I 

109TH CONGRESS 

2D SESSION H. R. 4899 

To prohibit the entry of ocean shipping containers into the United States 

unless such containers have been scanned and sealed before loading 

on the vessel for shipment to the United States, either directly or via 

a foreign port. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2006 

Mr. NADLER (for himself, Mr. OBERSTAR, Mr. BRADY of Pennsylvania, Mr. 

PAYNE, Mr. WEINER, Mr. HASTINGS of Florida, Mr. SANDERS, Mr. 

ENGEL, Mrs. MALONEY, Mr. BISHOP of New York, Ms. SCHWARTZ of 

Pennsylvania, Mr. DEFAZIO, and Mr. HONDA) introduced the following 

bill; which was referred to the Committee on Homeland Security 

A BILL 

To prohibit the entry of ocean shipping containers into the 

United States unless such containers have been scanned 

and sealed before loading on the vessel for shipment 

to the United States, either directly or via a foreign 

port. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sail Only if Scanned 

5 Act of 2006’’. 


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1 SEC. 2. REQUIREMENTS RELATING TO ENTRY OF OCEAN 

2 SHIPPING CONTAINERS INTO THE UNITED 

3 STATES. 

4 (a) REQUIREMENTS.—Section 70116 of title 46, 

5 United States Code, is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(c) REQUIREMENTS RELATING TO ENTRY OF

8 OCEAN SHIPPING CONTAINERS.— 

9 ‘‘(1) IN GENERAL.—An ocean shipping con10 tainer may enter the United States, either directly 

11 or via a foreign port, only if— 

12 ‘‘(A) the container is scanned with equip13 ment that meets the standards established pur14 suant to paragraph (2)(A) and a copy of the 

15 scan is provided to the Secretary, and 

16 ‘‘(B) the container is secured with a seal 

17 that meets the standards established pursuant 

18 to paragraph (2)(B), 

19 before the container is loaded on the vessel for ship20 ment to the United States. 

21 ‘‘(2) STANDARDS FOR SCANNING EQUIPMENT

22 AND SEALS.— 

23 ‘‘(A) SCANNING EQUIPMENT.—The Sec24 retary shall establish standards for scanning 

25 equipment required to be used under paragraph 

26 (1)(A) to ensure that such equipment uses the 


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1 best-available technology, including technology 

2 to scan a container for radiation and density 

3 and, if appropriate, for atomic elements. 

4 ‘‘(B) SEALS.—The Secretary shall estab5 lish standards for seals required to be used 

6 under paragraph (1)(B) to ensure that such 

7 seals use the best-available technology, includ8 ing technology to— 

9 ‘‘(i) detect any breach into a con10 tainer; 

11 ‘‘(ii) identify the time and place of 

12 such breach; 

13 ‘‘(iii) notify the Secretary of such 

14 breach before the container enters the Ex15 clusive Economic Zone of the United 

16 States; and 

17 ‘‘(iv) track the time and location of 

18 the container during transit to the United 

19 States, including by truck, rail, or vessel. 

20 ‘‘(C) REVIEW AND REVISION.—The Sec21 retary shall review and, if necessary, revise the 

22 standards established pursuant to subpara23 graphs (A) and (B) not less than once every 

24 two years. 


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1 ‘‘(D) DEFINITION.—In subparagraph (B), 

2 the term ‘Exclusive Economic Zone of the 

3 United States’ has the meaning given the term 

4 ‘Exclusive Economic Zone’ in section 2101(10a) 

5 of this title.’’. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out section 

8 70116(c) of title 46, United States Code, as added by sub9 section (a) of this section, such sums as may be necessary 

10 for fiscal year 2007 and each subsequent fiscal year. 

11 (c) REGULATIONS; EFFECTIVE DATE.— 

12 (1) REGULATIONS.— 

13 (A) INTERIM FINAL RULE.—The Secretary 

14 of Homeland Security shall issue an interim 

15 final rule as a temporary regulation to imple16 ment section 70116(c) of title 46, United States 

17 Code, as added by subsection (a) of this section, 

18 not later than 90 days after the date of the en19 actment of this section, without regard to the 

20 provisions of chapter 5 of title 5, United States 

21 Code. 

22 (B) FINAL RULE.—The Secretary shall 

23 issue a final rule as a permanent regulation to 

24 implement section 70116(c) of title 46, United 

25 States Code, as added by subsection (a) of this 


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1 section, not later than one year after the date 

2 of the enactment of this section, in accordance 

3 with the provisions of chapter 5 of title 5, 

4 United States Code. The final rule issued pur5 suant to that rulemaking may supersede the in6 terim final rule issued pursuant to subpara7 graph (A). 

8 (2) EFFECTIVE DATE.—The requirements of 

9 section 70116(c) of title 46, United States Code, as 

10 added by subsection (a) of this section, apply with 

11 respect to any ocean shipping container entering the 

12 United States, either directly or via a foreign port, 

13 beginning one year after the date of the enactment 

14 of this Act. 

Æ 


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