477 
(ii) the requirements of this subparagraph cease to be ef-
fective on the effective date of the interim final rule issued 
under this subsection. 
(b) REVIEW AND ENHANCEMENT.—The Secretary shall regularly review 
and enhance the standards and procedures established under 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 Op-
erations 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 Orga-
nization, the International Organization for Standardization, the Inter-
national 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 depart-
ments 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. 
§ 30505. Container Security Initiative 
(a) ESTABLISHMENT.—The Secretary, acting through the Commissioner, 
shall establish and implement a program (in this section referred to as the 
‘‘Container Security Initiative’’) to identify and examine or search maritime 
containers that pose a security risk before loading the containers in a for-
eign 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 associ-
ated with the 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 trans-shipped through, the foreign seaport; 
(3) the results of the Coast Guard assessments conducted under sec-
tion 70108 of title 46; 
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(4) the commitment of the government of the country in which the 
foreign seaport is located to cooperating with the Department in shar-
ing 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 congres-
sional committees of the designation of a foreign port under the Container 
Security Initiative or the revocation of a designation before notifying the 
public of the designation or revocation. 
(d) NEGOTIATIONS.—The Secretary, in cooperation with the Secretary 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— 
(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 the 
Container Security Initiative; 
(B) require each port designated under the Container Security 
Initiative to operate nonintrusive inspection and nuclear and radio-
logical detection systems in accordance with the technical capa-
bility criteria and standard operating procedures established under 
subparagraph (A); 
(C) continually monitor the technologies, processes, and tech-
niques used to inspect cargo at ports designated under the Con-
tainer Security Initiative to ensure adherence to the criteria and 
the use of the procedures; and 
(D) consult with the Secretary of Energy in establishing the 
minimum technical capability criteria and standard operating pro-
cedures established under subparagraph (A) pertaining to radi-
ation detection technologies to promote consistency in detection 
systems at foreign ports designated under the Container Security 
Initiative. 
(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 departments or agencies, 
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or developed by international bodies if the United States consents 
to the standards and procedures; 
(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 designated under the Container 
Security Initiative 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 de-
tection 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 Secu-
rity Initiative through the Department of Energy’s Second Line of De-
fense Program and Megaports Initiative; 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 the equip-
ment. 
(h) STAFFING.—The Secretary shall develop a human capital manage-
ment plan to determine adequate staffing levels in the United States and 
in foreign seaports including, as appropriate, the remote location of per-
sonnel in countries in which foreign seaports are designated under the Con-
tainer Security Initiative. 
(i) ANNUAL DISCUSSIONS.—The Secretary, in coordination with the ap-
propriate Federal officials, shall hold annual discussions with foreign gov-
ernments of countries in which foreign seaports designated under the Con-
tainer Security Initiative are located regarding best practices, technical as-
sistance, training needs, and technological developments that will assist in 
ensuring the efficient and secure movement of international cargo. 
(j) LESSER RISK PORT.—The Secretary, acting through the Commis-
sioner, may treat cargo loaded in a foreign seaport designated under the 
Container Security Initiative as presenting a lesser risk than similar cargo 
loaded in a foreign seaport that is not designated under the Container Secu-
rity Initiative, for the purpose of clearing the 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 designated under the Container Security Initiative that has 
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been identified as high risk, including by the Automated Targeting Sys-
tem, 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 
construed to interfere with the ability of the Secretary to deny entry 
of any cargo into the United States. 
(l) COORDINATION OF ASSESSMENTS.— 
(1) IN GENERAL.—The Secretary shall, to the extent practicable, 
conduct the assessments required by the following provisions of law 
concurrently, or develop a process by which the assessments are coordi-
nated between the Coast Guard and U.S. Customs and Border Protec-
tion: 
(A) This section. 
(B) Section 30513 of this title. 
(C) Section 70108 of title 46. 
(2) LIMITATION.—Nothing in paragraph (1) shall be construed to af-
fect or diminish the Secretary’s authority or discretion— 
(A) to conduct an assessment of a foreign port at any time; 
(B) to compel the Secretary to conduct an assessment of a for-
eign port so as to ensure that 2 or more assessments are con-
ducted concurrently; or 
(C) to cancel an assessment of a foreign port if the Secretary 
is unable to conduct 2 or more assessments concurrently. 
(3) MULTIPLE ASSESSMENT REPORT.—The Secretary shall provide 
written notice to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committees on Transportation and Infra-
structure and Homeland Security of the House of Representatives 
whenever the Secretary conducts 2 or more assessments of the same 
port within a 3-year period. 
Subchapter II—Customs–Trade 
Partnership Against Terrorism 
§ 30511. Establishment 
(a) IN GENERAL.—The Secretary, acting through the Commissioner, may 
establish a voluntary government-private sector program (to be known as 
the ‘‘Customs-Trade Partnership Against Terrorism’’ or ‘‘C–TPAT’’) to 
strengthen and improve the overall security of the international supply chain 
and United States border security, and to facilitate the movement of secure 
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