dreamproit/uscode huggingface dataset:
6 U.S.C. § 911 (DOMESTIC SECURITY)
§ 911. Repealed. Pub. L. 111–281, title VIII, § 821(b), Oct. 15, 2010, 124 Stat. 3003
text: Section, Pub. L. 109–347, title I, § 113, Oct. 13, 2006, 120 Stat. 1895, established the Port Security Training Program and its requirements.
6 U.S.C. § 912 (DOMESTIC SECURITY)
§ 912. Port Security Exercise Program
(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.
(Pub. L. 109–347, title I, § 114, Oct. 13, 2006, 120 Stat. 1896.)
6 U.S.C. § 913 (DOMESTIC SECURITY)
§ 913. Facility exercise requirements
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.
(Pub. L. 109–347, title I, § 115, Oct. 13, 2006, 120 Stat. 1897.)
6 U.S.C. § 921a (DOMESTIC SECURITY)
§ 921a. Integration of detection equipment and technologies
(a) Responsibility of Secretary
The Secretary of Homeland Security shall have responsibility for ensuring that domestic chemical, biological, radiological, and nuclear detection equipment and technologies are integrated, as appropriate, with other border security systems and detection technologies.
(b) Report
Not later than 6 months after August 3, 2007, the Secretary shall submit a report to Congress that contains a plan to develop a departmental technology assessment process to determine and certify the technology readiness levels of chemical, biological, radiological, and nuclear detection technologies before the full deployment of such technologies within the United States.
(Pub. L. 110–53, title XI, § 1104, Aug. 3, 2007, 121 Stat. 380.)
heading: Codification
text: Section was enacted as part of the Implementing Recommendations of the 9/11 Commission Act of 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.
6 U.S.C. § 922 (DOMESTIC SECURITY)
§ 922. Inspection of car ferries entering from abroad
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.
(Pub. L. 109–347, title I, § 122, Oct. 13, 2006, 120 Stat. 1899.)
6 U.S.C. § 923 (DOMESTIC SECURITY)
§ 923. Random searches of containers
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.
(Pub. L. 109–347, title I, § 123, Oct. 13, 2006, 120 Stat. 1899.)
6 U.S.C. § 924 (DOMESTIC SECURITY)
§ 924. Threat assessment screening of port truck drivers
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).
(Pub. L. 109–347, title I, § 125, Oct. 13, 2006, 120 Stat. 1900.)
6 U.S.C. § 925 (DOMESTIC SECURITY)
§ 925. Border Patrol unit for United States Virgin Islands
(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).
(Pub. L. 109–347, title I, § 126, Oct. 13, 2006, 120 Stat. 1900.)
6 U.S.C. § 926 (DOMESTIC SECURITY)
§ 926. Center of Excellence for Maritime Domain Awareness
(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.
(Pub. L. 109–347, title I, § 128, Oct. 13, 2006, 120 Stat. 1900.)
6 U.S.C. § 961 (DOMESTIC SECURITY)
§ 961. Establishment
(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.
(Pub. L. 109–347, title II, § 211, Oct. 13, 2006, 120 Stat. 1909.)
6 U.S.C. § 962 (DOMESTIC SECURITY)
§ 962. Eligible entities
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.
(Pub. L. 109–347, title II, § 212, Oct. 13, 2006, 120 Stat. 1909.)
6 U.S.C. § 963 (DOMESTIC SECURITY)
§ 963. Minimum requirements
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.
(Pub. L. 109–347, title II, § 213, Oct. 13, 2006, 120 Stat. 1909.)
6 U.S.C. § 964 (DOMESTIC SECURITY)
§ 964. Tier 1 participants in C–TPAT
(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.
(Pub. L. 109–347, title II, § 214, Oct. 13, 2006, 120 Stat. 1910.)
6 U.S.C. § 965 (DOMESTIC SECURITY)
§ 965. Tier 2 participants in C–TPAT
(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.
(Pub. L. 109–347, title II, § 215, Oct. 13, 2006, 120 Stat. 1910.)
6 U.S.C. § 966 (DOMESTIC SECURITY)
§ 966. Tier 3 participants in C–TPAT
(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).
(Pub. L. 109–347, title II, § 216, Oct. 13, 2006, 120 Stat. 1910.)
6 U.S.C. § 967 (DOMESTIC SECURITY)
§ 967. Consequences for lack of compliance
(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.
(Pub. L. 109–347, title II, § 217, Oct. 13, 2006, 120 Stat. 1911.)
6 U.S.C. § 969 (DOMESTIC SECURITY)
§ 969. Revalidation
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.
(Pub. L. 109–347, title II, § 219, Oct. 13, 2006, 120 Stat. 1913.)
6 U.S.C. § 970 (DOMESTIC SECURITY)
§ 970. Noncontainerized cargo
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.
(Pub. L. 109–347, title II, § 220, Oct. 13, 2006, 120 Stat. 1914.)
6 U.S.C. § 971 (DOMESTIC SECURITY)
§ 971. C–TPAT program management
(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.
(Pub. L. 109–347, title II, § 221, Oct. 13, 2006, 120 Stat. 1914.)
6 U.S.C. § 972 (DOMESTIC SECURITY)
§ 972. Additional personnel
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.
(Pub. L. 109–347, title II, § 222, Oct. 13, 2006, 120 Stat. 1914.)
6 U.S.C. § 973 (DOMESTIC SECURITY)
§ 973. Authorization of appropriations
(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.
(Pub. L. 109–347, title II, § 223, Oct. 13, 2006, 120 Stat. 1915.)
6 U.S.C. § 983 (DOMESTIC SECURITY)
§ 983. Inspection technology and training
(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.
(Pub. L. 109–347, title II, § 233(a), Oct. 13, 2006, 120 Stat. 1917.)
6 U.S.C. § 984 (DOMESTIC SECURITY)
§ 984. Pilot program to improve the security of empty containers
(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.
(Pub. L. 109–347, title II, § 235, Oct. 13, 2006, 120 Stat. 1919.)