§901 — Title 6 Domestic Security | U.S. Code

Summary

The Act gives clear meanings for important words used later. "Appropriate congressional committees" means certain Senate and House committees (like Appropriations, Commerce, Finance, Homeland Security, Transportation, Ways and Means) and other committees when needed. "Commercial Operations Advisory Committee" means the advisory group set up under the Omnibus Budget Reconciliation Act of 1987 or any successor. "Commercial seaport personnel" means workers who load or unload ships, move or track cargo, fix intermodal gear, run cargo equipment, or handle mooring lines when a vessel ties up or leaves in the U.S. "Commissioner" means the head of U.S. Customs and Border Protection. "Container" means the term as defined by the International Convention for Safe Containers. "Container security device" means a system that identifies a container, detects and records unauthorized entry, prevents tampering through the supply chain, and has a low false alarm rate set by the Secretary. "Department" means the Department of Homeland Security. "Examination" means an inspection of cargo using nonintrusive imaging or detection to find misdeclared, restricted, or prohibited items. "Inspection" means CBP’s full process to check imported goods for duties, illegal items, and legal compliance, which can include screening, examination, or search. "International supply chain" means the whole shipping path from maker or supplier through distribution to the destination to or from the U.S. "Radiation detection equipment" means any technology that can detect or ID nuclear or radiological material or devices. "Scan" means using nonintrusive imaging, radiation detection, or both to capture data or images of a container. "Screening" means a visual or automated review of shipment information to spot misdeclared or banned items and assess threat. "Search" means opening a container and unloading and visually inspecting its contents. "Secretary" means the Secretary of Homeland Security. "Transportation disruption" means a major delay or stoppage in trade caused by a natural disaster, higher threat level, an act of terrorism, or a transportation security incident. "Transportation security incident" has the meaning given in Title 46, section 70101(6).

Title 6, §901

Domestic Security — Source: USLM XML via OLRC

In this Act:

(1)Except as otherwise provided, the term “appropriate congressional committees” means—

(A)the Committee on Appropriations of the Senate;

(B)the Committee on Commerce, Science, and Transportation of the Senate;

(C)the Committee on Finance of the Senate;

(D)the Committee on Homeland Security and Governmental Affairs of the Senate;

(E)the Committee on Appropriations of the House of Representatives;

(F)the Committee on Homeland Security of the House of Representatives;

(G)the Committee on Transportation and Infrastructure of the House of Representatives;

(H)the Committee on Ways and Means of the House of Representatives; and

(I)other congressional committees, as appropriate.

(2)The term “Commercial Operations Advisory Committee” means the Advisory Committee established pursuant to section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) 11 See References in Text note below. or any successor committee.

(3)The term “commercial seaport personnel” includes any person engaged in an activity relating to the loading or unloading of cargo or passengers, the movement or tracking of cargo, the maintenance and repair of intermodal equipment, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when a vessel is made fast or let go in the United States.

(4)The term “Commissioner” means the Commissioner responsible for the United States Customs and Border Protection of the Department of Homeland Security.

(5)The term “container” has the meaning given the term in the International Convention for Safe Containers, with annexes, done at Geneva, December 2, 1972 (29 UST 3707).

(6)The term “container security device” means a device, or system, designed, at a minimum, to identify positively a container, to detect and record the unauthorized intrusion of a container, and to secure a container against tampering throughout the supply chain. Such a device, or system, shall have a low false alarm rate as determined by the Secretary.

(7)The term “Department” means the Department of Homeland Security.

(8)The term “examination” means an inspection of cargo to detect the presence of misdeclared, restricted, or prohibited items that utilizes nonintrusive imaging and detection technology.

(9)The term “inspection” means the comprehensive process used by the United States Customs and Border Protection to assess goods entering the United States to appraise them for duty purposes, to detect the presence of restricted or prohibited items, and to ensure compliance with all applicable laws. The process may include screening, conducting an examination, or conducting a search.

(10)The term “international supply chain” means the end-to-end process for shipping goods to or from the United States beginning at the point of origin (including manufacturer, supplier, or vendor) through a point of distribution to the destination.

(11)The term “radiation detection equipment” means any technology that is capable of detecting or identifying nuclear and radiological material or nuclear and radiological explosive devices.

(12)The term “scan” means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a container.

(13)The term “screening” means a visual or automated review of information about goods, including manifest or entry documentation accompanying a shipment being imported into the United States, to determine the presence of misdeclared, restricted, or prohibited items and assess the level of threat posed by such cargo.

(14)The term “search” means an intrusive examination in which a container is opened and its contents are devanned and visually inspected for the presence of misdeclared, restricted, or prohibited items.

(15)The term “Secretary” means the Secretary of Homeland Security.

(16)The term “transportation disruption” means any significant delay, interruption, or stoppage in the flow of trade caused by a natural disaster, heightened threat level, an act of terrorism, or any transportation security incident (as defined in section 70101(6) 1 of title 46).

(17)The term “transportation security incident” has the meaning given the term in section 70101(6) 1 of title 46.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, known as the Security and Accountability For Every Port Act of 2006 or the SAFE Port Act. For complete classification of this Act to the Code, see Tables. section 9503(c) of the Omnibus Budget Reconciliation Act of 1987, referred to in par. (2), is section 9503(c) of title IX of Pub. L. 100–203, which was set out as a note under section 2071 of Title 19, Customs Duties, prior to repeal by Pub. L. 114–125, title I, § 109(g)(1), Feb. 24, 2016, 130 Stat. 137. For establishment of successor committee, see section 4316(a) of Title 19. section 70101(6) of title 46, referred to in pars. (16) and (17), was redesignated section 70101(7) of title 46 by Pub. L. 115–254, div. J, § 1805(b)(1), Oct. 5, 2018, 132 Stat. 3534.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 109–347, § 1(a), Oct. 13, 2006, 120 Stat. 1884, provided that: “This Act [see Tables for classification] may be cited as the ‘Security and Accountability For Every Port Act of 2006’ or the ‘SAFE Port Act’.”

§901 Definitions