H.Amdt. 745House109th Congress (2005-2007)

An amendment numbered 10 printed in the Congressional Record to insert a new section laying out requirements relating to entry of ocean shipping containers into the United States.

What it does: Adds SEC. __. REQUIREMENTS RELATING TO ENTRY OF OCEAN SHIPPING CONTAINERS INTO THE UNITED STATES at the end of the bill
Submitted March 16, 2006

What it changes

1 change to H.R. 4939

Adds a section

We couldn't match these changes to the text of H.R. 4939, so they're shown as written.

  1. Adds SEC. __. REQUIREMENTS RELATING TO ENTRY OF OCEAN SHIPPING CONTAINERS INTO THE UNITED STATES at the end of the bill

    Adds a section

    Inserted: SEC. __. REQUIREMENTS RELATING TO ENTRY OF OCEAN SHIPPING CONTAINERS INTO THE UNITED STATES.

    Inserted: (a) Requirements.--Section 70116 of title 46, United States Code, is amended by adding at the end the following new subsection:

    Inserted: "(c) Requirements Relating to Entry of Ocean Shipping Containers.--

    Inserted: "(1) In general.--An ocean shipping container may enter the United States, either directly or via a foreign port, only if--

    Inserted: "(A) the container is scanned with equipment that meets the standards established pursuant to paragraph (2)(A) and a copy of the scan is provided to the Secretary, and

    Inserted: "(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 shipment to the United States.

    Inserted: "(2) Standards for scanning equipment and seals.--

    Inserted: "(A) Scanning equipment.--The Secretary shall establish standards for scanning equipment required to be used under paragraph (1)(A) to ensure that such equipment uses the best-available technology, including technology to scan a container for radiation and density and, if appropriate, for atomic elements.

    Inserted: "(B) Seals.--The Secretary shall establish standards for seals required to be used under paragraph (1)(B) to ensure that such seals use the best-available technology, including technology to--

    Inserted: "(i) detect any breach into a container;

    Inserted: "(ii) identify the time and place of such breach;

    Inserted: "(iii) notify the Secretary of such breach before the container enters the Exclusive Economic Zone of the United States; and

    Show 9 more inserted paragraphs

    Inserted: "(iv) track the time and location of the container during transit to the United States, including by truck, rail, or vessel.

    Inserted: "(C) Review and revision.--The Secretary shall review and, if necessary, revise the standards established pursuant to subparagraphs (A) and (B) not less than once every two years.

    Inserted: "(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.".

    Inserted: (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 subsection (a) of this section, such sums as may be necessary for fiscal year 2007 and each subsequent fiscal year.

    Inserted: (c) Regulations; Effective Date.--

    Inserted: (1) Regulations.--

    Inserted: (A) Interim final rule.--The Secretary of Homeland Security shall issue an interim final rule as a temporary regulation to implement 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 enactment of this section, without regard to the provisions of chapter 5 of title 5, United States Code.

    Inserted: (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 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 pursuant to that rulemaking may supersede the interim final rule issued pursuant to subparagraph (A).

    Inserted: (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.

    Original wording

    At the end of the bill (before the short title), insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

At the end of the bill (before the short title), insert the

following:

SEC. __. 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 container may enter the United States, either directly or via a foreign port, only if--

“(A) the container is scanned with equipment that meets the standards established pursuant 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 shipment to the United States.

“(2) Standards for scanning equipment and seals.--

“(A) Scanning equipment.--The Secretary shall establish standards for scanning equipment required to be used under paragraph (1)(A) to ensure that such equipment uses the best-available technology, including technology to scan a container for radiation and density and, if appropriate, for atomic elements.

“(B) Seals.--The Secretary shall establish standards for seals required to be used under paragraph (1)(B) to ensure that such seals use the best-available technology, including technology to--

“(i) detect any breach into a container;

“(ii) identify the time and place of such breach;

“(iii) notify the Secretary of such breach before the container enters the Exclusive 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 Secretary shall review and, if necessary, revise the standards established pursuant to subparagraphs (A) and (B) not less than once every two years.

“(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 subsection (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 implement 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 enactment 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 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 pursuant to that rulemaking may supersede the interim final rule issued pursuant to subparagraph (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.

Legislative Activity

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House amendment offered

March 16, 2006

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House amendment offered

March 16, 2006

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House amendment offered/reported by : Amendment (A045) offered by Mr. Nadler.(consideration: CR H1099-1101; text: CR H1099-1100)

March 16, 2006 • 3:37 PM

Floor

Amendment (A045) offered by Mr. Nadler. (consideration: CR H1099-1101; text: CR H1099-1100)

March 16, 2006 • 3:37 PM

Floor

Mr. Lewis (CA) raised a point of order against the Nadler amendment (A045). The amendment sought to change existing law and constituted legislation in an appropriations bill. The Chair sustained the point of order.

March 16, 2006 • 3:42 PM