, and analytical assistance
      to Federal agencies with responsibilities for maritime domain
      awareness, including the Coast Guard, to focus on the need for
      interoperability, information sharing, and common information
      technology standards and architecture.

-SOURCE-
    (Pub. L. 109-347, title I, Sec. 128, Oct. 13, 2006, 120 Stat.
    1900.)

-End-


-CITE-
    6 USC SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY
           CHAIN                                           01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

-HEAD-
        SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN    

-End-


-CITE-
    6 USC Part A - General Provisions                           01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part A - General Provisions

-HEAD-
                        PART A - GENERAL PROVISIONS                    

-End-



-CITE-
    6 USC Sec. 941                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part A - General Provisions

-HEAD-
    Sec. 941. Strategic plan to enhance the security of the
      international supply chain

-STATUTE-
    (a) Strategic plan
      The Secretary, in consultation with appropriate Federal, State,
    local, and tribal government agencies and private sector
    stakeholders responsible for security matters that affect or relate
    to the movement of containers through the international supply
    chain, shall develop, implement, and update, as appropriate, a
    strategic plan to enhance the security of the international supply
    chain.
    (b) Requirements
      The strategic plan required under subsection (a) shall - 
        (1) describe the roles, responsibilities, and authorities of
      Federal, State, local, and tribal government agencies and private-
      sector stakeholders that relate to the security of the movement
      of containers through the international supply chain;
        (2) identify and address gaps and unnecessary overlaps in the
      roles, responsibilities, or authorities described in paragraph
      (1);
        (3) identify and make recommendations regarding legislative,
      regulatory, and organizational changes necessary to improve
      coordination among the entities or to enhance the security of the
      international supply chain;
        (4) provide measurable goals, including objectives, mechanisms,
      and a schedule, for furthering the security of commercial
      operations from point of origin to point of destination;
        (5) build on available resources and consider costs and
      benefits;
        (6) provide incentives for additional voluntary measures to
      enhance cargo security, as recommended by the Commissioner;
        (7) consider the impact of supply chain security requirements
      on small- and medium-sized companies;
        (8) include a process for sharing intelligence and information
      with private-sector stakeholders to assist in their security
      efforts;
        (9) identify a framework for prudent and measured response in
      the event of a transportation security incident involving the
      international supply chain;
        (10) provide protocols for the expeditious resumption of the
      flow of trade in accordance with section 942 of this title;
        (11) consider the linkages between supply chain security and
      security programs within other systems of movement, including
      travel security and terrorism finance programs; and
        (12) expand upon and relate to existing strategies and plans,
      including the National Response Plan, the National Maritime
      Transportation Security Plan, the National Strategy for Maritime
      Security, and the 8 supporting plans of the Strategy, as required
      by Homeland Security Presidential Directive 13.
    (c) Consultation
      In developing protocols under subsection (b)(10), the Secretary
    shall consult with Federal, State, local, and private sector
    stakeholders, including the National Maritime Security Advisory
    Committee and the Commercial Operations Advisory Committee.
    (d) Communication
      To the extent practicable, the strategic plan developed under
    subsection (a) shall provide for coordination with, and lines of
    communication among, appropriate Federal, State, local, and private-
    sector stakeholders on law enforcement actions, intermodal
    rerouting plans, and other strategic infrastructure issues
    resulting from a transportation security incident or transportation
    disruption.
    (e) Utilization of Advisory Committees
      As part of the consultations described in subsection (a), the
    Secretary shall, to the extent practicable, utilize the Homeland
    Security Advisory Committee, the National Maritime Security
    Advisory Committee, and the Commercial Operations Advisory
    Committee to review, as necessary, the draft strategic plan and any
    subsequent updates to the strategic plan.
    (f) International standards and practices
      In furtherance of the strategic plan required under subsection
    (a), the Secretary is encouraged to consider proposed or
    established standards and practices of foreign governments and
    international organizations, including the International Maritime
    Organization, the World Customs Organization, the International
    Labor Organization, and the International Organization for
    Standardization, as appropriate, to establish standards and best
    practices for the security of containers moving through the
    international supply chain.
    (g) Report
      (1) Initial report
        Not later than 270 days after October 13, 2006, the Secretary
      shall submit to the appropriate congressional committees a report
      that contains the strategic plan required by subsection (a).
      (2) Final report
        Not later than 3 years after the date on which the strategic
      plan is submitted under paragraph (1), the Secretary shall submit
      a report to the appropriate congressional committees that
      contains an update of the strategic plan.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 201, Oct. 13, 2006, 120 Stat.
    1901.)

-End-



-CITE-
    6 USC Sec. 942                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part A - General Provisions

-HEAD-
    Sec. 942. Post-incident resumption of trade

-STATUTE-
    (a) In general
      The Secretary shall develop and update, as necessary, protocols
    for the resumption of trade in accordance with section 941(b)(10)
    of this title in the event of a transportation disruption or a
    transportation security incident. The protocols shall include - 
        (1) the identification of the appropriate initial incident
      commander, if the Commandant of the Coast Guard is not the
      appropriate person, and lead departments, agencies, or offices to
      execute such protocols;
        (2) a plan to redeploy resources and personnel, as necessary,
      to reestablish the flow of trade;
        (3) a plan to provide training for the periodic instruction of
      personnel of the United States Customs and Border Protection, the
      Coast Guard, and the Transportation Security Administration in
      trade resumption functions and responsibilities; and
        (4) appropriate factors for establishing prioritization of
      vessels and cargo determined by the President to be critical for
      response and recovery, including factors relating to public
      health, national security, and economic need.
    (b) Vessels
      In determining the prioritization of vessels accessing facilities
    (as defined under section 70101 of title 46), the Commandant of the
    Coast Guard may, to the extent practicable and consistent with the
    protocols and plans required under this section to ensure the safe
    and secure transit of vessels to ports in the United States after a
    transportation security incident, give priority to a vessel - 
        (1) that has an approved security plan under section 70103(c)
      of title 46 or a valid international ship security certificate,
      as provided under part 104 of title 33, Code of Federal
      Regulations;
        (2) that is manned by individuals who are described in section
      70105(b)(2)(B) of title 46; and
        (3) that is operated by validated participants in the Customs-
      Trade Partnership Against Terrorism program.
    (c) Cargo
      In determining the prioritization of the resumption of the flow
    of cargo and consistent with the protocols established under this
    section, the Commissioner may give preference to cargo - 
        (1) entering a port of entry directly from a foreign seaport
      designated under the Container Security Initiative;
        (2) from the supply chain of a validated C-TPAT participant and
      other private sector entities, as appropriate; or
        (3) that has undergone - 
          (A) a nuclear or radiological detection scan;
          (B) an x-ray, density, or other imaging scan; and
          (C) a system to positively identify the container at the last
        port of departure prior to arrival in the United States, which
        data has been evaluated and analyzed by personnel of the United
        States Customs and Border Protection.
    (d) Coordination
      The Secretary shall ensure that there is appropriate coordination
    among the Commandant of the Coast Guard, the Commissioner, and
    other Federal officials following a maritime disruption or maritime
    transportation security incident in order to provide for the
    resumption of trade.
    (e) Communication
      Consistent with section 941 of this title, the Commandant of the
    Coast Guard, Commissioner, and other appropriate Federal officials,
    shall promptly communicate any revised procedures or instructions
    intended for the private sector following a maritime disruption or
    maritime transportation security incident.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 202, Oct. 13, 2006, 120 Stat.
    1903.)

-End-



-CITE-
    6 USC Sec. 943                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part A - General Provisions

-HEAD-
    Sec. 943. Automated Targeting System

-STATUTE-
    (a) In general
      The Secretary, acting through the Commissioner, shall - 
        (1) identify and seek the submission of data related to the
      movement of a shipment of cargo through the international supply
      chain; and
        (2) analyze the data described in paragraph (1) to identify
      high-risk cargo for inspection.
    (b) Requirement
      The Secretary, acting through the Commissioner, shall require the
    electronic transmission to the Department of additional data
    elements for improved high-risk targeting, including appropriate
    security elements of entry data, as determined by the Secretary, to
    be provided as advanced information with respect to cargo destined
    for importation into the United States prior to loading of such
    cargo on vessels at foreign seaports.
    (c) Consideration
      The Secretary, acting through the Commissioner, shall - 
        (1) consider the cost, benefit, and feasibility of - 
          (A) requiring additional nonmanifest documentation;
          (B) reducing the time period allowed by law for revisions to
        a container cargo manifest;
          (C) reducing the time period allowed by law for submission of
        certain elements of entry data, for vessel or cargo; and
          (D) such other actions the Secretary considers beneficial for
        improving the information relied upon for the Automated
        Targeting System and any successor targeting system in
        furthering the security and integrity of the international
        supply chain; and

        (2) consult with stakeholders, including the Commercial
      Operations Advisory Committee, and identify to them the need for
      such information, and the appropriate timing of its submission.
    (d) Regulations
      The Secretary shall promulgate regulations to carry out this
    section. In promulgating such regulations, the Secretary shall
    adhere to the parameters applicable to the development of
    regulations under section 343(a) of the Trade Act of 2002 (19
    U.S.C. 2071 note), including provisions relating to consultation,
    technology, analysis, use of information, confidentiality, and
    timing requirements.
    (e) System improvements
      The Secretary, acting through the Commissioner, shall - 
        (1) conduct, through an independent panel, a review of the
      effectiveness and capabilities of the Automated Targeting System;
        (2) consider future iterations of the Automated Targeting
      System, which would incorporate smart features, such as more
      complex algorithms and real-time intelligence, instead of relying
      solely on rule sets that are periodically updated;
        (3) ensure that the Automated Targeting System has the
      capability to electronically compare manifest and other available
      data for cargo entered into or bound for the United States to
      detect any significant anomalies between such data and facilitate
      the resolution of such anomalies;
        (4) ensure that the Automated Targeting System has the
      capability to electronically identify, compile, and compare
      select data elements for cargo entered into or bound for the
      United States following a maritime transportation security
      incident, in order to efficiently identify cargo for increased
      inspection or expeditious release; and
        (5) develop a schedule to address the recommendations of the
      Comptroller General of the United States, the Inspector General
      of the Department of the Treasury, and the Inspector General of
      the Department with respect to the operation of the Automated
      Targeting System.
    (f) Secure transmission of certain information
      All information required by the Department from supply chain
    partners shall be transmitted in a secure fashion, as determined by
    the Secretary, so as to protect the information from unauthorized
    access.
    (g) Authorization of appropriations
      There are authorized to be appropriated to the United States
    Customs and Border Protection to carry out the Automated Targeting
    System for identifying high-risk oceanborne container cargo for
    inspection - 
        (1) $33,200,000 for fiscal year 2008;
        (2) $35,700,000 for fiscal year 2009; and
        (3) $37,485,000 for fiscal year 2010.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 203, Oct. 13, 2006, 120 Stat.
    1904.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 343(a) of the Trade Act of 2002, referred to in subsec.
    (d), is section 343(a) of title III of div. A of Pub. L. 107-210,
    which is set out as a note under section 2071 of Title 19, Customs
    Duties.

-End-



-CITE-
    6 USC Sec. 944                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part A - General Provisions

-HEAD-
    Sec. 944. Container security standards and procedures

-STATUTE-
    (a) Establishment
      (1) In general
        Not later than 90 days after October 13, 2006, the Secretary
      shall initiate a rulemaking proceeding to establish minimum
      standards and procedures for securing containers in transit to
      the United States.
      (2) Interim rule
        Not later than 180 days after October 13, 2006, the Secretary
      shall issue an interim final rule pursuant to the proceeding
      described in paragraph (1).
      (3) Missed deadline
        If the Secretary is unable to meet the deadline established
      pursuant to paragraph (2), the Secretary shall submit a letter to
      the appropriate congressional committees explaining why the
      Secretary is unable to meet that deadline and describing what
      must be done before such minimum standards and procedures can be
      established.
      (4) Deadline for enforcement
        Not later than 2 years after the date on which the standards
      and procedures are established pursuant to paragraph (1), all
      containers bound for ports of entry in the United States shall
      meet such standards and procedures.
    (b) Review and enhancement
      The Secretary shall regularly review and enhance the standards
    and procedures established pursuant to subsection (a), as
    appropriate, based on tests of technologies as they become
    commercially available to detect container intrusion and the
    highest consequence threats, particularly weapons of mass
    destruction.
    (c) International cargo security standards
      The Secretary, in consultation with the Secretary of State, the
    Secretary of Energy, and other Federal Government officials, as
    appropriate, and with the Commercial Operations Advisory Committee,
    the Homeland Security Advisory Committee, and the National Maritime
    Security Advisory Committee, is encouraged to promote and establish
    international standards for the security of containers moving
    through the international supply chain with foreign governments and
    international organizations, including the International Maritime
    Organization, the International Organization for Standardization,
    the International Labor Organization, and the World Customs
    Organization.
    (d) International trade and other obligations
      In carrying out this section, the Secretary shall consult with
    appropriate Federal departments and agencies and private sector
    stakeholders and ensure that actions under this section do not
    violate international trade obligations or other international
    obligations of the United States.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 204, Oct. 13, 2006, 120 Stat.
    1905.)

-End-



-CITE-
    6 USC Sec. 945                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part A - General Provisions

-HEAD-
    Sec. 945. Container Security Initiative

-STATUTE-
    (a) Establishment
      The Secretary, acting through the Commissioner, shall establish
    and implement a program (referred to in this section as the
    "Container Security Initiative" or "CSI") to identify and examine
    or search maritime containers that pose a security risk before
    loading such containers in a foreign port for shipment to the
    United States, either directly or through a foreign port.
    (b) Assessment
      The Secretary, acting through the Commissioner, may designate
    foreign seaports to participate in the Container Security
    Initiative after the Secretary has assessed the costs, benefits,
    and other factors associated with such designation, including - 
        (1) the level of risk for the potential compromise of
      containers by terrorists, or other threats as determined by the
      Secretary;
        (2) the volume of cargo being imported to the United States
      directly from, or being transshipped through, the foreign
      seaport;
        (3) the results of the Coast Guard assessments conducted
      pursuant to section 70108 of title 46;
        (4) the commitment of the government of the country in which
      the foreign seaport is located to cooperating with the Department
      in sharing critical data and risk management information and to
      maintain programs to ensure employee integrity; and
        (5) the potential for validation of security practices at the
      foreign seaport by the Department.
    (c) Notification
      The Secretary shall notify the appropriate congressional
    committees of the designation of a foreign port under the Container
    Security Initiative or the revocation of such a designation before
    notifying the public of such designation or revocation.
    (d) Negotiations
      The Secretary, in cooperation with the Secretary of State and in
    consultation with the United States Trade Representative, may enter
    into negotiations with the government of each foreign nation in
    which a seaport is designated under the Container Security
    Initiative to ensure full compliance with the requirements under
    the Container Security Initiative.
    (e) Overseas inspections
      (1) Requirements and procedures
        The Secretary shall - 
          (A) establish minimum technical capability criteria and
        standard operating procedures for the use of nonintrusive
        inspection and nuclear and radiological detection systems in
        conjunction with CSI;
          (B) require each port designated under CSI to operate
        nonintrusive inspection and nuclear and radiological detection
        systems in accordance with the technical capability criteria
        and standard operating procedures established under
        subparagraph (A);
          (C) continually monitor the technologies, processes, and
        techniques used to inspect cargo at ports designated under CSI
        to ensure adherence to such criteria and the use of such
        procedures; and
          (D) consult with the Secretary of Energy in establishing the
        minimum technical capability criteria and standard operating
        procedures established under subparagraph (A) pertaining to
        radiation detection technologies to promote consistency in
        detection systems at foreign ports designated under CSI.
      (2) Constraints
        The criteria and procedures established under paragraph (1)(A) -
       
          (A) shall be consistent, as practicable, with relevant
        standards and procedures utilized by other Federal departments
        or agencies, or developed by international bodies if the United
        States consents to such standards and procedures;
          (B) shall not apply to activities conducted under the
        Megaports Initiative of the Department of Energy; and
          (C) shall not be designed to endorse the product or
        technology of any specific company or to conflict with the
        sovereignty of a country in which a foreign seaport designated
        under the Container Security Initiative is located.
    (f) Savings provision
      The authority of the Secretary under this section shall not
    affect any authority or duplicate any efforts or responsibilities
    of the Federal Government with respect to the deployment of
    radiation detection equipment outside of the United States.
    (g) Coordination
      The Secretary shall - 
        (1) coordinate with the Secretary of Energy, as necessary, to
      provide radiation detection equipment required to support the
      Container Security Initiative through the Department of Energy's
      Second Line of Defense Program and Megaports Initiative; or
        (2) work with the private sector or host governments, when
      possible, to obtain radiation detection equipment that meets the
      Department's and the Department of Energy's technical
      specifications for such equipment.
    (h) Staffing
      The Secretary shall develop a human capital management plan to
    determine adequate staffing levels in the United States and in
    foreign seaports including, as appropriate, the remote location of
    personnel in countries in which foreign seaports are designated
    under the Container Security Initiative.
    (i) Annual discussions
      The Secretary, in coordination with the appropriate Federal
    officials, shall hold annual discussions with foreign governments
    of countries in which foreign seaports designated under the
    Container Security Initiative are located regarding best practices,
    technical assistance, training needs, and technological
    developments that will assist in ensuring the efficient and secure
    movement of international cargo.
    (j) Lesser risk port
      The Secretary, acting through the Commissioner, may treat cargo
    loaded in a foreign seaport designated under the Container Security
    Initiative as presenting a lesser risk than similar cargo loaded in
    a foreign seaport that is not designated under the Container
    Security Initiative, for the purpose of clearing such cargo into
    the United States.
    (k) Prohibition
      (1) In general
        The Secretary shall issue a "do not load" order, using existing
      authorities, to prevent the onload of any cargo loaded at a port
      designated under CSI that has been identified as high risk,
      including by the Automated Targeting System, unless the cargo is
      determined to no longer be high risk through - 
          (A) a scan of the cargo with nonintrusive imaging equipment
        and radiation detection equipment;
          (B) a search of the cargo; or
          (C) additional information received by the Department.
      (2) Rule of construction
        Nothing in this subsection shall be construed to interfere with
      the ability of the Secretary to deny entry of any cargo into the
      United States.
    (l) Report
      (1) In general
        Not later than September 30, 2007, the Secretary, acting
      through the Commissioner, shall, in consultation with other
      appropriate government officials and the Commercial Operations
      Advisory Committee, submit a report to the appropriate
      congressional committees on the effectiveness of, and the need
      for any improvements to, the Container Security Initiative. The
      report shall include - 
          (A) a description of the technical assistance delivered to,
        as well as needed at, each designated seaport;
          (B) a description of the human capital management plan at
        each designated seaport;
          (C) a summary of the requests made by the United States to
        foreign governments to conduct physical or nonintrusive
        inspections of cargo at designated seaports, and whether each
        such request was granted or denied by the foreign government;
          (D) an assessment of the effectiveness of screening,
        scanning, and inspection protocols and technologies utilized at
        designated seaports and the effect on the flow of commerce at
        such seaports, as well as any recommendations for improving the
        effectiveness of screening, scanning, and inspection protocols
        and technologies utilized at designated seaports;
          (E) a description and assessment of the outcome of any
        security incident involving a foreign seaport designated under
        the Container Security Initiative;
          (F) the rationale for the continuance of each port designated
        under CSI;
          (G) a description of the potential for remote targeting to
        decrease the number of personnel who are deployed at foreign
        ports under CSI; and
          (H) a summary and assessment of the aggregate number and
        extent of trade compliance lapses at each seaport designated
        under the Container Security Initiative.
      (2) Updated report
        Not later than September 30, 2010, the Secretary, acting
      through the Commissioner, shall, in consultation with other
      appropriate government officials and the Commercial Operations
      Advisory Committee, submit an updated report to the appropriate
      congressional committees on the effectiveness of, and the need
      for any improvements to, the Container Security Initiative. The
      updated report shall address each of the elements required to be
      included in the report provided for under paragraph (1).
    (m) Authorization of appropriations
      There are authorized to be appropriated to the United States
    Customs and Border Protection to carry out the provisions of this
    section - 
        (1) $144,000,000 for fiscal year 2008;
        (2) $146,000,000 for fiscal year 2009; and
        (3) $153,300,000 for fiscal year 2010.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 205, Oct. 13, 2006, 120 Stat.
    1906.)

-End-


-CITE-
    6 USC Part B - Customs-Trade Partnership Against Terrorism   01/03/2007 

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
           PART B - CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM       

-End-



-CITE-
    6 USC Sec. 961                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 961. Establishment

-STATUTE-
    (a) Establishment
      The Secretary, acting through the Commissioner, is authorized to
    establish a voluntary government-private sector program (to be
    known as the "Customs-Trade Partnership Against Terrorism" or "C-
    TPAT") to strengthen and improve the overall security of the
    international supply chain and United States border security, and
    to facilitate the movement of secure cargo through the
    international supply chain, by providing benefits to participants
    meeting or exceeding the program requirements. Participants in C-
    TPAT shall include Tier 1 participants, Tier 2 participants, and
    Tier 3 participants.
    (b) Minimum security requirements
      The Secretary, acting through the Commissioner, shall review the
    minimum security requirements of C-TPAT at least once every year
    and update such requirements as necessary.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 211, Oct. 13, 2006, 120 Stat.
    1909.)

-End-



-CITE-
    6 USC Sec. 962                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 962. Eligible entities

-STATUTE-
      Importers, customs brokers, forwarders, air, sea, land carriers,
    contract logistics providers, and other entities in the
    international supply chain and intermodal transportation system are
    eligible to apply to voluntarily enter into partnerships with the
    Department under C-TPAT.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 212, Oct. 13, 2006, 120 Stat.
    1909.)

-End-



-CITE-
    6 USC Sec. 963                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 963. Minimum requirements

-STATUTE-
      An applicant seeking to participate in C-TPAT shall - 
        (1) demonstrate a history of moving cargo in the international
      supply chain;
        (2) conduct an assessment of its supply chain based upon
      security criteria established by the Secretary, acting through
      the Commissioner, including - 
          (A) business partner requirements;
          (B) container security;
          (C) physical security and access controls;
          (D) personnel security;
          (E) procedural security;
          (F) security training and threat awareness; and
          (G) information technology security;

        (3) implement and maintain security measures and supply chain
      security practices meeting security criteria established by the
      Commissioner; and
        (4) meet all other requirements established by the
      Commissioner, in consultation with the Commercial Operations
      Advisory Committee.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 213, Oct. 13, 2006, 120 Stat.
    1909.)

-End-



-CITE-
    6 USC Sec. 964                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 964. Tier 1 participants in C-TPAT

-STATUTE-
    (a) Benefits
      The Secretary, acting through the Commissioner, shall offer
    limited benefits to a Tier 1 participant who has been certified in
    accordance with the guidelines referred to in subsection (b). Such
    benefits may include a reduction in the score assigned pursuant to
    the Automated Targeting System of not greater than 20 percent of
    the high-risk threshold established by the Secretary.
    (b) Guidelines
      Not later than 180 days after October 13, 2006, the Secretary,
    acting through the Commissioner, shall update the guidelines for
    certifying a C-TPAT participant's security measures and supply
    chain security practices under this section. Such guidelines shall
    include a background investigation and extensive documentation
    review.
    (c) Timeframe
      To the extent practicable, the Secretary, acting through the
    Commissioner, shall complete the Tier 1 certification process
    within 90 days of receipt of an application for participation in C-
    TPAT.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 214, Oct. 13, 2006, 120 Stat.
    1910.)

-End-



-CITE-
    6 USC Sec. 965                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 965. Tier 2 participants in C-TPAT

-STATUTE-
    (a) Validation
      The Secretary, acting through the Commissioner, shall validate
    the security measures and supply chain security practices of a Tier
    1 participant in accordance with the guidelines referred to in
    subsection (c). Such validation shall include on-site assessments
    at appropriate foreign locations utilized by the Tier 1 participant
    in its supply chain and shall, to the extent practicable, be
    completed not later than 1 year after certification as a Tier 1
    participant.
    (b) Benefits
      The Secretary, acting through the Commissioner, shall extend
    benefits to each C-TPAT participant that has been validated as a
    Tier 2 participant under this section, which may include - 
        (1) reduced scores in the Automated Targeting System;
        (2) reduced examinations of cargo; and
        (3) priority searches of cargo.
    (c) Guidelines
      Not later than 180 days after October 13, 2006, the Secretary,
    acting through the Commissioner, shall develop a schedule and
    update the guidelines for validating a participant's security
    measures and supply chain security practices under this section.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 215, Oct. 13, 2006, 120 Stat.
    1910.)

-End-



-CITE-
    6 USC Sec. 966                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 966. Tier 3 participants in C-TPAT

-STATUTE-
    (a) In general
      The Secretary, acting through the Commissioner, shall establish a
    third tier of C-TPAT participation that offers additional benefits
    to participants who demonstrate a sustained commitment to
    maintaining security measures and supply chain security practices
    that exceed the guidelines established for validation as a Tier 2
    participant in C-TPAT under section 965 of this title.
    (b) Criteria
      The Secretary, acting through the Commissioner, shall designate
    criteria for validating a C-TPAT participant as a Tier 3
    participant under this section. Such criteria may include - 
        (1) compliance with any additional guidelines established by
      the Secretary that exceed the guidelines established pursuant to
      section 965 of this title for validating a C-TPAT participant as
      a Tier 2 participant, particularly with respect to controls over
      access to cargo throughout the supply chain;
        (2) submission of additional information regarding cargo prior
      to loading, as determined by the Secretary;
        (3) utilization of container security devices, technologies,
      policies, or practices that meet standards and criteria
      established by the Secretary; and
        (4) compliance with any other cargo requirements established by
      the Secretary.
    (c) Benefits
      The Secretary, acting through the Commissioner, in consultation
    with the Commercial Operations Advisory Committee and the National
    Maritime Security Advisory Committee, shall extend benefits to each
    C-TPAT participant that has been validated as a Tier 3 participant
    under this section, which may include - 
        (1) the expedited release of a Tier 3 participant's cargo in
      destination ports within the United States during all threat
      levels designated by the Secretary;
        (2) further reduction in examinations of cargo;
        (3) priority for examinations of cargo; and
        (4) further reduction in the risk score assigned pursuant to
      the Automated Targeting System; and
        (5) inclusion in joint incident management exercises, as
      appropriate.
    (d) Deadline
      Not later than 2 years after October 13, 2006, the Secretary,
    acting through the Commissioner, shall designate appropriate
    criteria pursuant to subsection (b) and provide benefits to
    validated Tier 3 participants pursuant to subsection (c).

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 216, Oct. 13, 2006, 120 Stat.
    1910.)

-End-



-CITE-
    6 USC Sec. 967                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 967. Consequences for lack of compliance

-STATUTE-
    (a) In general
      If at any time a C-TPAT participant's security measures and
    supply chain security practices fail to meet any of the
    requirements under this part, the Commissioner may deny the
    participant benefits otherwise available under this part, in whole
    or in part. The Commissioner shall develop procedures that provide
    appropriate protections to C-TPAT participants before benefits are
    revoked. Such procedures may not limit the ability of the
    Commissioner to take actions to protect the national security of
    the United States.
    (b) False or misleading information
      If a C-TPAT participant knowingly provides false or misleading
    information to the Commissioner during the validation process
    provided for under this part, the Commissioner shall suspend or
    expel the participant from C-TPAT for an appropriate period of
    time. The Commissioner, after the completion of the process under
    subsection (c), may publish in the Federal Register a list of
    participants who have been suspended or expelled from C-TPAT
    pursuant to this subsection, and may make such list available to C-
    TPAT participants.
    (c) Right of appeal
      (1) In general
        A C-TPAT participant may appeal a decision of the Commissioner
      pursuant to subsection (a). Such appeal shall be filed with the
      Secretary not later than 90 days after the date of the decision,
      and the Secretary shall issue a determination not later than 180
      days after the appeal is filed.
      (2) Appeals of other decisions
        A C-TPAT participant may appeal a decision of the Commissioner
      pursuant to subsection (b). Such appeal shall be filed with the
      Secretary not later than 30 days after the date of the decision,
      and the Secretary shall issue a determination not later than 180
      days after the appeal is filed.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 217, Oct. 13, 2006, 120 Stat.
    1911.)

-End-



-CITE-
    6 USC Sec. 968                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 968. Third party validations

-STATUTE-
    (a) Plan
      The Secretary, acting through the Commissioner, shall develop a
    plan to implement a 1-year voluntary pilot program to test and
    assess the feasibility, costs, and benefits of using third party
    entities to conduct validations of C-TPAT participants.
    (b) Consultations
      Not later than 120 days after October 13, 2006, after consulting
    with private sector stakeholders, including the Commercial
    Operations Advisory Committee, the Secretary shall submit a report
    to the appropriate congressional committees on the plan described
    in subsection (a).
    (c) Pilot program
      (1) In general
        Not later than 1 year after the consultations described in
      subsection (b), the Secretary shall carry out the 1-year pilot
      program to conduct validations of C-TPAT participants using third
      party entities described in subsection (a).
      (2) Authority of the Secretary
        The decision to validate a C-TPAT participant is solely within
      the discretion of the Secretary, or the Secretary's designee.
    (d) Certification of third party entities
      The Secretary shall certify a third party entity to conduct
    validations under subsection (c) if the entity - 
        (1) demonstrates to the satisfaction of the Secretary that the
      entity has the ability to perform validations in accordance with
      standard operating procedures and requirements designated by the
      Secretary; and
        (2) agrees - 
          (A) to perform validations in accordance with such standard
        operating procedures and requirements (and updates to such
        procedures and requirements); and
          (B) to maintain liability insurance coverage at policy limits
        and in accordance with conditions to be established by the
        Secretary; and

        (3) signs an agreement to protect all proprietary information
      of C-TPAT participants with respect to which the entity will
      conduct validations.
    (e) Information for establishing limits of liability insurance
      A third party entity seeking a certificate under subsection (d)
    shall submit to the Secretary necessary information for
    establishing the limits of liability insurance required to be
    maintained by the entity under this Act.
    (f) Additional requirements
      The Secretary shall ensure that - 
        (1) any third party entity certified under this section does
      not have - 
          (A) any beneficial interest in or any direct or indirect
        control over the C-TPAT participant for which the validation
        services are performed; or
          (B) any other conflict of interest with respect to the C-TPAT
        participant; and

        (2) the C-TPAT participant has entered into a contract with the
      third party entity under which the C-TPAT participant agrees to
      pay all costs associated with the validation.
    (g) Monitoring
      (1) In general
        The Secretary shall regularly monitor and inspect the
      operations of a third party entity conducting validations under
      subsection (c) to ensure that the entity is meeting the minimum
      standard operating procedures and requirements for the validation
      of C-TPAT participants established by the Secretary and all other
      applicable requirements for validation services.
      (2) Revocation
        If the Secretary determines that a third party entity is not
      meeting the minimum standard operating procedures and
      requirements designated by the Secretary under subsection (d)(1),
      the Secretary shall - 
          (A) revoke the entity's certificate of conformance issued
        under subsection (d)(1); and
          (B) review any validations conducted by the entity.
    (h) Limitation on authority
      The Secretary may only grant a C-TPAT validation by a third party
    entity pursuant to subsection (c) if the C-TPAT participant
    voluntarily submits to validation by such third party entity.
    (i) Report
      Not later than 30 days after the completion of the pilot program
    conducted pursuant to subsection (c), the Secretary shall submit a
    report to the appropriate congressional committees that contains - 
        (1) the results of the pilot program, including the extent to
      which the pilot program ensured sufficient protection for
      proprietary commercial information;
        (2) the cost and efficiency associated with validations under
      the pilot program;
        (3) the impact of the pilot program on the rate of validations
      conducted under C-TPAT;
        (4) any impact on national security of the pilot program; and
        (5) any recommendations by the Secretary based upon the results
      of the pilot program.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 218, Oct. 13, 2006, 120 Stat.
    1912.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (e), is Pub. L. 109-347, Oct.
    13, 2006, 120 Stat. 1884, known as the Security and Accountability
    For Every Port Act of 2006 or the SAFE Port Act. For complete
    classification of this Act to the Code, see Tables.

-End-



-CITE-
    6 USC Sec. 969                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 969. Revalidation

-STATUTE-
      The Secretary, acting through the Commissioner, shall develop and
    implement - 
        (1) a revalidation process for Tier 2 and Tier 3 participants;
        (2) a framework based upon objective criteria for identifying
      participants for periodic revalidation not less frequently than
      once during each 4-year period following the initial validation;
      and
        (3) an annual plan for revalidation that includes - 
          (A) performance measures;
          (B) an assessment of the personnel needed to perform the
        revalidations; and
          (C) the number of participants that will be revalidated
        during the following year.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 219, Oct. 13, 2006, 120 Stat.
    1913.)

-End-



-CITE-
    6 USC Sec. 970                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 970. Noncontainerized cargo

-STATUTE-
      The Secretary, acting through the Commissioner, shall consider
    the potential for participation in C-TPAT by importers of
    noncontainerized cargoes that otherwise meet the requirements under
    this part.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 220, Oct. 13, 2006, 120 Stat.
    1914.)

-End-



-CITE-
    6 USC Sec. 971                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 971. C-TPAT program management

-STATUTE-
    (a) In general
      The Secretary, acting through the Commissioner, shall establish
    sufficient internal quality controls and record management to
    support the management systems of C-TPAT. In managing the program,
    the Secretary shall ensure that the program includes:
      (1) Strategic plan
        A 5-year plan to identify outcome-based goals and performance
      measures of the program.
      (2) Annual plan
        An annual plan for each fiscal year designed to match available
      resources to the projected workload.
      (3) Standardized work program
        A standardized work program to be used by agency personnel to
      carry out the certifications, validations, and revalidations of
      participants. The Secretary shall keep records and monitor staff
      hours associated with the completion of each such review.
    (b) Documentation of reviews
      The Secretary, acting through the Commissioner, shall maintain a
    record management system to document determinations on the reviews
    of each C-TPAT participant, including certifications, validations,
    and revalidations.
    (c) Confidential information safeguards
      In consultation with the Commercial Operations Advisory
    Committee, the Secretary, acting through the Commissioner, shall
    develop and implement procedures to ensure the protection of
    confidential data collected, stored, or shared with government
    agencies or as part of the application, certification, validation,
    and revalidation processes.
    (d) Resource management staffing plan
      The Secretary, acting through the Commissioner, shall - 
        (1) develop a staffing plan to recruit and train staff
      (including a formalized training program) to meet the objectives
      identified in the strategic plan of the C-TPAT program; and
        (2) provide cross-training in postincident trade resumption for
      personnel who administer the C-TPAT program.
    (e) Report to Congress
      In connection with the President's annual budget submission for
    the Department, the Secretary shall report to the appropriate
    congressional committees on the progress made by the Commissioner
    to certify, validate, and revalidate C-TPAT participants. Such
    report shall be due on the same date that the President's budget is
    submitted to the Congress.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 221, Oct. 13, 2006, 120 Stat.
    1914.)

-End-



-CITE-
    6 USC Sec. 972                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 972. Additional personnel

-STATUTE-
      For fiscal years 2008 and 2009, the Commissioner shall increase
    by not less than 50 the number of full-time personnel engaged in
    the validation and revalidation of C-TPAT participants (over the
    number of such personnel on the last day of the previous fiscal
    year), and shall provide appropriate training and support to such
    additional personnel.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 222, Oct. 13, 2006, 120 Stat.
    1914.)

-End-



-CITE-
    6 USC Sec. 973                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part B - Customs-Trade Partnership Against Terrorism

-HEAD-
    Sec. 973. Authorization of appropriations

-STATUTE-
    (a) C-TPAT
      There are authorized to be appropriated to the United States
    Customs and Border Protection to carry out the provisions of
    sections 961 through 971 of this title to remain available until
    expended - 
        (1) $65,000,000 for fiscal year 2008;
        (2) $72,000,000 for fiscal year 2009; and
        (3) $75,600,000 for fiscal year 2010.
    (b) Additional personnel
      In addition to any amounts otherwise appropriated to the United
    States Customs and Border Protection, there are authorized to be
    appropriated for the purpose of meeting the staffing requirement
    provided for in section 972 of this title, to remain available
    until expended - 
        (1) $8,500,000 for fiscal year 2008;
        (2) $17,600,000 for fiscal year 2009;
        (3) $19,000,000 for fiscal year 2010;
        (4) $20,000,000 for fiscal year 2011; and
        (5) $21,000,000 for fiscal year 2012.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 223, Oct. 13, 2006, 120 Stat.
    1915.)

-End-


-CITE-
    6 USC Part C - Miscellaneous Provisions                     01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part C - Miscellaneous Provisions

-HEAD-
                     PART C - MISCELLANEOUS PROVISIONS                 

-End-



-CITE-
    6 USC Sec. 981                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 981. Pilot integrated scanning system

-STATUTE-
    (a) Designations
      Not later than 90 days after October 13, 2006, the Secretary
    shall designate 3 foreign seaports through which containers pass or
    are transshipped to the United States for the establishment of
    pilot integrated scanning systems that couple nonintrusive imaging
    equipment and radiation detection equipment. In making the
    designations under this subsection, the Secretary shall consider 3
    distinct ports with unique features and differing levels of trade
    volume.
    (b) Coordination
      The Secretary shall - 
        (1) coordinate with the Secretary of Energy, as necessary, to
      provide radiation detection equipment through the Department of
      Energy's Second Line of Defense and Megaports programs; or
        (2) work with the private sector or, when possible, host
      governments to obtain radiation detection equipment that meets
      both the Department's and the Department of Energy's technical
      specifications for such equipment.
    (c) Pilot system implementation
      Not later than 1 year after October 13, 2006, the Secretary shall
    achieve a full-scale implementation of the pilot integrated
    scanning system at the ports designated under subsection (a), which
    - 
        (1) shall scan all containers destined for the United States
      that are loaded in such ports;
        (2) shall electronically transmit the images and information to
      appropriate United States Government personnel in the country in
      which the port is located or in the United States for evaluation
      and analysis;
        (3) shall resolve every radiation alarm according to
      established Department procedures;
        (4) shall utilize the information collected to enhance the
      Automated Targeting System or other relevant programs;
        (5) shall store the information for later retrieval and
      analysis; and
        (6) may provide an automated notification of questionable or
      high-risk cargo as a trigger for further inspection by
      appropriately trained personnel.
    (d) Report
      Not later than 180 days after achieving full-scale implementation
    under subsection (c), the Secretary, in consultation with the
    Secretary of State and, as appropriate, the Secretary of Energy,
    shall submit a report to the appropriate congressional committees,
    that includes - 
        (1) an evaluation of the lessons derived from the pilot system
      implemented under this subsection;
        (2) an analysis of the efficacy of the Automated Targeting
      System or other relevant programs in utilizing the images
      captured to examine high-risk containers;
        (3) an evaluation of the effectiveness of the integrated
      scanning system in detecting shielded and unshielded nuclear and
      radiological material;
        (4) an evaluation of software and other technologies that are
      capable of automatically identifying potential anomalies in
      scanned containers; and
        (5) an analysis of the need and feasibility of expanding the
      integrated scanning system to other container security initiative
      ports, including - 
          (A) an analysis of the infrastructure requirements;
          (B) a projection of the effect on current average processing
        speed of containerized cargo;
          (C) an evaluation of the scalability of the system to meet
        both current and future forecasted trade flows;
          (D) the ability of the system to automatically maintain and
        catalog appropriate data for reference and analysis in the
        event of a transportation disruption;
          (E) an analysis of requirements, including costs, to install
        and maintain an integrated scanning system;
          (F) the ability of administering personnel to efficiently
        manage and utilize the data produced by a nonintrusive scanning
        system;
          (G) the ability to safeguard commercial data generated by, or
        submitted to, a nonintrusive scanning system; and
          (H) an assessment of the reliability of currently available
        technology to implement an integrated scanning system.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 231, Oct. 13, 2006, 120 Stat.
    1915.)

-End-



-CITE-
    6 USC Sec. 981a                                             01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 981a. Pilot integrated scanning system

-STATUTE-
    (a) Designations
      (1) In general
        Not later than 90 days after October 4, 2006, the Secretary of
      Homeland Security (referred to in this section as the
      "Secretary") shall designate three foreign seaports through which
      containers pass or are transshipped to the United States to pilot
      an integrated scanning system that couples nonintrusive imaging
      equipment and radiation detection equipment, which may be
      provided by the Megaports Initiative of the Department of Energy.
      In making designations under this subsection, the Secretary shall
      consider three distinct ports with unique features and differing
      levels of trade volume.
      (2) Collaboration and cooperation
        The Secretary shall collaborate with the Secretary of Energy
      and cooperate with the private sector and host foreign government
      to implement the pilot program under this subsection.
    (b) Implementation
      Not later than one year after October 4, 2006, the Secretary
    shall achieve a full-scale implementation of the pilot integrated
    screening system, which shall - 
        (1) scan all containers destined for the United States that
      transit through the terminal;
        (2) electronically transmit the images and information to the
      container security initiative personnel in the host country
      and/or Customs and Border Protection personnel in the United
      States for evaluation and analysis;
        (3) resolve every radiation alarm according to established
      Department procedures;
        (4) utilize the information collected to enhance the Automated
      Targeting System or other relevant programs; and
        (5) store the information for later retrieval and analysis.
    (c) Evaluation
      The Secretary shall evaluate the pilot program in subsection (b)
    to determine whether such a system - 
        (1) has a sufficiently low false alarm rate for use in the
      supply chain;
        (2) is capable of being deployed and operated at ports
      overseas, including consideration of cost, personnel, and
      infrastructure required to operate the system;
        (3) is capable of integrating, where necessary, with existing
      systems;
        (4) does not significantly impact trade capacity and flow of
      cargo at foreign or United States ports; and
        (5) provides an automated notification of questionable or high-
      risk cargo as a trigger for further inspection by appropriately
      trained personnel.
    (d) Report
      Not later than 120 days after achieving full-scale implementation
    under subsection (b), the Secretary, in consultation with the
    Secretary of Energy and the Secretary of State, shall submit a
    report, to the appropriate congressional committees, that includes -
     
        (1) an evaluation of the lessons derived from the pilot program
      implemented under this section;
        (2) an analysis of the efficacy of the Automated Targeted
      System or other relevant programs in utilizing the images
      captured to examine high-risk containers;
        (3) an evaluation of software that is capable of automatically
      identifying potential anomalies in scanned containers; and
        (4) a plan and schedule to expand the integrated scanning
      system developed under this section to other container security
      initiative ports.
    (e) Implementation
      If the Secretary determines the available technology meets the
    criteria outlined in subsection (c), the Secretary, in cooperation
    with the Secretary of State, shall seek to secure the cooperation
    of foreign governments to initiate and maximize the use of such
    technology at foreign ports to scan all cargo bound for the United
    States as quickly as possible.

-SOURCE-
    (Pub. L. 109-295, title V, Sec. 558, Oct. 4, 2006, 120 Stat. 1392.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of Homeland
    Security Appropriations Act, 2007, and not as part of the Security
    and Accountability For Every Port Act of 2006, also known as the
    SAFE Port Act, which comprises this chapter.

-End-



-CITE-
    6 USC Sec. 982                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 982. Screening and scanning of cargo containers

-STATUTE-
    (a) One hundred percent screening of cargo containers and 100
      percent scanning of high-risk containers
      (1) Screening of cargo containers
        The Secretary shall ensure that 100 percent of the cargo
      containers originating outside the United States and unloaded at
      a United States seaport undergo a screening to identify high-risk
      containers.
      (2) Scanning of high-risk containers
        The Secretary shall ensure that 100 percent of the containers
      that have been identified as high-risk under paragraph (1), or
      through other means, are scanned or searched before such
      containers leave a United States seaport facility.
    (b) Full-scale implementation
      The Secretary, in coordination with the Secretary of Energy and
    foreign partners, as appropriate, shall ensure integrated scanning
    systems are fully deployed to scan, using nonintrusive imaging
    equipment and radiation detection equipment, all containers
    entering the United States before such containers arrive in the
    United States as soon as possible, but not before the Secretary
    determines that the integrated scanning system - 
        (1) meets the requirements set forth in section 981(c) of this
      title;
        (2) has a sufficiently low false alarm rate for use in the
      supply chain;
        (3) is capable of being deployed and operated at ports
      overseas;
        (4) is capable of integrating, as necessary, with existing
      systems;
        (5) does not significantly impact trade capacity and flow of
      cargo at foreign or United States ports; and
        (6) provides an automated notification of questionable or high-
      risk cargo as a trigger for further inspection by appropriately
      trained personnel.
    (c) Report
      Not later than 6 months after the submission of a report under
    section 981(d) of this title, and every 6 months thereafter, the
    Secretary shall submit a report to the appropriate congressional
    committees describing the status of full-scale deployment under
    subsection (b) and the cost of deploying the system at each foreign
    port at which the integrated scanning systems are deployed.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 232, Oct. 13, 2006, 120 Stat.
    1916.)

-End-



-CITE-
    6 USC Sec. 983                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 983. Inspection technology and training

-STATUTE-
    (1) In general
      The Secretary, in coordination with the Secretary of State, the
    Secretary of Energy, and appropriate representatives of other
    Federal agencies, may provide technical assistance, equipment, and
    training to facilitate the implementation of supply chain security
    measures at ports designated under the Container Security
    Initiative.
    (2) Acquisition and training
      Unless otherwise prohibited by law, the Secretary may - 
        (A) lease, loan, provide, or otherwise assist in the deployment
      of nonintrusive inspection and radiation detection equipment at
      foreign land and sea ports under such terms and conditions as the
      Secretary prescribes, including nonreimbursable loans or the
      transfer of ownership of equipment; and
        (B) provide training and technical assistance for domestic or
      foreign personnel responsible for operating or maintaining such
      equipment.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 233(a), Oct. 13, 2006, 120 Stat.
    1917.)

-End-



-CITE-
    6 USC Sec. 984                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 984. Pilot program to improve the security of empty containers

-STATUTE-
    (a) In general
      The Secretary shall conduct a 1-year pilot program to assess the
    risk posed by and improve the security of empty containers at
    United States seaports to ensure the safe and secure delivery of
    cargo and to prevent potential acts of terrorism involving such
    containers. The pilot program shall include the use of visual
    searches of empty containers at United States seaports.
    (b) Report
      Not later than 90 days after the completion of the pilot program
    under paragraph (1), the Secretary shall prepare and submit to the
    appropriate congressional committees a report that contains - 
        (1) the results of the pilot program; and
        (2) the determination of the Secretary on whether to expand the
      pilot program.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 235, Oct. 13, 2006, 120 Stat.
    1919.)

-End-



-CITE-
    6 USC Sec. 985                                              01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
    Part C - Miscellaneous Provisions

-HEAD-
    Sec. 985. Information sharing relating to supply chain security
      cooperation

-STATUTE-
    (a) Purposes
      The purposes of this section are - 
        (1) to establish continuing liaison and to provide for supply
      chain security cooperation between Department and the private
      sector; and
        (2) to provide for regular and timely interchange of
      information between the private sector and the Department
      concerning developments and security risks in the supply chain
      environment.
    (b) System
      The Secretary shall develop a system to collect from and share
    appropriate risk information related to the supply chain with the
    private sector entities determined appropriate by the Secretary.
    (c) Consultation
      In developing the system under subsection (b), the Secretary
    shall consult with the Commercial Operations Advisory Committee and
    a broad range of public and private sector entities likely to
    utilize the system, including importers, exporters, carriers,
    customs brokers, and freight forwarders, among other parties.
    (d) Independently obtained information
      Nothing in this section shall be construed to limit or otherwise
    affect the ability of a Federal, State, or local government entity,
    under applicable law, to obtain supply chain security information,
    including any information lawfully and properly disclosed generally
    or broadly to the public and to use such information in any manner
    permitted by law.
    (e) Authority to issue warnings
      The Secretary may provide advisories, alerts, and warnings to
    relevant companies, targeted sectors, other governmental entities,
    or the general public regarding potential risks to the supply chain
    as appropriate. In issuing a warning, the Secretary shall take
    appropriate actions to protect from disclosure - 
        (1) the source of any voluntarily submitted supply chain
      security information that forms the basis for the warning; and
        (2) information that is proprietary, business sensitive,
      relates specifically to the submitting person or entity, or is
      otherwise not appropriately in the public domain.

-SOURCE-
    (Pub. L. 109-347, title II, Sec. 236, Oct. 13, 2006, 120 Stat.
    1919.)

-End-


-CITE-
    6 USC SUBCHAPTER III - ADMINISTRATION                       01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
                      SUBCHAPTER III - ADMINISTRATION                  

-End-



-CITE-
    6 USC Sec. 1001                                             01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1001. Designation of liaison office of Department of State

-STATUTE-
      The Secretary of State shall designate a liaison office within
    the Department of State to assist the Secretary, as appropriate, in
    negotiating cargo security-related international agreements.

-SOURCE-
    (Pub. L. 109-347, title III, Sec. 301(b), Oct. 13, 2006, 120 Stat.
    1920.)


-MISC1-
                           RULE OF CONSTRUCTION                       
      Nothing in this section to be construed to affect the
    authorities, functions, or capabilities of the Coast Guard to
    perform its missions or the requirement under section 468 of this
    title that those authorities, functions, and capabilities be
    maintained intact, see section 301(c) of Pub. L. 109-347, set out
    as a note under section 239 of this title.

-End-



-CITE-
    6 USC Sec. 1002                                             01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1002. Homeland Security Science and Technology Advisory
      Committee

-STATUTE-
      The Under Secretary for Science and Technology shall utilize the
    Homeland Security Science and Technology Advisory Committee, as
    appropriate, to provide outside expertise in advancing cargo
    security technology.

-SOURCE-
    (Pub. L. 109-347, title III, Sec. 302(c), Oct. 13, 2006, 120 Stat.
    1921.)

-End-



-CITE-
    6 USC Sec. 1003                                             01/03/2007

-EXPCITE-
    TITLE 6 - DOMESTIC SECURITY
    CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    SUBCHAPTER III - ADMINISTRATION

-HEAD-
    Sec. 1003. Research, development, test, and evaluation efforts in
      furtherance of maritime and cargo security

-STATUTE-
    (a) In general
      The Secretary shall - 
        (1) direct research, development, testing, and evaluation
      efforts in furtherance of maritime and cargo security;
        (2) coordinate with public and private sector entities to
      develop and test technologies, and process innovations in
      furtherance of these objectives; and
        (3) evaluate such technologies.
    (b) Coordination
      The Secretary, in coordination with the Under Secretary for
    Science and Technology, the Assistant Secretary for Policy, the
    Commandant of the Coast Guard, the Director for Domestic Nuclear
    Detection, the Chief Financial Officer, and the heads of other
    appropriate offices or entities of the Department, shall ensure
    that - 
        (1) research, development, testing, and evaluation efforts
      funded by the Department in furtherance of maritime and cargo
      security are coordinated within the Department and with other
      appropriate Federal agencies to avoid duplication of efforts; and
        (2) the results of such efforts are shared throughout the
      Department and with other Federal, State, and local agencies, as
      appropriate.

-SOURCE-
    (Pub. L. 109-347, title III, Sec. 303, Oct. 13, 2006, 120 Stat.
    1921.)

-End-