6 U.S.C. § 983 — Inspection technology and training

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 Page 437 TITLE 6—DOMESTIC SECURITY § 1003 (2) provide training and technical assistance for domestic or foreign personnel responsible for operating or maintaining such equipment. (Pub. L. 109–347, title II, § 233(a), Oct. 13, 2006, 120 Stat. 1917; Pub. L. 115–254, div. J, § 1816(e)(1), Oct. 5, 2018, 132 Stat. 3541.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–254, which directed the general amendment of ‘‘section 233 of the Security and Ac- countability for Every Port Act of 2006 (6 U.S.C. 983)’’, was executed by generally amending section 233(a) of the Security and Accountability for Every Port Act of 2006, which comprises this section, to reflect the prob- able intent of Congress. Prior to amendment, section read as follows: ‘‘(1) IN GENERAL.—The Secretary, in coordination with the Secretary of State, the Secretary of Energy, and appropriate representatives of other Federal agen- cies, may provide technical assistance, equipment, and training to facilitate the implementation of supply chain security measures at ports designated under the Container Security Initiative. ‘‘(2) ACQUISITION AND TRAINING.—Unless otherwise prohibited by law, the Secretary may— ‘‘(A) 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 nonreimbursable loans or the transfer of ownership of equipment; and ‘‘(B) provide training and technical assistance for domestic or foreign personnel responsible for oper- ating or maintaining such equipment.’’ § 984. Repealed. Pub. L. 115–254, div. J, § 1816(f), Oct. 5, 2018, 132 Stat. 3541 Section, Pub. L. 109–347, title II, § 235, Oct. 13, 2006, 120 Stat. 1919, related to pilot program to improve the se- curity of empty containers. § 985. Information sharing relating to supply chain security cooperation (a) Purposes The purposes of this section are— (1) to establish continuing liaison and to provide for supply chain security cooperation between Department and the private sector; and (2) to provide for regular and timely inter- change of information between the private sector and the Department concerning devel- opments and security risks in the supply chain environment. (b) System The Secretary shall develop a system to col- lect from and share appropriate risk informa- tion related to the supply chain with the private sector entities determined appropriate by the Secretary. (c) Consultation In developing the system under subsection (b), the Secretary shall consult with the Commer- cial Operations Advisory Committee and a broad range of public and private sector entities likely to utilize the system, including importers, ex- porters, carriers, customs brokers, and freight forwarders, among other parties. (d) Independently obtained information Nothing in this section shall be construed to limit or otherwise affect the ability of a Fed- eral, State, or local government entity, under applicable law, to obtain supply chain security information, including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law. (e) Authority to issue warnings The Secretary may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the gen- eral public regarding potential risks to the sup- ply chain as appropriate. In issuing a warning, the Secretary shall take appropriate actions to protect from disclosure— (1) the source of any voluntarily submitted supply chain security information that forms the basis for the warning; and (2) information that is proprietary, business sensitive, relates specifically to the submit- ting person or entity, or is otherwise not ap- propriately in the public domain. (Pub. L. 109–347, title II, § 236, Oct. 13, 2006, 120 Stat. 1919.) SUBCHAPTER III—ADMINISTRATION § 1001. Designation of liaison office of Depart- ment of State The Secretary of State shall designate a liai- son office within the Department of State to as- sist the Secretary, as appropriate, in negoti- ating cargo security-related international agree- ments. (Pub. L. 109–347, title III, § 301(b), Oct. 13, 2006, 120 Stat. 1920.) Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION Nothing in this section to be construed to affect the authorities, functions, or capabilities of the Coast Guard to perform its missions or the requirement under section 468 of this title that those authorities, func- tions, and capabilities be maintained intact, see sec- tion 301(c) of Pub. L. 109–347, set out as a note under section 239 of this title. § 1002. Homeland Security Science and Tech- nology Advisory Committee The Under Secretary for Science and Tech- nology shall utilize the Homeland Security Science and Technology Advisory Committee, as appropriate, to provide outside expertise in ad- vancing cargo security technology. (Pub. L. 109–347, title III, § 302(c), Oct. 13, 2006, 120 Stat. 1921.) § 1003. Research, development, test, and evalua- tion efforts in furtherance of maritime and cargo security (a) In general The Secretary shall— (1) direct research, development, testing, and evaluation efforts in furtherance of mari- time and cargo security; (2) coordinate with public and private sector entities to develop and test technologies, and process innovations in furtherance of these ob- jectives; and