H. R. 4954—21
Federal officials, shall promptly communicate any revised proce-
dures or instructions intended for the private sector following a 
maritime disruption or maritime transportation security incident. 
SEC. 203. AUTOMATED TARGETING SYSTEM. 
(a) IN GENERAL.—The Secretary, acting through the Commis-
sioner, shall—
(1) identify and seek the submission of data related to 
the movement of a shipment of cargo through the international 
supply chain; and 
(2) analyze the data described in paragraph (1) to identify 
high-risk cargo for inspection. 
(b) REQUIREMENT.—The Secretary, acting through the Commis-
sioner, shall require the electronic transmission to the Department 
of additional data elements for improved high-risk targeting, 
including appropriate security elements of entry data, as determined 
by the Secretary, to be provided as advanced information with 
respect to cargo destined for importation into the United States 
prior to loading of such cargo on vessels at foreign seaports. 
(c) 
CONSIDERATION.—The 
Secretary, 
acting 
through 
the 
Commissioner, shall—
(1) consider the cost, benefit, and feasibility of—
(A) requiring additional nonmanifest documentation; 
(B) reducing the time period allowed by law for revi-
sions to a container cargo manifest; 
(C) reducing the time period allowed by law for submis-
sion of certain elements of entry data, for vessel or cargo; 
and 
(D) such other actions the Secretary considers bene-
ficial for improving the information relied upon for the 
Automated Targeting System and any successor targeting 
system in furthering the security and integrity of the inter-
national supply chain; and 
(2) consult with stakeholders, including the Commercial 
Operations Advisory Committee, and identify to them the need 
for such information, and the appropriate timing of its submis-
sion. 
(d) REGULATIONS.—The Secretary shall promulgate regulations 
to carry out this section. In promulgating such regulations, the 
Secretary shall adhere to the parameters applicable to the develop-
ment of regulations under section 343(a) of the Trade Act of 2002 
(19 U.S.C. 2071 note), including provisions relating to consultation, 
technology, analysis, use of information, confidentiality, and timing 
requirements. 
(e) SYSTEM IMPROVEMENTS.—The Secretary, acting through the 
Commissioner, shall—
(1) conduct, through an independent panel, a review of 
the effectiveness and capabilities of the Automated Targeting 
System; 
(2) consider future iterations of the Automated Targeting 
System, which would incorporate smart features, such as more 
complex algorithms and real-time intelligence, instead of 
relying solely on rule sets that are periodically updated; 
(3) ensure that the Automated Targeting System has the 
capability to electronically compare manifest and other avail-
able data for cargo entered into or bound for the United States
H. R. 4954—22
to detect any significant anomalies between such data and 
facilitate the resolution of such anomalies; 
(4) ensure that the Automated Targeting System has the 
capability to electronically identify, compile, and compare select 
data elements for cargo entered into or bound for the United 
States following a maritime transportation security incident, 
in order to efficiently identify cargo for increased inspection 
or expeditious release; and 
(5) develop a schedule to address the recommendations 
of the Comptroller General of the United States, the Inspector 
General of the Department of the Treasury, and the Inspector 
General of the Department with respect to the operation of 
the Automated Targeting System. 
(f) SECURE
TRANSMISSION
OF
CERTAIN
INFORMATION.—All 
information required by the Department from supply chain partners 
shall be transmitted in a secure fashion, as determined by the 
Secretary, so as to protect the information from unauthorized access. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the United States Customs and Border Protec-
tion to carry out the Automated Targeting System for identifying 
high-risk oceanborne container cargo for inspection—
(1) $33,200,000 for fiscal year 2008; 
(2) $35,700,000 for fiscal year 2009; and 
(3) $37,485,000 for fiscal year 2010. 
SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES. 
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, 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 the date 
of the enactment of this Act, the Secretary shall issue an 
interim final rule pursuant to the proceeding described in para-
graph (1). 
(3) MISSED DEADLINE.—If the Secretary is unable to meet 
the deadline established pursuant to paragraph (2), the Sec-
retary 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.—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 stand-
ards and procedures. 
(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 tech-
nologies 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 Sec-
retary, 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
H. R. 4954—23
Homeland Security Advisory Committee, and the National Maritime 
Security Advisory Committee, is encouraged to promote and estab-
lish international standards for the security of containers moving 
through the international supply chain with foreign governments 
and international organizations, including the International Mari-
time Organization, the International Organization for Standardiza-
tion, the International Labor Organization, and the World Customs 
Organization. 
(d) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.—In car-
rying 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 inter-
national trade obligations or other international obligations of the 
United States. 
SEC. 205. 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 Commis-
sioner, may designate foreign seaports to participate in the Con-
tainer 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 con-
tainers 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 sea-
port; 
(3) the results of the Coast Guard assessments conducted 
pursuant to section 70108 of title 46, United States Code; 
(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 designa-
tion 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 ensure full compliance with 
the requirements under the Container Security Initiative. 
(e) OVERSEAS INSPECTIONS.—
(1) 
REQUIREMENTS
AND
PROCEDURES.—The 
Secretary 
shall—
H. R. 4954—24
(A) 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; 
(B) require each port designated under CSI to operate 
nonintrusive inspection and nuclear and radiological detec-
tion systems in accordance with the technical capability 
criteria and standard operating procedures established 
under subparagraph (A); 
(C) 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 
(D) 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. 
(2) CONSTRAINTS.—The criteria and procedures established 
under paragraph (1)(A)—
(A) shall be consistent, as practicable, with relevant 
standards and procedures utilized by other Federal depart-
ments or agencies, or developed by international bodies 
if the United States consents to such standards and proce-
dures; 
(B) shall not apply to activities conducted under the 
Megaports Initiative of the Department of Energy; and 
(C) 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 des-
ignated under the Container Security Initiative is located. 
(f) SAVINGS PROVISION.—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. 
(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 Initia-
tive; or 
(2) 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. 
(h) STAFFING.—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 sea-
ports are designated under the Container Security Initiative. 
(i) ANNUAL DISCUSSIONS.—The Secretary, in coordination with 
the appropriate Federal officials, shall hold annual discussions with 
foreign governments of countries in which foreign seaports des-
ignated under the Container Security Initiative are located 
regarding best practices, technical assistance, training needs, and