Sec. 6. Air cargo advance screening program
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Subtitle B of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 211 et seq.) is amended by adding at the end the following new section: The Secretary, consistent with the requirements of the Trade Act of 2002 ( Public Law 107–210 ), shall— establish an air cargo advance screening program (in this section referred to as the ACAS Program ) for the collection by U.S. Customs and Border Protection of advance electronic information from air carriers and other persons within the supply chain regarding cargo being transported to the United States by air; under such program, require that such information be transmitted by such air carriers and other persons at the earliest point practicable prior to loading of such cargo onto an aircraft destined to or transiting through the United States; establish appropriate communications systems with freight forwarders, shippers, and air carriers; establish a system that will allow freight forwarders, shippers, and air carriers to provide shipment level data for air cargo, departing from any location that is inbound to the United States; and coordinate with the Administrator of the Transportation Security Administration to identify opportunities in which the information furnished in compliance with the ACAS Program could be used by the Administrator.
Under the ACAS Program, the Secretary shall ensure that all cargo that has been identified as high risk is inspected— prior to the loading of such cargo onto aircraft at the last point of departure; or at an earlier point in the supply chain, before departing for the United States. In carrying out the ACAS Program, the Secretary shall consult with relevant stakeholders, as appropriate, to ensure the implementation of an operationally feasible and practical approach to the collection of advance information with respect to cargo on aircraft departing for the United States, and that the inspection of high-risk cargo recognizes the significant differences among air cargo business models and modes of transportation.
The Secretary may analyze the information referred to in subsection
(a)in the Department’s automated targeting system and integrate such information with other intelligence to enhance the accuracy of the risk assessment process under the ACAS Program. The Secretary shall carry out this section in a manner that, after the ACAS Program is fully in effect, ensures, to the greatest extent practicable, that the ACAS Program does not duplicate other Department programs or requirements relating to the submission of air cargo data or the inspection of high-risk cargo. In carrying out the ACAS Program, the Secretary shall— take into consideration that the content and timeliness of the available data may vary among entities in the air cargo industry and among countries, and shall explore procedures to accommodate such variations while maximizing the contribution of such data to the risk assessment process under the ACAS Program; test the business processes, technologies, and operational procedures required to provide advance information with respect to cargo on aircraft departing for the United States and carry out related inspection of high-risk cargo, while ensuring minimization of delays and other negative impacts on vital supply chains; and consider the cost, benefit, and feasibility before establishing any set time period for submission of certain elements of the data for air cargo under this section in line with the regulatory guidelines specified in Executive Order No. 13563, and any successor Executive order or regulation. The Secretary shall provide guidance for participants in the ACAS Program regarding the requirements for participation, including requirements for transmitting shipment level data. The Secretary shall use the data provided under the ACAS Program for targeting shipments for screening and aviation security purposes only. . Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue a final regulation to implement the ACAS Program under section 420 of the Homeland Security Act of 2002 (as added by subsection
(a)of this section) to include the electronic transmission to U.S. Customs and Border Protection of data elements for targeting cargo, including appropriate security elements of shipment level data, as determined by the Secretary. Not later than 180 days after the date of the commencement of the ACAS Program under section 420 of the Homeland Security Act of 2002 (as added by subsection
(a)of this section), the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the operational implementation of providing advance information under the ACAS Program and the value of such information in targeting cargo. The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 419 the following new item: Sec. 420. Air cargo advance screening program. .
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- Pub. L. 107-210
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