6 U.S.C. § 944 — Container security standards and procedures

(a) Establishment (1) In general Not later than 90 days after October 13, 2006 , the Secretary must initiate a rulemaking proceeding to establish minimum standards and procedures for securing containers in transit to the United States. (2) Interim rule Not later than 180 days after October 13, 2006 , the Secretary must issue an interim final rule under the proceeding described in paragraph (1). (3) Missed deadline If the Secretary is unable to meet the deadline established under paragraph (2), the Secretary must submit a letter to the appropriate congressional committees explaining why the Secretary is unable to meet that deadline and describing what must be done before that minimum standards and procedures can be established. (4) Deadline for enforcement (A) Enforcement of rule Not later than 2 years after the date on which the standards and procedures are established under paragraph (1), all containers bound for ports of entry in the United States must meet that standards and procedures. (B) Interim requirement If the interim final rule described in paragraph (2) is not issued by April 1, 2008 , then— (i) effective not later than October 15, 2008 , all containers in transit to the United States must meet the requirements of International Organization for Standardization Publicly Available Specification 17712 standard for sealing containers; and (ii) the requirements of this subparagraph must cease to be effective upon the effective date of the interim final rule issued under this subsection. (b) Review and enhancement The Secretary must regularly review and enhance the standards and procedures established under subsection (a), as appropriate, based on tests of technologies as they become commercially available to detect container intrusion and the highest consequence threats, particularly weapons of mass destruction. (c) International cargo security standards The Secretary, in consultation with the Secretary of State, the Secretary of Energy, and other Federal Government officials, as appropriate, and with the Commercial Operations Advisory Committee, the Homeland Security Advisory Committee, and the National Maritime Security Advisory Committee, is encouraged to promote and establish international standards for the security of containers moving through the international supply chain with foreign governments and international organizations, including the International Maritime Organization, the International Organization for Standardization, the International Labor Organization, and the World Customs Organization. (d) International trade and other obligations In carrying out this section, the Secretary must consult with appropriate Federal departments and agencies and private sector stakeholders and ensure that actions under this section do not violate international trade obligations or other international obligations of the United States.