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. 
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 ‘‘Sail Only if Scanned 
Act of 2006’’. 
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SEC. 2. REQUIREMENTS RELATING TO ENTRY OF OCEAN 
SHIPPING CONTAINERS INTO THE UNITED 
STATES. 
(a) REQUIREMENTS.—Section 70116 of title 46, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(c) REQUIREMENTS
RELATING
TO
ENTRY
OF 
OCEAN SHIPPING CONTAINERS.— 
‘‘(1) IN
GENERAL.—An ocean shipping con-
tainer may enter the United States, either directly 
or via a foreign port, only if— 
‘‘(A) the container is scanned with equip-
ment that meets the standards established pur-
suant to paragraph (2)(A) and a copy of the 
scan is provided to the Secretary, and 
‘‘(B) the container is secured with a seal 
that meets the standards established pursuant 
to paragraph (2)(B), 
before the container is loaded on the vessel for ship-
ment to the United States. 
‘‘(2) STANDARDS
FOR
SCANNING
EQUIPMENT 
AND SEALS.— 
‘‘(A) SCANNING
EQUIPMENT.—The Sec-
retary shall establish standards for scanning 
equipment required to be used under paragraph 
(1)(A) to ensure that such equipment uses the 
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best-available technology, including technology 
to scan a container for radiation and density 
and, if appropriate, for atomic elements. 
‘‘(B) SEALS.—The Secretary shall estab-
lish standards for seals required to be used 
under paragraph (1)(B) to ensure that such 
seals use the best-available technology, includ-
ing technology to— 
‘‘(i) detect any breach into a con-
tainer; 
‘‘(ii) identify the time and place of 
such breach; 
‘‘(iii) notify the Secretary of such 
breach before the container enters the Ex-
clusive Economic Zone of the United 
States; and 
‘‘(iv) track the time and location of 
the container during transit to the United 
States, including by truck, rail, or vessel. 
‘‘(C) REVIEW
AND
REVISION.—The Sec-
retary shall review and, if necessary, revise the 
standards established pursuant to subpara-
graphs (A) and (B) not less than once every 
two years. 
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‘‘(D) DEFINITION.—In subparagraph (B), 
the term ‘Exclusive Economic Zone of the 
United States’ has the meaning given the term 
‘Exclusive Economic Zone’ in section 2101(10a) 
of this title.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out section 
70116(c) of title 46, United States Code, as added by sub-
section (a) of this section, such sums as may be necessary 
for fiscal year 2007 and each subsequent fiscal year. 
(c) REGULATIONS; EFFECTIVE DATE.— 
(1) REGULATIONS.— 
(A) INTERIM FINAL RULE.—The Secretary 
of Homeland Security shall issue an interim 
final rule as a temporary regulation to imple-
ment section 70116(c) of title 46, United States 
Code, as added by subsection (a) of this section, 
not later than 90 days after the date of the en-
actment of this section, without regard to the 
provisions of chapter 5 of title 5, United States 
Code. 
(B) FINAL
RULE.—The Secretary shall 
issue a final rule as a permanent regulation to 
implement section 70116(c) of title 46, United 
States Code, as added by subsection (a) of this 
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section, not later than one year after the date 
of the enactment of this section, in accordance 
with the provisions of chapter 5 of title 5, 
United States Code. The final rule issued pur-
suant to that rulemaking may supersede the in-
terim final rule issued pursuant to subpara-
graph (A). 
(2) EFFECTIVE
DATE.—The requirements of 
section 70116(c) of title 46, United States Code, as 
added by subsection (a) of this section, apply with 
respect to any ocean shipping container entering the 
United States, either directly or via a foreign port, 
beginning one year after the date of the enactment 
of this Act. 
Æ 
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