6 USC 982 - Screening and scanning of cargo containers

U.S Code last checked for updates: Apr 28, 2024

§ 982.

Screening and scanning of cargo containers

(a)

One hundred percent screening of cargo containers and 100 percent scanning of high-risk containers

(1)

Screening of cargo containers

(2)

Scanning of high-risk containers

(b)

Full-scale implementation

(1)

In general

(2)

Application

Paragraph (1) shall apply with respect to containers loaded on a vessel in a foreign country on or after the earlier of—

(A)

July 1, 2012; or

(B)

such other date as may be established by the Secretary under paragraph (3).

(3)

Establishment of earlier deadline

(4)

Extensions

The Secretary may extend the date specified in paragraph (2)(A) or (2)(B) for 2 years, and may renew the extension in additional 2-year increments, for containers loaded in a port or ports, if the Secretary certifies to Congress that at least two of the following conditions exist:

(A)

Systems to scan containers in accordance with paragraph (1) are not available for purchase and installation.

(B)

Systems to scan containers in accordance with paragraph (1) do not have a sufficiently low false alarm rate for use in the supply chain.

(C)

Systems to scan containers in accordance with paragraph (1) cannot be purchased, deployed, or operated at ports overseas, including, if applicable, because a port does not have the physical characteristics to install such a system.

(D)

Systems to scan containers in accordance with paragraph (1) cannot be integrated, as necessary, with existing systems.

(E)

Use of systems that are available to scan containers in accordance with paragraph (1) will significantly impact trade capacity and the flow of cargo.

(F)

Systems to scan containers in accordance with paragraph (1) do not adequately provide an automated notification of questionable or high-risk cargo as a trigger for further inspection by appropriately trained personnel.

(5)

Exemption for military cargo

(6)

Report on extensions

An extension under paragraph (4) for a port or ports shall take effect upon the expiration of the 60-day period beginning on the date the Secretary provides a report to Congress that—

(A)

states what container traffic will be affected by the extension;

(B)

provides supporting evidence to support the Secretary’s certification of the basis for the extension; and

(C)

explains what measures the Secretary is taking to ensure that scanning can be implemented as early as possible at the port or ports that are the subject of the report.

(7)

(8)

Scanning technology standards

In implementing paragraph (1), the Secretary shall—

(A)

establish technological and operational standards for systems to scan containers;

(B)

ensure that the standards are consistent with the global nuclear detection architecture developed under the Homeland Security Act of 2002 [6 U.S.C. 101 et seq.]; and

(C)

coordinate with other Federal agencies that administer scanning or detection programs at foreign ports.

(9)

International trade and other obligations

(c)

Report

(Pub. L. 109–347, title II, § 232, Oct. 13, 2006, 120 Stat. 1916; Pub. L. 110–53, title XVII, § 1701(a), Aug. 3, 2007, 121 Stat. 489.)

cite as: 6 USC 982