[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5420 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5420

 To amend title 46, United States Code, to require inspection of cargo 
                    destined for the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2002

  Mr. Nadler introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 46, United States Code, to require inspection of cargo 
                    destined for the United States.

    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 ``Port Protection Act of 2002''.

SEC. 2. CONTAINERIZED CARGO INSPECTION.

    (a) In General.--Subtitle II of title 46, United States Code, is 
amended by adding at the end the following new part:

                        ``PART K--CARGO SECURITY

        ``CHAPTER 151--CONTAINERIZED AND NONCONTAINERIZED CARGO

``Sec.
``15101. Inspection of cargo containers and noncontainerized cargo 
                            destined for United States.
``15102. Inspection of container vessels prior to entry into United 
                            States port.
``15103. Denial of entry of container vessels.
``Sec. 15101. Inspection of cargo containers and noncontainerized cargo 
              destined for United States.
    ``(a) Effective January 1, 2004, the Secretary of Homeland Security 
shall require for all containerized cargo destined for the United 
States, that each cargo container be inspected, the contents verified, 
and the container sealed--
            ``(1) by personnel of the Department of Homeland Security;
            ``(2) at a port or airport outside the United States; and
            ``(3) before the container is loaded onto or removed from 
        the vessel or airplane, as applicable.
    ``(b)(1) In the case of any cargo container entering the United 
States by any means other than a vessel or an airplane, the Customs 
Service shall not permit the entry of the container without a proper 
and intact inspection seal of the Department of Homeland Security.
    ``(2) The Customs Service shall not permit the entry of any 
noncontainerized cargo by any means other than a vessel or an airplane 
until it has inspected all such cargo and has verified that it does not 
contain a chemical, biological, or nuclear weapon.
``Sec. 15102. Inspection of cargo vessels prior to entry into United 
              States port
    ``(a) The Commandant of the Coast Guard shall board and inspect 
each vessel carrying cargo destined for the United States, at least 200 
miles from the United States.
    ``(b) An inspection under this section shall include physical 
inspection to verify that--
            ``(1) the cargo containers on the vessel have not been 
        tampered with; and
            ``(2) the remainder of the vessel, including but not 
        limited to noncontainerized cargo, the engine room, living 
        quarters, bathrooms, and hull, does not contain a chemical, 
        biological, or nuclear weapon.
``Sec. 15103. Denial of entry of cargo vessels
    ``The Secretary shall deny entry into the territorial waters of the 
United States to any vessel that--
            ``(1) is carrying any cargo that does not comply with the 
        requirements under section 15101;
            ``(2) is not inspected in accordance with section 15102; or
            ``(3) that fails an inspection under section 15102.''.
    (b) Conforming Amendment.--The table of chapters at the beginning 
of subtitle II of tile 46, United States Code, is amended by adding at 
the end the following:

                        ``Part K--Cargo Security

      Containerized and Noncontainerized Cargo..................15101''.
                                 <all>