I 
107TH CONGRESS 
2D SESSION 
H. R. 5420
To amend title 46, United States Code, to require inspection of cargo destined 
for the United States. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2002
Mr. NADLER introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Ways and Means, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To amend title 46, United States Code, to require inspection 
of cargo destined for the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Port Protection Act 
of 2002’’. 
SEC. 2. CONTAINERIZED CARGO INSPECTION. 
(a) IN GENERAL.—Subtitle II of title 46, United 
States Code, is amended by adding at the end the fol-
lowing new part:
‘‘PART K—CARGO SECURITY 
‘‘CHAPTER 151—CONTAINERIZED AND 
NONCONTAINERIZED CARGO
‘‘Sec. 
‘‘15101. Inspection of cargo containers and noncontainerized cargo destined for 
United States. 
‘‘15102. Inspection of container vessels prior to entry into United States port. 
‘‘15103. Denial of entry of container vessels.
‘‘§ 15101. Inspection of cargo containers and non-
containerized cargo destined for United 
States. 
‘‘(a) Effective January 1, 2004, the Secretary of 
Homeland Security shall require for all containerized 
cargo destined for the United States, that each cargo con-
tainer be inspected, the contents verified, and the con-
tainer sealed—
‘‘(1) by personnel of the Department of Home-
land Security; 
‘‘(2) at a port or airport outside the United 
States; and 
‘‘(3) before the container is loaded onto or re-
moved from the vessel or airplane, as applicable. 
‘‘(b)(1) In the case of any cargo container entering 
the United States by any means other than a vessel or 
an airplane, the Customs Service shall not permit the 
entry of the container without a proper and intact inspec-
tion seal of the Department of Homeland Security.
‘‘(2) The Customs Service shall not permit the entry 
of any noncontainerized cargo by any means other than 
a vessel or an airplane until it has inspected all such cargo 
and has verified that it does not contain a chemical, bio-
logical, or nuclear weapon.
‘‘§ 15102. Inspection of cargo vessels prior to entry 
into United States port 
‘‘(a) The Commandant of the Coast Guard shall 
board and inspect each vessel carrying cargo destined for 
the United States, at least 200 miles from the United 
States.
‘‘(b) An inspection under this section shall include 
physical inspection to verify that—
‘‘(1) the cargo containers on the vessel have not 
been tampered with; and 
‘‘(2) the remainder of the vessel, including but 
not limited to noncontainerized cargo, the engine 
room, living quarters, bathrooms, and hull, does not 
contain a chemical, biological, or nuclear weapon.
‘‘§ 15103. Denial of entry of cargo vessels 
‘‘The Secretary shall deny entry into the territorial 
waters of the United States to any vessel that—
‘‘(1) is carrying any cargo that does not comply 
with the requirements under section 15101;
‘‘(2) is not inspected in accordance with section 
15102; or 
‘‘(3) that fails an inspection under section 
15102.’’. 
(b) CONFORMING AMENDMENT.—The table of chap-
ters at the beginning of subtitle II of tile 46, United States 
Code, is amended by adding at the end the following:
‘‘PART K—CARGO SECURITY 
‘‘151. Containerized and Noncontainerized Cargo ...................................15101’’.
Æ