Collapse to view only § 985. Information sharing relating to supply chain security cooperation
- § 981. Pilot integrated scanning system
- § 981a. Pilot integrated scanning system
- § 982. Screening and scanning of cargo containers
- § 983. Inspection technology and training
- § 984. Repealed.
- § 985. Information sharing relating to supply chain security cooperation
§ 981. Pilot integrated scanning system
(a) Designations
(b) CoordinationThe Secretary shall—
(1) coordinate with the Secretary of Energy, as necessary, to provide radiation detection equipment through the Department of Energy’s Second Line of Defense and Megaports programs; or
(2) work with the private sector or, when possible, host governments to obtain radiation detection equipment that meets both the Department’s and the Department of Energy’s technical specifications for such equipment.
(c) Pilot system implementationNot later than 1 year after October 13, 2006, the Secretary shall achieve a full-scale implementation of the pilot integrated scanning system at the ports designated under subsection (a), which—
(1) shall scan all containers destined for the United States that are loaded in such ports;
(2) shall electronically transmit the images and information to appropriate United States Government personnel in the country in which the port is located or in the United States for evaluation and analysis;
(3) shall resolve every radiation alarm according to established Department procedures;
(4) shall utilize the information collected to enhance the Automated Targeting System or other relevant programs;
(5) shall store the information for later retrieval and analysis; and
(6) may provide an automated notification of questionable or high-risk cargo as a trigger for further inspection by appropriately trained personnel.
(d) ReportNot later than 180 days after achieving full-scale implementation under subsection (c), the Secretary, in consultation with the Secretary of State and, as appropriate, the Secretary of Energy, shall submit a report to the appropriate congressional committees, that includes—
(1) an evaluation of the lessons derived from the pilot system implemented under this subsection;
(2) an analysis of the efficacy of the Automated Targeting System or other relevant programs in utilizing the images captured to examine high-risk containers;
(3) an evaluation of the effectiveness of the integrated scanning system in detecting shielded and unshielded nuclear and radiological material;
(4) an evaluation of software and other technologies that are capable of automatically identifying potential anomalies in scanned containers; and
(5) an analysis of the need and feasibility of expanding the integrated scanning system to other container security initiative ports, including—
(A) an analysis of the infrastructure requirements;
(B) a projection of the effect on current average processing speed of containerized cargo;
(C) an evaluation of the scalability of the system to meet both current and future forecasted trade flows;
(D) the ability of the system to automatically maintain and catalog appropriate data for reference and analysis in the event of a transportation disruption;
(E) an analysis of requirements, including costs, to install and maintain an integrated scanning system;
(F) the ability of administering personnel to efficiently manage and utilize the data produced by a nonintrusive scanning system;
(G) the ability to safeguard commercial data generated by, or submitted to, a nonintrusive scanning system; and
(H) an assessment of the reliability of currently available technology to implement an integrated scanning system.
(Pub. L. 109–347, title II, § 231, Oct. 13, 2006, 120 Stat. 1915.)
§ 981a. Pilot integrated scanning system
(a) Designations
(1) In general
(2) Collaboration and cooperation
(b) Implementation
Not later than one year after October 4, 2006, the Secretary shall achieve a full-scale implementation of the pilot integrated screening system, which shall—
(1) scan all containers destined for the United States that transit through the terminal;
(2) electronically transmit the images and information to the container security initiative personnel in the host country and/or Customs and Border Protection personnel in the United States for evaluation and analysis;
(3) resolve every radiation alarm according to established Department procedures;
(4) utilize the information collected to enhance the Automated Targeting System or other relevant programs; and
(5) store the information for later retrieval and analysis.
(c) Evaluation
The Secretary shall evaluate the pilot program in subsection (b) to determine whether such a system—
(1) has a sufficiently low false alarm rate for use in the supply chain;
(2) is capable of being deployed and operated at ports overseas, including consideration of cost, personnel, and infrastructure required to operate the system;
(3) is capable of integrating, where necessary, with existing systems;
(4) does not significantly impact trade capacity and flow of cargo at foreign or United States ports; and
(5) provides an automated notification of questionable or high-risk cargo as a trigger for further inspection by appropriately trained personnel.
(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 committees, that includes—
(1) an evaluation of the lessons derived from the pilot program implemented under this section;
(2) an analysis of the efficacy of the Automated Targeted System or other relevant programs in utilizing the images captured to examine high-risk containers;
(3) an evaluation of software that is capable of automatically identifying potential anomalies in scanned containers; and
(4) a plan and schedule to expand the integrated scanning system developed under this section to other container security initiative ports.
(e) Implementation
(Pub. L. 109–295, title V, § 558, Oct. 4, 2006, 120 Stat. 1392.)
§ 982. Screening and scanning of cargo containers
(a) One hundred percent screening of cargo containers and 100 percent scanning of high-risk containers
(1) Screening of cargo containers
(2) Scanning of high-risk containers
(b) Full-scale implementation
(1) In general
(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
(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 accordance with paragraph (1) are not available for purchase and installation.
(B) Systems to scan containers in accordance with paragraph (1) do not have a sufficiently low false alarm rate for use in the supply chain.
(C) Systems to scan containers in accordance with paragraph (1) cannot be purchased, deployed, or operated at ports overseas, including, if applicable, because a port does not have the physical characteristics to install such a system.
(D) Systems to scan containers in accordance with paragraph (1) cannot be integrated, as necessary, with existing systems.
(E) Use of systems that are available to scan containers in accordance with paragraph (1) will significantly impact trade capacity and the flow of cargo.
(F) Systems to scan containers in accordance with paragraph (1) do not adequately provide an automated notification of questionable or high-risk cargo as a trigger for further inspection by appropriately trained personnel.
(5) Exemption for military cargo
(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 affected by the extension;
(B) provides supporting evidence to support 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 implemented as early as possible at the port or ports that are the subject of the report.
(7) Report on renewal of extension
(8) Scanning technology standards
In implementing paragraph (1), the Secretary shall—
(A) establish technological and operational standards for systems to scan containers;
(B) ensure that the standards are consistent with the global nuclear detection architecture 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 programs at foreign ports.
(9) International trade and other obligations
(c) Report
(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.)
§ 983. Inspection technology and training
(a) In general
(b) Acquisition and training
Unless otherwise prohibited by law, the Secretary 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 nonreimbursable loans or the transfer of ownership of equipment; and
(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.)
§ 984. Repealed. Pub. L. 115–254, div. J, § 1816(f), Oct. 5, 2018, 132 Stat. 3541
§ 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 interchange of information between the private sector and the Department concerning developments and security risks in the supply chain environment.
(b) System
(c) Consultation
(d) Independently obtained information
(e) Authority to issue warnings
The Secretary may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential risks to the supply 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 submitting person or entity, or is otherwise not appropriately in the public domain.
(Pub. L. 109–347, title II, § 236, Oct. 13, 2006, 120 Stat. 1919.)