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 do not violate international trade obliga- tions or other international obligations of the United States. (Pub. L. 109–347, title II, § 204, Oct. 13, 2006, 120 Stat. 1905; Pub. L. 110–53, title XVII, § 1701(b), Aug. 3, 2007, 121 Stat. 491.) Editorial Notes AMENDMENTS 2007—Subsec. (a)(4). Pub. L. 110–53, which directed amendment of par. (4) by substituting ‘‘(1) Deadline for enforcement’’ and subpar. (A) designation and heading for ‘‘(1) Deadline for enforcement’’, was executed by in- serting the subpar. (A) designation and heading before ‘‘Not later than’’ and making no change in the par. des- ignation or heading, to reflect the probable intent of Congress. Subsec. (a)(4)(B). Pub. L. 110–53, § 1701(b)(2), added sub- par. (B). § 945. Container Security Initiative (a) Establishment The Secretary, acting through the Commis- sioner, shall establish and implement a program (referred to in this section as the ‘‘Container Se- curity Initiative’’ or ‘‘CSI’’) to identify and ex- amine 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 Commis- sioner, may designate foreign seaports to par- ticipate in the Container Security Initiative after the Secretary has assessed the costs, bene- fits, and other factors associated with such des- ignation, including— (1) the level of risk for the potential com- promise 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 assess- ments conducted pursuant to section 70108 of title 46; (4) the commitment of the government of the country in which the foreign seaport is lo- cated to cooperating with the Department in sharing critical data and risk management in- formation and to maintain programs to ensure employee integrity; and (5) the potential for validation of security practices at the foreign seaport by the Depart- ment. (c) Notification The Secretary shall notify the appropriate congressional committees of the designation of a foreign port under the Container Security Ini- tiative 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- retary 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 en- sure full compliance with the requirements under the Container Security Initiative. (e) Overseas inspections (1) Requirements and procedures The Secretary shall— (A) establish minimum technical capa- bility criteria and standard operating proce- dures for the use of nonintrusive inspection and nuclear and radiological detection sys- tems in conjunction with CSI; (B) require each port designated under CSI to operate nonintrusive inspection and nu- clear and radiological detection systems in accordance with the technical capability cri- teria and standard operating procedures es- tablished under subparagraph (A); (C) continually monitor the technologies, processes, and techniques used to inspect cargo at ports designated under CSI to en- sure adherence to such criteria and the use of such procedures; and (D) consult with the Secretary of Energy in establishing the minimum technical capa- bility criteria and standard operating proce- dures established under subparagraph (A) pertaining to radiation detection tech- nologies to promote consistency in detection Page 428 TITLE 6—DOMESTIC SECURITY § 945 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 uti- lized by other Federal departments or agen- cies, or developed by international bodies if the United States consents to such stand- ards and procedures; (B) shall not apply to activities conducted under the Megaports Initiative of the De- partment of Energy; and (C) shall not be designed to endorse the product or technology of any specific com- pany or to conflict with the sovereignty of a country in which a foreign seaport des- ignated under the Container Security Initia- tive is located. (f) Savings provision The authority of the Secretary under this sec- tion 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. (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 gov- ernments, when possible, to obtain radiation detection equipment that meets the Depart- ment’s and the Department of Energy’s tech- nical specifications for such equipment. (h) Staffing The Secretary shall develop a human capital management plan to determine adequate staff- ing levels in the United States and in foreign seaports including, as appropriate, the remote location of personnel in countries in which for- eign seaports are designated under the Con- tainer Security Initiative. (i) Annual discussions The Secretary, in coordination with the appro- priate Federal officials, shall hold annual dis- cussions with foreign governments of countries in which foreign seaports designated under the Container Security Initiative are located re- garding best practices, technical assistance, training needs, and technological developments that will assist in ensuring the efficient and se- cure movement of international cargo. (j) Lesser risk port The Secretary, acting through the Commis- sioner, may treat cargo loaded in a foreign sea- port designated under the Container Security Initiative as presenting a lesser risk than simi- lar cargo loaded in a foreign seaport that is not designated under the Container Security Initia- tive, for the purpose of clearing such cargo into the United States. (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 des- ignated under CSI that has been identified as high risk, including by the Automated Tar- geting 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 Nothing in this subsection shall be con- strued to interfere with the ability of the Sec- retary to deny entry of any cargo into the United States. (l) Report Not later than 270 days after October 5, 2018, the Secretary, acting through the Commis- sioner, shall, in consultation with other appro- priate government officials and the Commercial Operations Advisory Committee, submit a re- port to the appropriate congressional commit- tees on the effectiveness of, and the need for any improvements to, the Container Security Initia- tive. The report shall include— (1) a description of the technical assistance delivered to, as well as needed at, each des- ignated seaport; (2) a description of the human capital man- agement plan at each designated seaport; (3) a summary of the requests made by the United States to foreign governments to con- duct 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 sea- ports and the effect on the flow of commerce at such seaports, as well as any recommenda- tions for improving the effectiveness of screen- ing, scanning, and inspection protocols and technologies utilized at designated seaports; (5) a description and assessment of the out- come of any security incident involving a for- eign 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 aggre- gate 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; Page 429 TITLE 6—DOMESTIC SECURITY § 961 (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.) Editorial Notes AMENDMENTS 2018—Subsec. (l). Pub. L. 115–254 struck out par. (1) designation and heading, substituted ‘‘Not later than 270 days after October 5, 2018,’’ for ‘‘Not later than Sep- tember 30, 2007,’’ in introductory provisions, redesig- nated subpars. (A) to (H) of former par. (1) as pars. (1) to (8), respectively, and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘Not later than September 30, 2010, the Secretary, act- ing through the Commissioner, shall, in consultation with other appropriate government officials and the Commercial Operations Advisory Committee, submit an updated report to the appropriate congressional committees on the effectiveness of, and the need for any improvements to, the Container Security Initia- tive. The updated report shall address each of the ele- ments required to be included in the report provided for under paragraph (1).’’ Statutory Notes and Related Subsidiaries INTERNATIONAL PORT AND FACILITY INSPECTION COORDINATION Pub. L. 111–281, title VIII, § 825, Oct. 15, 2010, 124 Stat. 3004, as amended by Pub. L. 114–120, title III, § 320, Feb. 8, 2016, 130 Stat. 66, provided that: ‘‘(a) COORDINATION.—The Secretary of Homeland Se- curity shall, to the extent practicable, conduct the as- sessments required by the following provisions of law concurrently, or develop a process by which the assess- ments are coordinated between the Coast Guard and Customs and Border Protection: ‘‘(1) Section 205 of the SAFE Port Act (6 U.S.C. 945). ‘‘(2) Section 213 of that Act (6 U.S.C. 964 [963]). ‘‘(3) Section 70108 of title 46, United States Code. ‘‘(b) LIMITATION.—Nothing in subsection (a) shall be construed to affect or diminish the Secretary’s author- ity or discretion— ‘‘(1) to conduct an assessment of a foreign port at any time; ‘‘(2) to compel the Secretary to conduct an assess- ment of a foreign port so as to ensure that 2 or more assessments are conducted concurrently; or ‘‘(3) to cancel an assessment of a foreign port if the Secretary is unable to conduct 2 or more assessments concurrently. ‘‘(c) MULTIPLE ASSESSMENT REPORT.—The Secretary shall provide written notice to the Committee on Com- merce, 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 assess- ments of the same port within a 3-year period.’’ PART B—CUSTOMS–TRADE PARTNERSHIP AGAINST TERRORISM § 961. Establishment (a) Establishment The Secretary, acting through the Commis- sioner, is authorized to establish a voluntary government-private sector program (to be known as the ‘‘Customs–Trade Partnership Against Terrorism’’ or ‘‘C–TPAT’’) to strength- en and improve the overall security of the inter- national supply chain and United States border security, and to facilitate the movement of se- cure cargo through the international supply chain, by providing benefits to participants meeting or exceeding the program requirements. Participants in C–TPAT shall include Tier 1 par- ticipants, Tier 2 participants, and Tier 3 partici- pants. (b) Minimum security requirements The Secretary, acting through the Commis- sioner, shall review the minimum security re- quirements of C–TPAT at least once every year and update such requirements as necessary. (Pub. L. 109–347, title II, § 211, Oct. 13, 2006, 120 Stat. 1909.) Statutory Notes and Related Subsidiaries CTPAT PILOT PROGRAM ON PARTICIPATION OF THIRD- PARTY LOGISTICS PROVIDERS Pub. L. 118–98, Oct. 1, 2024, 138 Stat. 1575, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Customs Trade Part- nership Against Terrorism Pilot Program Act of 2023’ or the ‘CTPAT Pilot Program Act of 2023’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Fi- nance of the Senate; and ‘‘(B) the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives. ‘‘(2) CTPAT.—The term ‘CTPAT’ means the Cus- toms Trade Partnership Against Terrorism estab- lished under subtitle B of title II of the Security and Accountability for Every Port Act (6 U.S.C. 961 et seq.). ‘‘SEC. 3. PILOT PROGRAM ON PARTICIPATION OF THIRD-PARTY LOGISTICS PROVIDERS IN CTPAT. ‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary of Homeland Secu- rity shall carry out a pilot program to assess whether allowing entities described in subsection (b) to par- ticipate in CTPAT would enhance port security, com- bat terrorism, prevent supply chain security breaches, or otherwise meet the goals of CTPAT. ‘‘(2) FEDERAL REGISTER NOTICE.—Not later than one year after the date of the enactment of this Act [Oct. 1, 2024], the Secretary shall publish in the Federal Register a notice specifying the requirements for the pilot program required by paragraph (1). ‘‘(b) ENTITIES DESCRIBED.—An entity described in this subsection is— ‘‘(1) a non-asset-based third-party logistics provider that— ‘‘(A) arranges international transportation of freight and is licensed by the Department of Trans- portation; and ‘‘(B) meets such other requirements as the Sec- retary specifies in the Federal Register notice re- quired by subsection (a)(2); or ‘‘(2) an asset-based third-party logistics provider that— ‘‘(A) facilitates cross border activity and is li- censed or bonded by the Federal Maritime Commis- sion, the Transportation Security Administration, U.S. Customs and Border Protection, or the Depart- ment of Transportation; ‘‘(B) manages and executes logistics services using its own warehousing assets and resources on behalf of its customers; and ‘‘(C) meets such other requirements as the Sec- retary specifies in the Federal Register notice re- quired by subsection (a)(2).