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

Summary

The Secretary must start a rulemaking within 90 days after October 13, 2006 to create minimum security standards and procedures for containers coming to the United States. An interim final rule must be issued within 180 days after October 13, 2006. If the Secretary cannot meet that 180-day deadline, they must send a letter to the appropriate congressional committees explaining why and what is needed. Within two years after the standards are set, all containers bound for U.S. ports must meet them. If the interim rule is not issued by April 1, 2008, then by October 15, 2008 all containers in transit to the U.S. must meet the International Organization for Standardization Publicly Available Specification 17712 sealing standard; that ISO requirement ends when the interim rule takes effect. The Secretary must regularly update the standards as new container-intrusion detection technologies and protections against the highest-consequence threats (especially weapons of mass destruction) become available. The Secretary should work with other federal officials, advisory committees, foreign governments, and international groups (including the IMO, ISO, ILO, and WCO) to promote global container security. The Secretary must consult federal agencies and private industry and make sure actions do not violate U.S. international trade or other international obligations.

Title 6, §944

Domestic Security — Source: USLM XML via OLRC

(a)(1)Not later than 90 days after October 13, 2006, the Secretary shall initiate a rulemaking proceeding to establish minimum standards and procedures for securing containers in transit to the United States.

(2)Not later than 180 days after October 13, 2006, the Secretary shall issue an interim final rule pursuant to the proceeding described in paragraph (1).

(3)If the Secretary is unable to meet the deadline established pursuant to paragraph (2), the Secretary shall submit a letter to the appropriate congressional committees explaining why the Secretary is unable to meet that deadline and describing what must be done before such minimum standards and procedures can be established.

(4)(A)Not later than 2 years after the date on which the standards and procedures are established pursuant to paragraph (1), all containers bound for ports of entry in the United States shall meet such standards and procedures.

(B)If the interim final rule described in paragraph (2) is not issued by April 1, 2008, then—

(i)effective not later than October 15, 2008, all containers in transit to the United States shall be required to meet the requirements of International Organization for Standardization Publicly Available Specification 17712 standard for sealing containers; and

(ii)the requirements of this subparagraph shall cease to be effective upon the effective date of the interim final rule issued pursuant to this subsection.

(b)The Secretary shall regularly review and enhance the standards and procedures established pursuant to subsection (a), as appropriate, based on tests of technologies as they become commercially available to detect container intrusion and the highest consequence threats, particularly weapons of mass destruction.

(c)The Secretary, in consultation with the Secretary of State, the Secretary of Energy, and other Federal Government officials, as appropriate, and with the Commercial Operations Advisory Committee, the Homeland Security Advisory Committee, and the National Maritime Security Advisory Committee, is encouraged to promote and establish international standards for the security of containers moving through the international supply chain with foreign governments and international organizations, including the International Maritime Organization, the International Organization for Standardization, the International Labor Organization, and the World Customs Organization.

(d)In carrying out this section, the Secretary shall consult with appropriate Federal departments and agencies and private sector stakeholders and ensure that actions under this section do not violate international trade obligations or other international obligations of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2007—Subsec. (a)(4). Pub. L. 110–53, which directed amendment of par. (4) by substituting “(1) Deadline for

Enforcement

” and subpar. (A) designation and heading for “(1) Deadline for

Enforcement

”, was executed by inserting the subpar. (A) designation and heading before “Not later than” and making no change in the par. designation or heading, to reflect the probable intent of Congress. Subsec. (a)(4)(B). Pub. L. 110–53, § 1701(b)(2), added subpar. (B).

§944 Container Security Standards and Procedures

Summary

Title 6, §944

Notes & Related Subsidiaries

Editorial Notes

Amendments

Enforcement

Enforcement

Citations & Metadata