Sail Only if Scanned Act of 2006 - Amends federal shipping law to to authorize an ocean shipping container to enter the United States, either directly or via a foreign port, only if the container is scanned with equipment, and secured with a seal, that meets certain standards before it is loaded on the vessel for shipment to the United States.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4899 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4899
To prohibit the entry of ocean shipping containers into the United
States unless such containers have been scanned and sealed before
loading on the vessel for shipment to the United States, either
directly or via a foreign port.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2006
Mr. Nadler (for himself, Mr. Oberstar, Mr. Brady of Pennsylvania, Mr.
Payne, Mr. Weiner, Mr. Hastings of Florida, Mr. Sanders, Mr. Engel,
Mrs. Maloney, Mr. Bishop of New York, Ms. Schwartz of Pennsylvania, Mr.
DeFazio, and Mr. Honda) introduced the following bill; which was
referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To prohibit the entry of ocean shipping containers into the United
States unless such containers have been scanned and sealed before
loading on the vessel for shipment to the United States, either
directly or via a foreign port.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sail Only if Scanned Act of 2006''.
SEC. 2. REQUIREMENTS RELATING TO ENTRY OF OCEAN SHIPPING CONTAINERS
INTO THE UNITED STATES.
(a) Requirements.--Section 70116 of title 46, United States Code,
is amended by adding at the end the following new subsection:
``(c) Requirements Relating to Entry of Ocean Shipping
Containers.--
``(1) In general.--An ocean shipping container may enter
the United States, either directly or via a foreign port, only
if--
``(A) the container is scanned with equipment that
meets the standards established pursuant to paragraph
(2)(A) and a copy of the scan is provided to the
Secretary, and
``(B) the container is secured with a seal that
meets the standards established pursuant to paragraph
(2)(B),
before the container is loaded on the vessel for shipment to
the United States.
``(2) Standards for scanning equipment and seals.--
``(A) Scanning equipment.--The Secretary shall
establish standards for scanning equipment required to
be used under paragraph (1)(A) to ensure that such
equipment uses the best-available technology, including
technology to scan a container for radiation and
density and, if appropriate, for atomic elements.
``(B) Seals.--The Secretary shall establish
standards for seals required to be used under paragraph
(1)(B) to ensure that such seals use the best-available
technology, including technology to--
``(i) detect any breach into a container;
``(ii) identify the time and place of such
breach;
``(iii) notify the Secretary of such breach
before the container enters the Exclusive
Economic Zone of the United States; and
``(iv) track the time and location of the
container during transit to the United States,
including by truck, rail, or vessel.
``(C) Review and revision.--The Secretary shall
review and, if necessary, revise the standards
established pursuant to subparagraphs (A) and (B) not
less than once every two years.
``(D) Definition.--In subparagraph (B), the term
`Exclusive Economic Zone of the United States' has the
meaning given the term `Exclusive Economic Zone' in
section 2101(10a) of this title.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out section 70116(c) of title 46, United States
Code, as added by subsection (a) of this section, such sums as may be
necessary for fiscal year 2007 and each subsequent fiscal year.
(c) Regulations; Effective Date.--
(1) Regulations.--
(A) Interim final rule.--The Secretary of Homeland
Security shall issue an interim final rule as a
temporary regulation to implement section 70116(c) of
title 46, United States Code, as added by subsection
(a) of this section, not later than 90 days after the
date of the enactment of this section, without regard
to the provisions of chapter 5 of title 5, United
States Code.
(B) Final rule.--The Secretary shall issue a final
rule as a permanent regulation to implement section
70116(c) of title 46, United States Code, as added by
subsection (a) of this section, not later than one year
after the date of the enactment of this section, in
accordance with the provisions of chapter 5 of title 5,
United States Code. The final rule issued pursuant to
that rulemaking may supersede the interim final rule
issued pursuant to subparagraph (A).
(2) Effective date.--The requirements of section 70116(c)
of title 46, United States Code, as added by subsection (a) of
this section, apply with respect to any ocean shipping
container entering the United States, either directly or via a
foreign port, beginning one year after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity.
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