120 STAT. 1908
PUBLIC LAW 109–347—OCT. 13, 2006
technological developments that will assist in ensuring the efficient and secure movement of international cargo. (j) LESSER RISK PORT.—The Secretary, acting through the Commissioner, 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 Security Initiative, 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 designated under CSI that has been identified as high risk, including by the Automated Targeting 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 construed to interfere with the ability of the Secretary to deny entry of any cargo into the United States. (l) REPORT.— (1) IN GENERAL.—Not later than September 30, 2007, the Secretary, acting through the Commissioner, shall, in consultation with other appropriate government officials and the Commercial Operations Advisory Committee, submit a report to the appropriate congressional committees on the effectiveness of, and the need for any improvements to, the Container Security Initiative. The report shall include— (A) a description of the technical assistance delivered to, as well as needed at, each designated seaport; (B) a description of the human capital management plan at each designated seaport; (C) a summary of the requests made by the United States to foreign governments to conduct physical or nonintrusive inspections of cargo at designated seaports, and whether each such request was granted or denied by the foreign government; (D) an assessment of the effectiveness of screening, scanning, and inspection protocols and technologies utilized at designated seaports and the effect on the flow of commerce at such seaports, as well as any recommendations for improving the effectiveness of screening, scanning, and inspection protocols and technologies utilized at designated seaports; (E) a description and assessment of the outcome of any security incident involving a foreign seaport designated under the Container Security Initiative; (F) the rationale for the continuance of each port designated under CSI; (G) a description of the potential for remote targeting to decrease the number of personnel who are deployed at foreign ports under CSI; and (H) a summary and assessment of the aggregate number and extent of trade compliance lapses at each seaport designated under the Container Security Initiative.
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