CONTAINER SCANNING AND SEALS.

SEC. 1701. CONTAINER SCANNING AND SEALS.(a) Container Scanning.—Section 232(b) of the SAFE Ports Act (6 U.S.C. 982(b)) is amended to read as follows:“(b) Full-Scale Implementation.—“(1) In general.—A container that was loaded on a vessel in a foreign port shall not enter the United States (either directly or via a foreign port) unless the container was scanned by nonintrusive imaging equipment and radiation detection equipment at a foreign port before it was loaded on a vessel.“(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.—The Secretary shall establish a date under (2)(B) pursuant to the lessons learned through the pilot integrated scanning systems established under section 231.“(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.121 STAT. 490“(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.—Notwithstanding any other provision in the section, supplies bought by the Secretary of Defense and transported in compliance section 2631 of title 10, United States Code, and military cargo of foreign countries are exempt from the requirements of this section.“(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) Report on renewal of extension.—If an extension under paragraph (4) takes effect, the Secretary shall, after one year, submit a report to Congress on whether the Secretary expects to seek to renew the extension.“(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; and“(C) coordinate with other Federal agencies that administer scanning or detection programs at foreign ports.“(9) International trade and other obligations.—In carrying out this subsection, the Secretary shall consult with appropriate Federal departments and agencies and private sector stakeholders, and ensure that actions under this section do not violate international trade obligations, and are consistent with the World Customs Organization framework, or other international obligations of the United States.”.121 STAT. 491(b) Deadline for Container Security Standards and Procedures.—Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 944(a)(4)) is amended by—(1) striking “(1) Deadline for enforcement.—” and inserting the following:“(1) Deadline for enforcement.—“(A) Enforcement of rule.—”; and(2) adding at the end the following:“(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 shall be required to meet the requirements of International Organization for Standardization Publicly Available Specification 17712 standard for sealing containers; and“(ii) the requirements of this subparagraph shall cease to be effective upon the effective date of the interim final rule issued pursuant to this subsection.”.