[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2895 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2895

 To enhance the security of the United States by protecting seaports, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2002

 Mrs. Feinstein (for herself, Mr. Kyl, Mrs. Hutchison, and Ms. Snowe) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To enhance the security of the United States by protecting seaports, 
                        and for other purposes.

    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 ``Comprehensive Seaport and Container 
Security Act of 2002''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Captain-of-the-port.--The term ``Captain-of-the-Port'' 
        means the United States Coast Guard's Captain-of-the-Port.
            (2) Common carrier.--The term ``common carrier'' means any 
        person that holds itself out to the general public to provide 
        transportation by water, land, or air of merchandise, whether 
        or not the person actually operates the vessel, vehicle, or 
        aircraft by which the transportation is provided, between a 
        port or place and a port or place in the United States.
            (3) Container.--The term ``container'' means a container 
        which is used or designed for use for the international 
        transportation of merchandise by vessel, vehicle, or aircraft.
            (4) Manufacturer.--The term ``manufacturer'' means a person 
        who fabricates or assembles merchandise for sale in commerce.
            (5) Merchandise.--The term ``merchandise'' has the meaning 
        given that term in section 401 of the Tariff Act of 1930 (19 
        U.S.C. 1401).
            (6) Ocean transportation intermediary.--The term ``ocean 
        transportation intermediary'' has the meaning given that term 
        in section 515.2 of title 46, Code of Federal Regulations, on 
        the date of enactment of this Act.
            (7) Shipment.--The term ``shipment'' means cargo traveling 
        in international commerce under a bill of lading.
            (8) Shipper.--The term ``shipper'' means--
                    (A) a cargo owner;
                    (B) the person for whose account the ocean 
                transportation is provided;
                    (C) the person to whom delivery of the merchandise 
                is to be made; or
                    (D) a common carrier that accepts responsibility 
                for payment of all charges applicable under a tariff or 
                service contract.
            (9) United states seaport.--The term ``United States 
        seaport'' means a place in the United States on a waterway with 
        shoreside facilities for the intermodal transfer of cargo 
        containers that are used in international trade.
            (10) Vessel.--The term ``vessel'' has the meaning given 
        that term in section 401 of the Tariff Act of 1930 (19 U.S.C. 
        1401).

                  TITLE I--LAW ENFORCEMENT AT SEAPORTS

SEC. 101. DESIGNATED SECURITY AUTHORITY.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Under Secretary of Transportation for Security, after 
consultation with the Director of the Office of Homeland Security, 
shall designate a Director of the Port who will be the primary 
authority responsible for security at each United States seaport to--
            (1) coordinate security at such seaport; and
            (2) be the point of contact on seaport security issues for 
        civilian and commercial port entities at such seaport.
    (b) Delegation.--A Director of the Port may delegate the 
responsibilities described in subsection (a) to the Captain-of-the-
Port.

SEC. 102. FBI CRIME DATA COLLECTION.

    Not later than 180 days after the date of enactment of this Act, 
the Director of the Federal Bureau of Investigation shall implement a 
data collection system to compile data related to crimes at or 
affecting United States seaports. Such data collection system shall be 
designed to--
            (1) identify patterns of criminal activity at particular 
        seaports; and
            (2) allow law enforcement authorities, including the 
        designated law enforcement authority for each seaport described 
        in section 101, to retrieve reliable data regarding such 
        crimes.

SEC. 103. CUSTOMS SERVICE FACILITIES.

    (a) Operational Space in Seaports.--Each entity that owns or 
operates a United States seaport that receives cargo from a foreign 
country, whether governmental, quasi-governmental, or private, shall 
allow the use of permanent suitable office and inspection space within 
the seaport by United States Customs Service officers at no cost to the 
Customs Service.
    (b) Inspection Technology.--The Commissioner of Customs shall 
maintain permanent inspection facilities that utilize available 
inspection technology in the space provided at each United States 
seaport pursuant to subsection (a).

SEC. 104. REGULATION OF OCEAN TRANSPORT INTERMEDIARIES.

    (a) Transfer of Authority.--The responsibility to license, and 
revoke or suspend a license, as an ocean transportation intermediary of 
a person who carries on or wishes to carry on the business of providing 
intermediary services is transferred from the Federal Maritime 
Commission to the Commissioner of Customs.
    (b) Rulemaking Authority.--Not later than 1 year after the date of 
enactment of this Act, the Commissioner of Customs shall issue final 
regulations to carry out the requirements of subsection (a). Such 
regulations shall require that ocean transportation intermediaries 
assist the Commissioner of Customs in collecting data that can be used 
to prevent terrorist attacks in the United States.
    (c) Interim Rules.--The Commissioner of Customs shall enforce the 
regulations in part 515 of title 46, Code of Federal Regulations, as in 
effect on the date of enactment of this Act, until the final 
regulations required by subsection (b) are issued, except that any 
reference to the Federal Maritime Commission in such regulations shall 
be deemed to be a reference to the Commissioner of Customs.
    (d) Continuing Effect of Legal Documents.--All orders, 
determinations, rules, regulations, permits, agreements, grants, 
contracts, certificates, licenses, registrations, privileges, and other 
administrative actions relating to ocean transportation intermediary--
            (1) which have been issued, made, granted, or allowed to 
        become effective by the President, any Federal agency or 
        official thereof, or by a court of competent jurisdiction, in 
        the performance of functions which are transferred under 
        subsection (a), and
            (2) which are in effect at the time this Act takes effect, 
        or were final before the effective date of this Act and are to 
        become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, the head of the Federal agency to which such functions 
are transferred under this Act or other authorized official, a court of 
competent jurisdiction, or by operation of law.
    (e) Proceedings Not Affected.--
            (1) In general.--The provisions of this Act shall not 
        affect any proceedings, including notices of proposed rule 
        making, or any application for any license, permit, 
        certificate, or financial assistance pending on the effective 
        date of this Act before the Federal Maritime Commission with 
        respect to functions transferred by this Act, but such 
        proceedings or applications, to the extent that they relate to 
        functions transferred, shall be continued. Orders shall be 
        issued in such proceedings, appeals shall be taken therefrom, 
        and payments shall be made under such orders, as if this Act 
        had not been enacted, and orders issued in any such proceedings 
        shall continue in effect until modified, terminated, 
        superseded, or revoked by the head of the Federal agency to 
        which such functions are transferred by this Act, by a court of 
        competent jurisdiction, or by operation of law. Nothing in this 
        subsection prohibits the discontinuance or modification of any 
        such proceeding under the same terms and conditions and to the 
        same extent that such proceeding could have been discontinued 
        or modified if this Act had not been enacted.
            (2) Regulations.--The Commissioner of Customs is authorized 
        to issue regulations providing for the orderly transfer of 
        proceedings continued under paragraph (1).

                    TITLE II--PUSHING OUT THE BORDER

SEC. 201. INSPECTION OF MERCHANDISE AT FOREIGN FACILITIES.

    Not later than 180 days after the date of enactment of this Act, 
the Commissioner of Customs, in consultation with the Under Secretary 
of Transportation for Security, shall submit to Congress a plan to--
            (1) station inspectors from the Customs Service, other 
        Federal agencies, or the private sector at the foreign 
        facilities of manufacturers or common carriers to profile and 
        inspect merchandise and the containers or other means by which 
        such merchandise is transported as they are prepared for 
        shipment on a vessel that will arrive at any port or place in 
        the United States;
            (2) develop procedures to ensure the security of 
        merchandise inspected as described in paragraph (1) until it 
        reaches the United States; and
            (3) permit merchandise inspected as described in paragraph 
        (1) to receive expedited inspection upon arrival in the United 
        States.

SEC. 202. MANIFEST REQUIREMENTS.

    Section 431(b) of the Tariff Act of 1930 (19 U.S.C. 1431(b)) is 
amended--
            (1) by striking ``Any manifest'' and inserting the 
        following:
            ``(1) In general.--Any manifest''; and
            (2) by adding at the end the following new paragraphs:
            ``(2) Required information.--
                    ``(A) Requirement.--In addition to any other 
                requirement under this section, the pilot, master, 
                operator, or owner (or the authorized agent of such 
                owner or operator) of every vessel required to make 
                entry or obtain clearance under the customs laws of the 
                United States shall, not later than 24 hours prior to 
                departing from any foreign port or place for a port or 
                place in the United States, transmit electronically the 
                cargo manifest information described in subparagraph 
                (B) in such manner and form as the Secretary shall 
                prescribe. The Secretary shall ensure the electronic 
                information is maintained securely, and is available 
                only to individuals with Federal Government security 
                responsibilities.
                    ``(B) Content.--The cargo manifest required by 
                subparagraph (A) shall consist of the following 
                information--
                            ``(i) The port of arrival and departure.
                            ``(ii) The carrier code assigned to the 
                        shipper.
                            ``(iii) The flight, voyage, or trip number.
                            ``(iv) The date of scheduled arrival and 
                        departure.
                            ``(v) A request for a permit to proceed to 
                        the destination, if such permit is required.
                            ``(vi) The numbers and quantities from the 
                        carrier's master air waybill, bills of lading, 
                        or ocean bills of lading.
                            ``(vii) The first port of lading of the 
                        cargo and the city in which the carrier took 
                        receipt of the cargo.
                            ``(viii) A description and weight of the 
                        cargo (including the Harmonized Tariff Schedule 
                        of the United States number under which the 
                        cargo is classified) or, for a sealed 
                        container, the shipper's declared description 
                        and weight of the cargo.
                            ``(ix) The shipper's name and address, or 
                        an identification number, from all air waybills 
                        and bills of lading.
                            ``(x) The consignee's name and address, or 
                        an identification number, from all air waybills 
                        and bills of lading.
                            ``(xi) Notice of any discrepancy between 
                        actual boarded quantities and air waybill or 
                        bills of lading quantities, except that a 
                        carrier is not required by this clause to 
                        verify boarded quantities of cargo in sealed 
                        containers.
                            ``(xii) Transfer or transit information for 
                        the cargo while it has been under the control 
                        of the carrier.
                            ``(xiii) The location of the warehouse or 
                        other facility where the cargo was stored while 
                        under the control of the carrier.
                            ``(xiv) The name and address, or 
                        identification number of the carrier's customer 
                        including the forwarder, nonvessel operating 
                        common carrier, and consolidator.
                            ``(xv) The conveyance name, national flag, 
                        and tail number, vessel number, or train 
                        number.
                            ``(xvi) Country of origin and ultimate 
                        destination.
                            ``(xvii) Carrier's reference number 
                        including the booking or bill number.
                            ``(xviii) Shipper's commercial invoice 
                        number and purchase order number.
                            ``(xix) Information regarding any hazardous 
                        material contained in the cargo.
                            ``(xx) License information including the 
                        license code, license number, or exemption 
                        code.
                            ``(xxi) Container number for containerized 
                        shipments.
                            ``(xxii) Certification of any empty 
                        containers.
                            ``(xxiii) Any additional information that 
                        the Secretary by regulation determines is 
                        reasonably necessary to ensure aviation, 
                        maritime, and surface transportation safety 
                        pursuant to those laws enforced and 
                        administered by the Customs Service.''.

SEC. 203. PENALTIES FOR INACCURATE MANIFEST.

    (a) Falsity or Lack of Manifest.--Section 584 of the Tariff Act of 
1930 (19 U.S.C. 1584) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``$1,000'' each place it appears 
                and inserting ``$50,000''; and
                    (B) by striking ``$10,000'' and inserting 
                ``$50,000''; and
            (2) by adding at the end the following new subsection:
    ``(c) Criminal Penalties.--Any person who ships or prepares for 
shipment any merchandise bound for the United States who intentionally 
provides inaccurate or false information, whether inside or outside the 
United States, with respect to such merchandise for the purpose of 
introducing such merchandise into the United States in violation of the 
customs laws of the United States, is liable, upon conviction of a 
violation of this subsection, for a fine of not more than $50,000 or 
imprisonment for 1 year, or both; except that if the importation of 
such merchandise into the United States is prohibited, such person is 
liable for an additional fine of not more than $50,000 or imprisonment 
for not more than 5 years, or both.''.
    (b) Penalties for Violations of the Arrival, Reporting, Entry, and 
Clearance Requirements.--Subsections (b) and (c) of section 436 of 
Tariff Act of 1930 (19 U.S.C. 1436 (b) and (c)) are amended to read as 
follows:
    ``(b) Civil Penalty.--Any master, person in charge of a vessel, 
vehicle, or aircraft pilot who commits any violation listed in 
subsection (a) is liable for a civil penalty of $25,000 for the first 
violation, and $50,000 for each subsequent violation, and any 
conveyance used in connection with any such violation is subject to 
seizure and forfeiture.
    ``(c) Criminal Penalty.--In addition to being liable for a civil 
penalty under subsection (b), any master, person in charge of a vessel, 
vehicle, or aircraft pilot who intentionally commits or causes another 
to commit any violation listed in subsection (a) is, upon conviction, 
liable for a fine of not more than $50,000 or imprisonment for 1 year, 
or both; except that if the conveyance has, or is discovered to have 
had, on board any merchandise (other than sea stores or the equivalent 
for conveyances other than vessels) the importation of which into the 
United States is prohibited, such individual is liable for an 
additional fine of not more than $50,000 or imprisonment for not more 
than 5 years, or both.''.

SEC. 204. SHIPMENT PROFILING PLAN.

    (a) In General.--The Commissioner of Customs, after consultation 
with the Director of the Office of Homeland Security and the Under 
Secretary of Transportation for Security, shall develop a shipment 
profiling plan to track containers and shipments of merchandise that 
will be imported into the United States for the purpose of identifying 
any shipment that is a threat to the security of the United States 
before such shipment is transported to a United States seaport.
    (b) Information Requirements.--The shipment profiling plan 
described in subsection (a) shall at a minimum--
            (1) require common carriers, shippers, and ocean 
        transportation intermediaries to provide appropriate 
        information regarding each shipment of merchandise, including 
        the information required under section 431(b) of the Tariff Act 
        of 1930 (19 U.S.C. 1431(b)) as amended by this Act, to the 
        Commissioner of Customs; and
            (2) require shippers to use a standard international bill 
        of lading for each shipment that includes--
                    (A) the weight of the cargo;
                    (B) the value of the cargo;
                    (C) the vessel name;
                    (D) the voyage number;
                    (E) a description of each container;
                    (F) a description of the nature, type, and contents 
                of the shipment;
                    (G) the code number from Harmonized Tariff 
                Schedule;
                    (H) the port of destination;
                    (I) the final destination of the cargo;
                    (J) the means of conveyance of the cargo;
                    (K) the origin of the cargo;
                    (L) the name of the precarriage deliverer or agent;
                    (M) the port at which the cargo was loaded;
                    (N) the name of formatting agent;
                    (O) the bill of lading number;
                    (P) the name of the shipper;
                    (Q) the name of the consignee;
                    (R) the universal transaction number or carrier 
                code assigned to the shipper by the Commissioner of 
                Customs; and
                    (S) any additional information that the 
                Commissioner of Customs by regulation determines is 
                reasonably necessary to ensure seaport safety.
    (c) Creation of Profile.--The Commissioner of Customs shall combine 
the information described in subsection (b) with other law enforcement 
and national security information that the Commissioner believes will 
assist in locating containers and shipments that could pose a threat to 
the security of the United States to create a profile of every 
container and every shipment within the container that will enter the 
United States.
    (d) Cargo Screening.--
            (1) In general.--Customs Service officers shall review the 
        profile of a shipment that a shipper desires to transport into 
        the United States to determine if the shipment or the container 
        in which it is carried should be subjected to additional 
        inspection by the Customs Service. In making that 
        determination, the Customs Service officers shall consider in 
        addition to any other relevant factors--
                    (A) whether the shipper has regularly shipped cargo 
                to the United States in the past; and
                    (B) the specificity of the description of the 
                shipment's contents.
            (2) Notification.--The Commissioner of Customs shall notify 
        the shipper and the person in charge of the vessel on which a 
        shipment is located if the shipment will be subject to 
        additional inspection as described in paragraph (1).
    (e) Consistency With the Automated Commercial Environment 
Project.--The Commissioner of Customs shall ensure that the automated 
commercial environment project developed pursuant to section 411 of the 
Tariff Act of 1930 (19 U.S.C. 1411) is compatible with the shipment 
profile plan described under this section.

          TITLE III--SECURITY OF CARGO CONTAINERS AND SEAPORTS

SEC. 301. SEAPORT SECURITY CARDS.

    (a) Requirement for Cards.--Not later than 1 year after the date of 
enactment of this Act, a covered individual described in subsection (b) 
shall not be permitted to enter a United States seaport unless the 
covered individual holds a seaport security card as described in this 
section.
    (b) Covered Individual.--A ``covered individual'' means an 
individual who is regularly employed at a United States seaport or who 
is employed by a common carrier that transports merchandise to or from 
a United States seaport.
    (c) Issuance.--
            (1) In general.--The Under Secretary of Transportation for 
        Security shall issue a seaport security card under this section 
        to a covered individual unless the Under Secretary determines 
        that the individual--
                    (A) poses a terrorism security risk;
                    (B) poses a security risk under section 5103a of 
                title 49, United States Code;
                    (C) has been convicted of a violation of chapter 27 
                of title 18, United States Code; or
                    (D) has not provided sufficient information to 
                allow the Under Secretary to make the determinations 
                described in subparagraph (A), (B), or (C).
            (2) Determination of terrorism security risk.--The Under 
        Secretary shall determine that a person poses a terrorism 
        security risk under paragraph (1)(A) if the individual--
                    (A) has been convicted of a felony that the Under 
                Secretary believes could be a terrorism security risk 
                to the United States;
                    (B) may be denied admission to the United States or 
                removed from the United States under the Immigration 
                and Nationality Act (8 U.S.C. 1101 et seq.); or
                    (C) otherwise poses a terrorism security risk to 
                the United States.
            (3) Considerations.--In making a determination under 
        paragraph (2), the Under Secretary shall give consideration to 
        the circumstances of any disqualifying act or offense, 
        restitution made by the individual, Federal and State 
        mitigation remedies, and other factors from which it may be 
        concluded that the individual does not pose a terrorism 
        security risk sufficient to warrant denial of the card.
    (d) Appeals.--The Under Secretary of Transportation for Security 
shall establish an appeals process under this section for individuals 
found to be ineligible for a seaport security card that includes notice 
and an opportunity for a hearing.
    (e) Data on Card.--The seaport identification cards required by 
subsection (a) shall--
            (1) be tamper resistant; and
            (2) contain--
                    (A) the number of the individual's commercial 
                driver's license issued under chapter 313 of title 49, 
                United States Code, if any;
                    (B) the State-issued vehicle registration number of 
                any vehicle that the individual desires to bring into 
                the seaport, if any;
                    (C) the work permit number issued to the 
                individual, if any;
                    (D) a unique biometric identifier to identify the 
                license holder; and
                    (E) a safety rating assigned to the individual by 
                the Under Secretary of Transportation for Security.

SEC. 302. SEAPORT SECURITY REQUIREMENTS.

    (a) Requirement.--Not later than 180 days after the date of 
enactment of this Act, the Under Secretary of Transportation for 
Security, after consultation with the Commissioner of Customs, shall 
issue final regulations setting forth minimum security requirements 
including security performance standards at United States seaports. The 
regulations shall--
            (1) limit private vehicle access to United States seaports 
        to vehicles that are registered at the seaport and display a 
        seaport registration pass;
            (2) prohibit individuals, other than law enforcement 
        officers, from carrying firearms or explosives inside a United 
        States seaport without written authorization from the Director 
        of the Port described in section 101(a) or, if authority is 
        delegated under section 101(b), the Captain-of-the-Port;
            (3) prohibit individuals from physically accessing a United 
        States seaport without a seaport specific access pass;
            (4) require that Customs Service officers, and other 
        appropriate law enforcement officers, at United States seaports 
        be provided and utilize personal radiation detection pagers to 
        increase the ability of the Customs Service to accurately 
        detect radioactive materials that could be used to commit 
        terrorist acts in the United States;
            (5) require that each United States seaport maintain--
                    (A) a secure perimeter;
                    (B) secure parking facilities;
                    (C) monitored or locked access points;
                    (D) sufficient lighting; and
                    (E) secure buildings within the seaport; and
            (6) include any additional security requirement that the 
        Under Secretary determines is reasonably necessary to ensure 
        seaport security.
    (b) Limitation.--Except as provided in subsection (c), any United 
States seaport that does not meet the minimum security requirements 
described in subsection (a) is prohibited from--
            (1) handling, storing, stowing, loading, discharging, or 
        transporting dangerous cargo; and
            (2) transferring passengers to or from a passenger vessel 
        that--
                    (A) weighs more than 100 gross tons;
                    (B) carries more than 12 passengers for hire; and
                    (C) has a planned voyage of more than 24 hours, 
                part of which is on the high seas.
    (c) Exception.--The Under Secretary of Transportation for Security 
may waive 1 or more of the minimum requirements described in subsection 
(a) for a United States seaport if the Secretary determines that it is 
not appropriate for such seaport to implement the requirement.

SEC. 303. SECURING SENSITIVE INFORMATION.

    (a) Requirement.--Not later than 90 days after the date of 
enactment of this Act, the Director of the Port described in section 
101(a) or, if authority is delegated under section 101(b), the Captain-
of-the-Port of each United States seaport shall secure and protect all 
sensitive information, including information that is currently 
available to the public, related to the seaport.
    (b) Sensitive Information.--In this section, the term ``sensitive 
information'' means--
            (1) maps of the seaport;
            (2) blueprints of structures located within the seaport; 
        and
            (3) any other information related to the security of the 
        seaport that the Director of the Port described in section 
        101(a) or, if authority is delegated under section 101(b), the 
        Captain-of-the-Port determines is appropriate to secure and 
        protect.

SEC. 304. CONTAINER SECURITY.

    (a) Container Seals.--
            (1) Approval.--Not later than 90 days after the date of 
        enactment of this Act, the Under Secretary of Transportation 
        for Security and the Commissioner of Customs shall jointly 
        approve minimum standards for high security container seals 
        that--
                    (A) meet or exceed the American Society for Testing 
                Materials Level D seals;
                    (B) permit each seal to have a unique 
                identification number; and
                    (C) contain an electronic tag that can be read 
                electronically at a seaport.
            (2) Requirement for use.--Within 180 days after the date of 
        enactment of this Act, the Under Secretary of Transportation 
        for Security shall deny entry by a vessel into the United 
        States if the containers carried by the vessel are not sealed 
        with a high security container seal approved under paragraph 
        (1).
    (b) Identification Number.--
            (1) Requirement.--A shipment that is shipped to or from the 
        United States either directly or via a foreign port shall have 
        a designated universal transaction number.
            (2) Tracking.--The person responsible for the security of a 
        container shall record the universal transaction number 
        assigned to the shipment under subparagraph (1), as well as any 
        seal identification number on the container, at every port of 
        entry and point at which the container is transferred from one 
        conveyance to another conveyance.
    (c) Pilot Program.--
            (1) Grants.--The Under Secretary of Transportation for 
        Security is authorized to award grants to eligible entities to 
        develop improved seals for cargo containers that are able to--
                    (A) immediately detect tampering with the seal;
                    (B) immediately detect tampering with the walls, 
                ceiling, or floor of the container that indicates a 
                person is attempting to improperly access the 
                container; and
                    (C) transmit information regarding tampering with 
                the seal, walls, ceiling, or floor of the container in 
                real time to the appropriate authorities at a remote 
                location.
            (2) Application.--Each eligible entity desiring a grant 
        under this subsection shall submit an application to the Under 
        Secretary at such time, in such manner, and accompanied by such 
        information as the Under Secretary may reasonably require.
            (3) Eligible entity.--In this subsection, the term 
        ``eligible entity'' means any national laboratory, nonprofit 
        private organization, institution of higher education, or other 
        entity that the Under Secretary determines is eligible to 
        receive a grant authorized by paragraph (1).
    (d) Empty Containers.--
            (1) Certification.--The Commissioner of Customs shall issue 
        regulations that set out requirements for certification of 
        empty containers that will be shipped to or from the United 
        States either directly or via a foreign port. Such regulations 
        shall require that an empty container--
                    (A) be inspected and certified as empty prior to 
                being loaded onto a vessel for transportation to a 
                United States seaport; and
                    (B) be sealed with a high security container seal 
                approved under subsection (a)(1) to enhance the 
                security of United States seaports.
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