121 STAT. 490
dkrause on GSDDPC44 with PUBLAW
VerDate Aug 31 2005
13:52 Jan 23, 2009
PUBLIC LAW 110–53—AUG. 3, 2007 ‘‘(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.’’.