Title 6, Domestic SecurityRelease 119-110

§944 Container Security Standards and Procedures

Title 6 › CHAPTER 3 — SECURITY AND ACCOUNTABILITY FOR EVERY PORT › SUBCHAPTER II — SECURITY OF THE INTERNATIONAL SUPPLY CHAIN › Part A — General Provisions › § 944

Last updated Sep 22, 2026|Official source

Summary

The Secretary must start making rules within 90 days after October 13, 2006 to set minimum standards and procedures for securing containers coming to the United States. An interim final rule must be issued within 180 days after October 13, 2006. If that interim rule is missed, the Secretary must send a letter to the proper congressional committees explaining why and what remains to be done. All containers bound for U.S. ports must meet the standards no later than 2 years after the standards are set. 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 seal standard until the interim rule takes effect. The Secretary must regularly review and improve the standards as new detection technologies become available, especially to guard against the highest-risk threats like weapons of mass destruction. The Secretary is encouraged to work with other federal officials, advisory committees, and international groups (for example IMO, ISO, ILO, and WCO) to promote global container security standards. Actions under this rule must be coordinated with other federal agencies and private stakeholders and must not violate U.S. international trade or other international obligations.

Full Legal Text

Title 6, §944

Domestic Security, Source: USLM XML via OLRC

(a)Establishment
(1)In general
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)Interim rule
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)Missed deadline
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)Deadline for enforcement
(A)Enforcement of rule
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)Interim requirement
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)Review and enhancement
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)International cargo security standards
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)International trade and other obligations
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.

Legislative History

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).

Reference

Citations & Metadata

Citation

6 U.S.C. § 944

Title 6, Domestic Security

Last Updated

Sep 22, 2026

Release point: 119-110