[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.
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