H. R. 3009—51
(J) The Secretary shall determine whether it is appro-
priate to provide transition periods between promulgation
of the regulations and the effective date of the regulations
and shall prescribe such transition periods in the regula-
tions, as appropriate. The Secretary may determine that
different transition periods are appropriate for different
classes of affected parties.
(K) With respect to requirements imposed on carriers,
the Secretary, in consultation with the Postmaster General,
shall determine whether it is appropriate to impose the
same or similar requirements on shipments by the United
States Postal Service. If the Secretary determines that
such requirements are appropriate, then they shall be set
forth in the regulations.
(L) Not later than 60 days prior to promulgation of
the regulations, the Secretary shall transmit to the
Committees on Finance and Commerce, Science, and
Transportation of the Senate and the Committees on Ways
and Means and Transportation and Infrastructure of the
House of Representatives a report setting forth—
(i) the proposed regulations;
(ii) an explanation of how particular requirements
in the proposed regulations meet the needs of aviation,
maritime, and surface transportation safety and secu-
rity;
(iii) an explanation of how the Secretary expects
the proposed regulations to affect the commercial prac-
tices of affected parties; and
(iv) an explanation of how the proposed regulations
address particular comments received from interested
parties.
(b) DOCUMENTATION OF WATERBORNE CARGO.—Part II of title
IV of the Tariff Act of 1930 is amended by inserting after section
431 the following new section:
‘‘SEC. 431A. DOCUMENTATION OF WATERBORNE CARGO.
‘‘(a) APPLICABILITY.—This section shall apply to all cargo to
be exported that is moved by a vessel carrier from a port in
the United States.
‘‘(b) DOCUMENTATION REQUIRED.—(1) No shipper of cargo sub-
ject to this section (including an ocean transportation intermediary
that is a non-vessel-operating common carrier (as defined in section
3(17)(B) of the Shipping Act of 1984 (46 U.S.C. App. 1702(17)(B))
may tender or cause to be tendered to a vessel carrier cargo subject
to this section for loading on a vessel in a United States port,
unless such cargo is properly documented pursuant to this sub-
section.
‘‘(2) For the purposes of this subsection, cargo shall be consid-
ered properly documented if the shipper submits to the vessel
carrier or its agent a complete set of shipping documents no later
than 24 hours after the cargo is delivered to the marine terminal
operator, but under no circumstances later than 24 hours prior
to departure of the vessel.
‘‘(3) A complete set of shipping documents shall include—
‘‘(A) for shipments for which a shipper’s export declaration
is required, a copy of the export declaration or, if the shipper
files such declarations electronically in the Automated Export
H. R. 3009—52
System, the complete bill of lading, and the master or equiva-
lent shipping instructions, including the Internal Transaction
Number (ITN); or
‘‘(B) for shipments for which a shipper’s export declaration
is not required, a shipper’s export declaration exemption state-
ment and such other documents or information as the Secretary
may by regulation prescribe.
‘‘(4) The Secretary shall by regulation prescribe the time,
manner, and form by which shippers shall transmit documents
or information required under this subsection to the Customs
Service.
‘‘(c) LOADING UNDOCUMENTED CARGO PROHIBITED.—
‘‘(1) No marine terminal operator (as defined in section
3(14) of the Shipping Act of 1984 (46 U.S.C. App. 1702(14)))
may load, or cause to be loaded, any cargo subject to this
section on a vessel unless instructed by the vessel carrier
operating the vessel that such cargo has been properly docu-
mented in accordance with this section.
‘‘(2) When cargo is booked by 1 vessel carrier to be trans-
ported on the vessel of another vessel carrier, the booking
carrier shall notify the operator of the vessel that the cargo
has been properly documented in accordance with this section.
The operator of the vessel may rely on such notification in
releasing the cargo for loading aboard the vessel.
‘‘(d) REPORTING OF UNDOCUMENTED CARGO.—A vessel carrier
shall notify the Customs Service of any cargo tendered to such
carrier that is not properly documented pursuant to this section
and that has remained in the marine terminal for more than
48 hours after being delivered to the marine terminal, and the
location of the cargo in the marine terminal. For vessel carriers
that are members of vessel sharing agreements (or any other
arrangement whereby a carrier moves cargo on another carrier’s
vessel), the vessel carrier accepting the booking shall be responsible
for reporting undocumented cargo, without regard to whether it
operates the vessel on which the transportation is to be made.
‘‘(e) ASSESSMENT
OF PENALTIES.—Whoever is found to have
violated subsection (b) of this section shall be liable to the United
States for civil penalties in a monetary amount up to the value
of the cargo, or the actual cost of the transportation, whichever
is greater.
‘‘(f) SEIZURE OF UNDOCUMENTED CARGO.—
‘‘(1) Any cargo that is not properly documented pursuant
to this section and has remained in the marine terminal for
more than 48 hours after being delivered to the marine terminal
operator shall be subject to search, seizure, and forfeiture.
‘‘(2) The shipper of any such cargo is liable to the marine
terminal operator and to the ocean carrier for demurrage and
other applicable charges for any undocumented cargo which
has been notified to or searched or seized by the Customs
Service for the entire period the cargo remains under the order
and direction of the Customs Service. Unless the cargo is seized
by the Customs Service and forfeited, the marine terminal
operator and the ocean carrier shall have a lien on the cargo
for the amount of the demurrage and other charges.
‘‘(g) EFFECT ON OTHER PROVISIONS.—Nothing in this section
shall be construed, interpreted, or applied to relieve or excuse
any party from compliance with any obligation or requirement
H. R. 3009—53
arising under any other law, regulation, or order with regard to
the documentation or carriage of cargo.’’.
(c) SECRETARY.—For purposes of this section, the term ‘‘Sec-
retary’’ means the Secretary of the Treasury. If, at the time the
regulations required by subsection (a)(1) are promulgated, the Cus-
toms Service is no longer located in the Department of the Treasury,
then the Secretary of the Treasury shall exercise the authority
under subsection (a) jointly with the Secretary of the Department
in which the Customs Service is located.
SEC. 343A. SECURE SYSTEMS OF TRANSPORTATION.
(a) JOINT TASK FORCE.—The Secretary of the Treasury shall
establish a joint task force to evaluate, prototype, and certify secure
systems of transportation. The joint task force shall be comprised
of officials from the Department of Transportation and the Customs
Service, and any other officials that the Secretary deems appro-
priate. The task force shall establish a program to evaluate and
certify secure systems of international intermodal transport no later
than 1 year after the date of enactment of this Act. The task
force shall solicit and consider input from a broad range of
interested parties.
(b) PROGRAM REQUIREMENTS.—At a minimum the program
referred to in subsection (a) shall require certified systems of inter-
national intermodal transport to be significantly more secure than
existing transportation programs, and the program shall—
(1) establish standards and a process for screening and
evaluating cargo prior to import into or export from the United
States;
(2) establish standards and a process for a system of
securing cargo and monitoring it while in transit;
(3) establish standards and a process for allowing the
United States Government to ensure and validate compliance
with the program elements; and
(4) include any other elements that the task force deems
necessary to ensure the security and integrity of the inter-
national intermodal transport movements.
(c) RECOGNITION OF CERTIFIED SYSTEMS.—
(1) SECRETARY OF THE TREASURY.—The Secretary of the
Treasury shall recognize certified systems of intermodal trans-
port in the requirements of a national security plan for United
States seaports, and in the provisions requiring planning to
reopen United States ports for commerce.
(2) COMMISSIONER
OF CUSTOMS.—The Commissioner of
Customs shall recognize certified systems of intermodal trans-
port in the evaluation of cargo risk for purposes of United
States imports and exports.
(d) REPORT.—Within 1 year after the program described in
subsection (a) is implemented, the Secretary of the Treasury shall
transmit a report to the Committees on Commerce, Science, and
Transportation and Finance of the Senate and the Committees
on Transportation and Infrastructure and Ways and Means of the
House of Representatives that—
(1) evaluates the program and its requirements;
(2) states the Secretary’s views as to whether any proce-
dure, system, or technology evaluated as part of the program
offers a higher level of security than under existing procedures;
H. R. 3009—54
(3) states the Secretary’s views as to the integrity of the
procedures, technology, or systems evaluated as part of the
program; and
(4) makes a recommendation with respect to whether the
program, or any procedure, system, or technology should be
incorporated in a nationwide system for certified systems of
intermodal transport.
SEC. 344. BORDER SEARCH AUTHORITY FOR CERTAIN CONTRABAND
IN OUTBOUND MAIL.
(a) IN GENERAL.—The Tariff Act of 1930 is amended by
inserting after section 582 the following:
‘‘SEC. 583. EXAMINATION OF OUTBOUND MAIL.
‘‘(a) EXAMINATION.—
‘‘(1) IN
GENERAL.—For purposes of ensuring compliance
with the Customs laws of the United States and other laws
enforced by the Customs Service, including the provisions of
law described in paragraph (2), a Customs officer may, subject
to the provisions of this section, stop and search at the border,
without a search warrant, mail of domestic origin transmitted
for export by the United States Postal Service and foreign
mail transiting the United States that is being imported or
exported by the United States Postal Service.
‘‘(2) PROVISIONS OF LAW DESCRIBED.—The provisions of law
described in this paragraph are the following:
‘‘(A) Section 5316 of title 31, United States Code
(relating to reports on exporting and importing monetary
instruments).
‘‘(B) Sections 1461, 1463, 1465, and 1466, and chapter
110 of title 18, United States Code (relating to obscenity
and child pornography).
‘‘(C) Section 1003 of the Controlled Substances Import
and Export Act (relating to exportation of controlled sub-
stances) (21 U.S.C. 953).
‘‘(D) The Export Administration Act of 1979 (50 U.S.C.
App. 2401 et seq.).
‘‘(E) Section 38 of the Arms Export Control Act (22
U.S.C. 2778).
‘‘(F) The International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.).
‘‘(b) SEARCH OF MAIL NOT SEALED AGAINST INSPECTION AND
OTHER MAIL.—Mail not sealed against inspection under the postal
laws and regulations of the United States, mail which bears a
Customs declaration, and mail with respect to which the sender
or addressee has consented in writing to search, may be searched
by a Customs officer.
‘‘(c) SEARCH OF MAIL SEALED AGAINST INSPECTION WEIGHING
IN EXCESS OF 16 OUNCES.—
‘‘(1) IN GENERAL.—Mail weighing in excess of 16 ounces sealed
against inspection under the postal laws and regulations of the
United States may be searched by a Customs officer, subject to
paragraph (2), if there is reasonable cause to suspect that such
mail contains one or more of the following:
‘‘(A) Monetary instruments, as defined in section 1956 of
title 18, United States Code.
‘‘(B) A weapon of mass destruction, as defined in section
2332a(b) of title 18, United States Code.