6 U.S.C. § 945: Container Security Initiative

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. the level of risk for the potential compromise of containers by terrorists, or other threats as determined by the Secretary; the volume of cargo being imported to the United States directly from, or being transshipped through, the foreign seaport; the results of the Coast Guard assessments conducted pursuant to section 70108 of title 46 ; 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 the potential for validation of security practices at the foreign seaport by the Department. The Secretary shall notify the appropriate congressional committees of the designation of a foreign port under the Container Security Initiative or the revocation of such a designation before notifying the public of such designation or revocation. The Secretary, in cooperation with the Secretary of State and in consultation with the United States Trade Representative, may enter into negotiations with the government of each foreign nation in which a seaport is designated under the Container Security Initiative to ensure full compliance with the requirements under the Container Security Initiative. 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; 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); 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 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. 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; shall not apply to activities conducted under the Megaports Initiative of the Department of Energy; and 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. The authority of the Secretary under this section shall not affect any authority or duplicate any efforts or responsibilities of the Federal Government with respect to the deployment of radiation detection equipment outside of the United States. 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 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. The Secretary shall develop a human capital management plan to determine adequate staffing levels in the United States and in foreign seaports including, as appropriate, the remote location of personnel in countries in which foreign seaports are designated under the Container Security Initiative. The Secretary, in coordination with the appropriate Federal officials, shall hold annual discussions with foreign governments of countries in which foreign seaports designated under the Container Security Initiative are located regarding best practices, technical assistance, training needs, and technological developments that will assist in ensuring the efficient and secure movement of international cargo. The Secretary, acting through the Commissioner, may treat cargo loaded in a foreign seaport designated under the Container Security Initiative as presenting a lesser risk than similar cargo loaded in a foreign seaport that is not designated under the Container Security Initiative, for the purpose of clearing such cargo into the United States. a scan of the cargo with nonintrusive imaging equipment and radiation detection equipment; a search of the cargo; or additional information received by the Department. Nothing in this subsection shall be construed to interfere with the ability of the Secretary to deny entry of any cargo into the United States. a description of the technical assistance delivered to, as well as needed at, each designated seaport; a description of the human capital management plan at each designated seaport; 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; 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; a description and assessment of the outcome of any security incident involving a foreign seaport designated under the Container Security Initiative; the rationale for the continuance of each port designated under CSI; a description of the potential for remote targeting to decrease the number of personnel who are deployed at foreign ports under CSI; and a summary and assessment of the aggregate number and extent of trade compliance lapses at each seaport designated under the Container Security Initiative. $144,000,000 for fiscal year 2008; $146,000,000 for fiscal year 2009; and $153,300,000 for fiscal year 2010. Section 205 of the SAFE Port Act ( 6 U.S.C. 945 ). Section 213 of that Act ( 6 U.S.C. 964 [963]). Section 70108 of title 46 , United States Code. to conduct an assessment of a foreign port at any time; to compel the Secretary to conduct an assessment of a foreign port so as to ensure that 2 or more assessments are conducted concurrently; or to cancel an assessment of a foreign port if the Secretary is unable to conduct 2 or more assessments concurrently. The Secretary shall provide written notice to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives whenever the Secretary conducts 2 or more assessments of the same port within a 3-year period.”