Supporting U.S.C.

§ 943

TITLE 6—DOMESTIC SECURITY

(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.
(Pub. L. 109–347, title II, § 202, Oct. 13, 2006, 120
Stat. 1903.)
§ 943. Automated Targeting System
(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—

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(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.

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§ 945

TITLE 6—DOMESTIC SECURITY

(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.
(Pub. L. 109–347, title II, § 203, Oct. 13, 2006, 120
Stat. 1904.)
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.

§ 944. Container security standards and procedures
(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
(A) Enforcement of rule
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) Interim requirement
If the interim final rule described in paragraph (2) is not issued by April 1, 2008, then—
(i) effective not later than October 15,
2008, all containers in transit to the United
States shall be required to meet the requirements of International Organization
for Standardization Publicly Available
Specification 17712 standard for sealing
containers; and
(ii) the requirements of this subparagraph shall cease to be effective upon the
effective date of the interim final rule issued pursuant to this subsection.
(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.
(Pub. L. 109–347, title II, § 204, Oct. 13, 2006, 120
Stat. 1905; Pub. L. 110–53, title XVII, § 1701(b),
Aug. 3, 2007, 121 Stat. 491.)
AMENDMENTS
2007—Subsec. (a)(4). Pub. L. 110–53, which directed
amendment of par. (4) by substituting ‘‘(1) Deadline for
enforcement’’ and subpar. (A) designation and heading
for ‘‘(1) Deadline for enforcement’’, was executed by inserting the subpar. (A) designation and heading before
‘‘Not later than’’ and making no change in the par. designation or heading, to reflect the probable intent of
Congress.
Subsec. (a)(4)(B). Pub. L. 110–53, § 1701(b)(2), added subpar. (B).

§ 945. Container Security Initiative
(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;