2011 US Code
Title 6 - Domestic Security
Chapter 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT (§§ 901 - 1003)
Subchapter II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN (§§ 941 - 985)
Part C - Miscellaneous Provisions (§§ 981 - 985)
Section 982 - Screening and scanning of cargo containers
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 6 - DOMESTIC SECURITY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 6 - DOMESTIC SECURITY CHAPTER 3 - SECURITY AND ACCOUNTABILITY FOR EVERY PORT SUBCHAPTER II - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN Part C - Miscellaneous Provisions Sec. 982 - Screening and scanning of cargo containers |
Contains | section 982 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 109-347, title II, §232, Oct. 13, 2006, 120 Stat. 1916; Pub. L. 110-53, title XVII, §1701(a), Aug. 3, 2007, 121 Stat. 489. |
Statutes at Large References | 116 Stat. 2135 120 Stat. 1916 121 Stat. 489 |
Public Law References | Public Law 107-296, Public Law 109-347, Public Law 110-53 |
Download PDF
The Secretary shall ensure that 100 percent of the cargo containers originating outside the United States and unloaded at a United States seaport undergo a screening to identify high-risk containers.
(2) Scanning of high-risk containersThe Secretary shall ensure that 100 percent of the containers that have been identified as high-risk under paragraph (1), or through other means, are scanned or searched before such containers leave a United States seaport facility.
(b) Full-scale implementation (1) In generalA container that was loaded on a vessel in a foreign port shall not enter the United States (either directly or via a foreign port) unless the container was scanned by nonintrusive imaging equipment and radiation detection equipment at a foreign port before it was loaded on a vessel.
(2) ApplicationParagraph (1) shall apply with respect to containers loaded on a vessel in a foreign country on or after the earlier of—
(A) July 1, 2012; or
(B) such other date as may be established by the Secretary under paragraph (3).
(3) Establishment of earlier deadlineThe Secretary shall establish a date under (2)(B) 1 pursuant to the lessons learned through the pilot integrated scanning systems established under section 981 of this title.
(4) ExtensionsThe Secretary may extend the date specified in paragraph (2)(A) or (2)(B) for 2 years, and may renew the extension in additional 2-year increments, for containers loaded in a port or ports, if the Secretary certifies to Congress that at least two of the following conditions exist:
(A) Systems to scan containers in accordance with paragraph (1) are not available for purchase and installation.
(B) Systems to scan containers in accordance with paragraph (1) do not have a sufficiently low false alarm rate for use in the supply chain.
(C) Systems to scan containers in accordance with paragraph (1) cannot be purchased, deployed, or operated at ports overseas, including, if applicable, because a port does not have the physical characteristics to install such a system.
(D) Systems to scan containers in accordance with paragraph (1) cannot be integrated, as necessary, with existing systems.
(E) Use of systems that are available to scan containers in accordance with paragraph (1) will significantly impact trade capacity and the flow of cargo.
(F) Systems to scan containers in accordance with paragraph (1) do not adequately provide an automated notification of questionable or high-risk cargo as a trigger for further inspection by appropriately trained personnel.
(5) Exemption for military cargoNotwithstanding any other provision in the section, supplies bought by the Secretary of Defense and transported in compliance section 2631 of title 10 and military cargo of foreign countries are exempt from the requirements of this section.
(6) Report on extensionsAn extension under paragraph (4) for a port or ports shall take effect upon the expiration of the 60-day period beginning on the date the Secretary provides a report to Congress that—
(A) states what container traffic will be affected by the extension;
(B) provides supporting evidence to support the Secretary's certification of the basis for the extension; and
(C) explains what measures the Secretary is taking to ensure that scanning can be implemented as early as possible at the port or ports that are the subject of the report.
(7) Report on renewal of extensionIf an extension under paragraph (4) takes effect, the Secretary shall, after one year, submit a report to Congress on whether the Secretary expects to seek to renew the extension.
(8) Scanning technology standardsIn implementing paragraph (1), the Secretary shall—
(A) establish technological and operational standards for systems to scan containers;
(B) ensure that the standards are consistent with the global nuclear detection architecture developed under the Homeland Security Act of 2002 [6 U.S.C. 101 et seq.]; and
(C) coordinate with other Federal agencies that administer scanning or detection programs at foreign ports.
(9) International trade and other obligationsIn carrying out this subsection, 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, and are consistent with the World Customs Organization framework, or other international obligations of the United States.
(c) ReportNot later than 6 months after the submission of a report under section 981(d) of this title, and every 6 months thereafter, the Secretary shall submit a report to the appropriate congressional committees describing the status of full-scale deployment under subsection (b) and the cost of deploying the system at each foreign port at which the integrated scanning systems are deployed.
(Pub. L. 109–347, title II, §232, Oct. 13, 2006, 120 Stat. 1916; Pub. L. 110–53, title XVII, §1701(a), Aug. 3, 2007, 121 Stat. 489.)
References in TextThe Homeland Security Act of 2002, referred to in subsec. (b)(8)(B), is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to chapter 1 (§101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Amendments2007—Subsec. (b). Pub. L. 110–53 reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text related to full deployment of an integrated scanning system after the Secretary had determined that such system had met section 981(c) requirements, had a sufficiently low false alarm rate, was capable of being deployed overseas, was capable of integrating with existing systems, would not significantly impact trade flow, and had provided for automated notification of high-risk cargo.
1 So in original. Probably should be “paragraph (2)(B)”.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.