6 U.S.C. § 982 — Screening and scanning of cargo con-

Page 435 TITLE 6—DOMESTIC SECURITY § 982 1 So in original. Probably should be ‘‘paragraph (2)(B)’’. (d) Report Not later than 120 days after achieving full- scale implementation under subsection (b), the Secretary, in consultation with the Secretary of Energy and the Secretary of State, shall submit a report, to the appropriate congressional com- mittees, that includes— (1) an evaluation of the lessons derived from the pilot program implemented under this sec- tion; (2) an analysis of the efficacy of the Auto- mated Targeted System or other relevant pro- grams in utilizing the images captured to ex- amine high-risk containers; (3) an evaluation of software that is capable of automatically identifying potential anoma- lies in scanned containers; and (4) a plan and schedule to expand the inte- grated scanning system developed under this section to other container security initiative ports. (e) Implementation If the Secretary determines the available tech- nology meets the criteria outlined in subsection (c), the Secretary, in cooperation with the Sec- retary of State, shall seek to secure the coopera- tion of foreign governments to initiate and maximize the use of such technology at foreign ports to scan all cargo bound for the United States as quickly as possible. (Pub. L. 109–295, title V, § 558, Oct. 4, 2006, 120 Stat. 1392.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2007, and not as part of the Security and Accountability For Every Port Act of 2006, also known as the SAFE Port Act, which comprises this chapter. § 982. Screening and scanning of cargo con- tainers (a) One hundred percent screening of cargo con- tainers and 100 percent scanning of high-risk containers (1) Screening of cargo containers The Secretary shall ensure that 100 percent of the cargo containers originating outside the United States and unloaded at a United States seaport undergo a screening to identify high- risk containers. (2) Scanning of high-risk containers The Secretary shall ensure that 100 percent of the containers that have been identified as high-risk under paragraph (1), or through other means, are scanned or searched before such containers leave a United States seaport facility. (b) Full-scale implementation (1) In general A container that was loaded on a vessel in a foreign port shall not enter the United States (either directly or via a foreign port) unless the container was scanned by nonintrusive im- aging equipment and radiation detection equipment at a foreign port before it was load- ed on a vessel. (2) Application Paragraph (1) shall apply with respect to containers loaded on a vessel in a foreign country on or after the earlier of— (A) July 1, 2012; or (B) such other date as may be established by the Secretary under paragraph (3). (3) Establishment of earlier deadline The Secretary shall establish a date under (2)(B) 1 pursuant to the lessons learned through the pilot integrated scanning systems estab- lished under section 981 of this title. (4) Extensions The Secretary may extend the date specified in paragraph (2)(A) or (2)(B) for 2 years, and may renew the extension in additional 2-year increments, for containers loaded in a port or ports, if the Secretary certifies to Congress that at least two of the following conditions exist: (A) Systems to scan containers in accord- ance with paragraph (1) are not available for purchase and installation. (B) Systems to scan containers in accord- ance with paragraph (1) do not have a suffi- ciently low false alarm rate for use in the supply chain. (C) Systems to scan containers in accord- ance with paragraph (1) cannot be purchased, deployed, or operated at ports overseas, in- cluding, if applicable, because a port does not have the physical characteristics to in- stall such a system. (D) Systems to scan containers in accord- ance with paragraph (1) cannot be inte- grated, as necessary, with existing systems. (E) Use of systems that are available to scan containers in accordance with para- graph (1) will significantly impact trade ca- pacity and the flow of cargo. (F) Systems to scan containers in accord- ance with paragraph (1) do not adequately provide an automated notification of ques- tionable or high-risk cargo as a trigger for further inspection by appropriately trained personnel. (5) Exemption for military cargo Notwithstanding any other provision in the section, supplies bought by the Secretary of Defense and transported in compliance section 2631 of title 10 and military cargo of foreign countries are exempt from the requirements of this section. (6) Report on extensions An extension under paragraph (4) for a port or ports shall take effect upon the expiration of the 60-day period beginning on the date the Secretary provides a report to Congress that— (A) states what container traffic will be af- fected by the extension; (B) provides supporting evidence to sup- port the Secretary’s certification of the basis for the extension; and (C) explains what measures the Secretary is taking to ensure that scanning can be im- Page 436 TITLE 6—DOMESTIC SECURITY § 983 plemented as early as possible at the port or ports that are the subject of the report. (7) Report on renewal of extension If an extension under paragraph (4) takes ef- fect, the Secretary shall, after one year, sub- mit a report to Congress on whether the Sec- retary expects to seek to renew the extension. (8) Scanning technology standards In implementing paragraph (1), the Sec- retary shall— (A) establish technological and operational standards for systems to scan containers; (B) ensure that the standards are con- sistent with the global nuclear detection ar- chitecture developed under the Homeland Security Act of 2002 [6 U.S.C. 101 et seq.]; and (C) coordinate with other Federal agencies that administer scanning or detection pro- grams at foreign ports. (9) International trade and other obligations In carrying out this subsection, the Sec- retary 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, and are consistent with the World Customs Organization framework, or other international obligations of the United States. (c) Report Not later than 6 months after the submission of a report under section 981(d) of this title, and every 6 months thereafter, the Secretary shall submit a report to the appropriate congressional committees describing the status of full-scale deployment under subsection (b) and the cost of deploying the system at each foreign port at which the integrated scanning systems are de- ployed. (Pub. L. 109–347, title II, § 232, Oct. 13, 2006, 120 Stat. 1916; Pub. L. 110–53, title XVII, § 1701(a), Aug. 3, 2007, 121 Stat. 489.) Editorial Notes REFERENCES IN TEXT The Homeland Security Act of 2002, referred to in subsec. (b)(8)(B), is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to chapter 1 (§ 101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. AMENDMENTS 2007—Subsec. (b). Pub. L. 110–53 reenacted heading without change and amended text of subsec. (b) gen- erally. Prior to amendment, text related to full deploy- ment of an integrated scanning system after the Sec- retary had determined that such system had met sec- tion 981(c) requirements, had a sufficiently low false alarm rate, was capable of being deployed overseas, was capable of integrating with existing systems, would not significantly impact trade flow, and had provided for automated notification of high-risk cargo. Statutory Notes and Related Subsidiaries CARGO CONTAINER SCANNING TECHNOLOGY REVIEW Pub. L. 115–254, div. K, title I, § 1979, Oct. 5, 2018, 132 Stat. 3618, provided that: ‘‘(a) DESIGNATIONS.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], and not less frequently than once every 5 years thereafter until the date of full-scale implementation of 100 per- cent screening of cargo containers and 100 percent scanning of high-risk containers required under sec- tion 232 of the SAFE Port Act (6 U.S.C. 982), the Sec- retary [of Homeland Security] shall solicit proposals for scanning technologies, consistent with the stand- ards under subsection (b)(8) of that section, to im- prove scanning of cargo at domestic ports. ‘‘(2) EVALUATION.—In soliciting proposals under paragraph (1), the Secretary shall establish measures to assess the performance of the proposed scanning technologies, including— ‘‘(A) the rate of false positives; ‘‘(B) the delays in processing times; and ‘‘(C) the impact on the supply chain. ‘‘(b) PILOT PROGRAM.— ‘‘(1) ESTABLISHMENT.—The Secretary may establish a pilot program to determine the efficacy of a scan- ning technology referred to in subsection (a). ‘‘(2) APPLICATION PROCESS.—In carrying out the pilot program under this subsection, the Secretary shall— ‘‘(A) solicit applications from domestic ports; ‘‘(B) select up to 4 domestic ports to participate in the pilot program; and ‘‘(C) select ports with unique features and dif- fering levels of trade volume. ‘‘(3) REPORT.—Not later than 1 year after initiating a pilot program under paragraph (1), the Secretary shall submit to the appropriate committees of Con- gress [Committees on Commerce, Science and Trans- portation and Homeland Security and Governmental Affairs of the Senate and Committee on Homeland Security of the House of Representatives] a report on the pilot program, including— ‘‘(A) an evaluation of the scanning technologies proposed to improve security at domestic ports and to meet the full-scale implementation requirement; ‘‘(B) the costs to implement a pilot program; ‘‘(C) the benefits of the proposed scanning tech- nologies; ‘‘(D) the impact of the pilot program on the sup- ply chain; and ‘‘(E) recommendations for implementation of ad- vanced cargo scanning technologies at domestic ports. ‘‘(4) SHARING PILOT PROGRAM TESTING RESULTS.—The results of the pilot testing of advanced cargo scan- ning technologies shall be shared, as appropriate, with government agencies and private stakeholders whose responsibilities encompass the secure trans- port of cargo.’’ § 983. Inspection technology and training (a) In general The Secretary, in coordination with the Sec- retary of State, the Secretary of Energy, and ap- propriate representatives of other Federal agen- cies, may provide technical assistance, equip- ment, and training to facilitate the implementa- tion of supply chain security measures at ports designated under the Container Security Initia- tive. (b) Acquisition and training Unless otherwise prohibited by law, the Sec- retary may— (1) lease, loan, provide, or otherwise assist in the deployment of nonintrusive inspection and radiation detection equipment at foreign land and sea ports under such terms and conditions as the Secretary prescribes, including non- reimbursable loans or the transfer of owner- ship of equipment; and