§ 944. Container security standards and procedures

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   Security and Accountability For Every Port Act of 2006

   Pub. L. 109–347 title II § 204 · 120 Stat. 1884

   Enacted · 6 U.S.C. § 944

   Pub. L. 109–347, title II, § 204, Oct. 13, 2006, 120 Stat. 1905

   Source evidence

   Code source credit
   Pub. L. 109–347, title II, § 204, Oct. 13, 2006, 120 Stat. 1905

   Enacted provision · exact public law section
   SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES. (a) Establishment.— (1) In general.— Deadline. Not later than 90 days after the date of the enactment of this Act, 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.— Deadline. Not later than 180 days after the date of the enactment of this Act, 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.— 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) 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.

2. 2007

   Pub. L. 110–53 title XVII § 1701(b) · 121 Stat. 266

   Substituted · 6 U.S.C. § 944(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) Deadline for Container Security Standards and Procedures.— Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 944(a)(4)) is amended by— (1) striking “(1) Deadline for enforcement.—” and inserting the following: “(1) Deadline for enforcement.— “(A) Enforcement of rule.— ” ; and (2) adding at the end the following: “(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.” .

3. 2007

   Pub. L. 110–53 § 1701(b)(2) · 121 Stat. 266

   Added · 6 U.S.C. § 944(a)(4)(B)

   Pub. L. 110–53, § 1701(b)(2), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(4)(B). Pub. L. 110–53, § 1701(b)(2), added subpar. (B).

   Enacted provision · exact public law section
   (2) adding at the end the following: “(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.” .

3 of 3 references resolved to an enrolled provision