6 U.S.C. § 981 — Pilot integrated scanning system

Page 433 TITLE 6—DOMESTIC SECURITY § 981 § 970. Noncontainerized cargo The Secretary, acting through the Commis- sioner, shall consider the potential for participa- tion in C–TPAT by importers of noncontainer- ized cargoes that otherwise meet the require- ments under this part. (Pub. L. 109–347, title II, § 220, Oct. 13, 2006, 120 Stat. 1914.) § 971. C–TPAT program management (a) In general The Secretary, acting through the Commis- sioner, 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 pro- gram. (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 certifi- cations, validations, and revalidations of par- ticipants. 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 Commis- sioner, shall maintain a record management sys- tem to document determinations on the reviews of each C–TPAT participant, including certifi- cations, validations, and revalidations. (c) Confidential information safeguards In consultation with the Commercial Oper- ations Advisory Committee, the Secretary, act- ing through the Commissioner, shall develop and implement procedures to ensure the protec- tion of confidential data collected, stored, or shared with government agencies or as part of the application, certification, validation, and re- validation processes. (d) Resource management staffing plan The Secretary, acting through the Commis- sioner, 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 admin- ister the C–TPAT program. (e) Report to Congress In connection with the President’s annual budget submission for the Department, the Sec- retary shall report to the appropriate congres- sional committees on the progress made by the Commissioner to certify, validate, and revali- date C–TPAT participants. Such report shall be due on the same date that the President’s budg- et is submitted to the Congress. (Pub. L. 109–347, title II, § 221, Oct. 13, 2006, 120 Stat. 1914.) § 972. Additional personnel For fiscal years 2008 and 2009, the Commis- sioner shall increase by not less than 50 the number of full-time personnel engaged in the validation and revalidation of C–TPAT partici- pants (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.) § 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 ex- pended— (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 appro- priated to the United States Customs and Bor- der Protection, there are authorized to be appro- priated 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.) PART C—MISCELLANEOUS PROVISIONS § 981. Pilot integrated scanning system (a) Designations Not later than 90 days after October 13, 2006, the Secretary shall designate 3 foreign seaports through which containers pass or are trans- shipped to the United States for the establish- ment of pilot integrated scanning systems that couple nonintrusive imaging equipment and ra- diation detection equipment. In making the des- ignations under this subsection, the Secretary shall consider 3 distinct ports with unique fea- tures 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 Ener- gy’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 De- partment’s and the Department of Energy’s technical specifications for such equipment. Page 434 TITLE 6—DOMESTIC SECURITY § 981a (c) Pilot system implementation Not later than 1 year after October 13, 2006, the Secretary shall achieve a full-scale imple- mentation of the pilot integrated scanning sys- tem 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 ac- cording 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 re- trieval 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 En- ergy, 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 sub- section; (2) an analysis of the efficacy of the Auto- mated 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 radio- logical material; (4) an evaluation of software and other tech- nologies 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, in- cluding— (A) an analysis of the infrastructure re- quirements; (B) a projection of the effect on current av- erage processing speed of containerized cargo; (C) an evaluation of the scalability of the system to meet both current and future fore- casted trade flows; (D) the ability of the system to automati- cally 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 non- intrusive scanning system; and (H) an assessment of the reliability of cur- rently available technology to implement an integrated scanning system. (Pub. L. 109–347, title II, § 231, Oct. 13, 2006, 120 Stat. 1915.) § 981a. Pilot integrated scanning system (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 scan- ning system that couples nonintrusive imag- ing equipment and radiation detection equip- ment, which may be provided by the Megaports Initiative of the Department of En- ergy. In making designations under this sub- section, the Secretary shall consider three dis- tinct 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 sub- section. (b) Implementation Not later than one year after October 4, 2006, the Secretary shall achieve a full-scale imple- mentation of the pilot integrated screening sys- tem, which shall— (1) scan all containers destined for the United States that transit through the ter- minal; (2) electronically transmit the images and information to the container security initia- tive personnel in the host country and/or Cus- toms 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 en- hance 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 pro- gram 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 nec- essary, with existing systems; (4) does not significantly impact trade ca- pacity 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.