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6 U.S.C. § 945 — Container security standards and procedures

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 945 — Container security standards and procedures

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Source file: Laws/federal/codes/united-states-code/title-6/section-945-container-security-standards-and-procedures--6694a93e45.md
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Source location: Title 6, Chapter 3, § 945; chapter-003-security-and-accountability-for-every-port.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 218 — Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices

**(a) In general** There is established in the Department an agency to be known as U.S. Customs and Border Protection. **(b) Commissioner of U.S. Customs and Border Protection** (1) **In general** — There shall be at the head of U.S. Customs and Border Protection a Commissioner of U.S. Customs and Border Protection (in this section referred to as the “Commissioner”). (2) **Committee referral** — As an exercise of the rulemaking power of the Senate, any nomination for the Commissioner submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. **(c) Duties** The Commissioner shall— (1) coordinate and integrate the security, trade facilitation, and trade enforcement functions of U.S. Customs and Border Protection; (2) ensure the interdiction of persons and goods illegally entering or exiting the United States; (3) facilitate and expedite the flow of legitimate travelers and trade; (4) direct and administer the commercial operations of U.S. Customs and Border Protection, and the enforcement of the customs and trade laws of the United States; (5) detect, respond to, and interdict terrorists, drug smugglers and traffickers, human smugglers and traffickers, and other persons who may undermine the security of the United States, in cases in which such persons are entering, or have recently entered, the United States; (6) safeguard the borders of the United States to protect against the entry of dangerous goods; (7) ensure the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; (8) in coordination with U.S. Immigration and Customs Enforcement and United States Citizenship and Immigration Services, enforce and administer all immig

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 961 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70108&num=0&edition=prelim); (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** 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. **(d) Negotiations** The Secretary, in cooperation with the Sec

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Federal law — U.S. Code and appendices · legal_authorities

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

Page 427 TITLE 6—DOMESTIC SECURITY § 945 (i) effective not later than October 15, 2008, all containers in transit to the United States shall be required to meet the re- quirements of International Organization for Standardization Publicly Available Specification 17712 standard for sealing containers; and (ii) the requirements of this subpara- graph 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 en- hance the standards and procedures established pursuant to subsection (a), as appropriate, based on tests of technologies as they become com- mercially available to detect container intru- sion and the highest consequence threats, par- ticularly weapons of mass destruction. (c) International cargo security standards The Secretary, in consultation with the Sec- retary of State, the Secretary of Energy, and other Federal Government officials, as appro- priate, and with the Commercial Operations Ad- visory Committee, the Homeland Security Advi- sory Committee, and the National Maritime Se- curity Advisory Committee, is encouraged to promote and establish international standards for the security of containers moving through the international supply chain with foreign gov- ernments and international organizations, in- cluding the International Maritime Organiza- tion, the International Organization for Stand- ardization, the International Labor Organiza- tion, and the World Customs Organization. (d) International trade and other obligations In carrying out this section, the Secretary shall consult with appropriate Federal depart- ments and agencies and private sector stake- holders and ensure that actions under this sec- tion d

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