6 USC 945 - Container Security Initiative

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

(d)

Negotiations

(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

(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

(i)

Annual discussions

(j)

Lesser risk port

(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

(l)

Report

Not later than 270 days after October 5, 2018, 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—

(1)

a description of the technical assistance delivered to, as well as needed at, each designated seaport;

(2)

a description of the human capital management plan at each designated seaport;

(3)

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;

(4)

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;

(5)

a description and assessment of the outcome of any security incident involving a foreign seaport designated under the Container Security Initiative;

(6)

the rationale for the continuance of each port designated under CSI;

(7)

a description of the potential for remote targeting to decrease the number of personnel who are deployed at foreign ports under CSI; and

(8)

a summary and assessment of the aggregate number and extent of trade compliance lapses at each seaport designated under the Container Security Initiative.

(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.

(Pub. L. 109–347, title II, § 205, Oct. 13, 2006, 120 Stat. 1906; Pub. L. 115–254, div. J, § 1812, Oct. 5, 2018, 132 Stat. 3539.)

cite as: 6 USC 945

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