Title 19 — Customs DutiesRelease 119-73

§4332 Joint import safety rapid response plan

Title 19 › Chapter CHAPTER 28— - TRADE FACILITATION AND TRADE ENFORCEMENT › Subchapter SUBCHAPTER II— - IMPORT HEALTH AND SAFETY › § 4332

Last updated Apr 6, 2026|Official source

Summary

By December 31, 2016, the Secretary of Homeland Security must work with the Import Safety Working Group to create a joint import safety rapid response plan for U.S. Customs and Border Protection. The plan must explain how CBP will act when cargo or goods coming into the United States are found to threaten consumer health or safety, and how to recover or limit harm afterward so imports can resume. The plan must describe which agencies have what powers and duties, the steps CBP will use to respond and coordinate, and the actions to recover and restart trade. It must include exercises run by the Secretary and the Commissioner with federal, state, local, tribal, and private partners at ports of entry. Those exercises must account for different port sizes and risks, follow national emergency and security frameworks named in the law (for example the National Incident Management System and the National Response Plan), create measures for resuming imports, use clear performance tests, produce specific recommendations, share lessons with other governments and private partners, and update the plan as needed.

Full Legal Text

Title 19, §4332

Customs Duties — Source: USLM XML via OLRC

(a)Not later than December 31, 2016, the Secretary of Homeland Security, in consultation with the interagency Import Safety Working Group established under section 4331 of this title, shall develop a plan (to be known as the “joint import safety rapid response plan”) that sets forth protocols and defines practices for U.S. Customs and Border Protection to use—

(1)in taking action in response to, and coordinating Federal responses to, an incident in which cargo destined for or merchandise entering the United States has been identified as posing a threat to the health or safety of consumers in the United States; and

(2)in recovering from or mitigating the effects of actions and responses to an incident described in paragraph (1).

(b)The joint import safety rapid response plan shall address—

(1)the statutory and regulatory authorities and responsibilities of U.S. Customs and Border Protection and other Federal agencies in responding to an incident described in subsection (a)(1);

(2)the protocols and practices to be used by U.S. Customs and Border Protection when taking action in response to, and coordinating Federal responses to, such an incident;

(3)the measures to be taken by U.S. Customs and Border Protection and other Federal agencies in recovering from or mitigating the effects of actions taken in response to such an incident after the incident to ensure the resumption of the entry of merchandise into the United States; and

(4)exercises that U.S. Customs and Border Protection may conduct in conjunction with Federal, State, and local agencies, and private sector entities, to simulate responses to such an incident.

(c)The Secretary of Homeland Security shall review and update the joint import safety rapid response plan, as appropriate, after conducting exercises under subsection (d).

(d)(1)The Secretary of Homeland Security and the Commissioner shall periodically engage in the exercises referred to in subsection (b)(4), in conjunction with Federal, State, and local agencies and private sector entities, as appropriate, to test and evaluate the protocols and practices identified in the joint import safety rapid response plan at United States ports of entry.

(2)In conducting exercises under paragraph (1), the Secretary and the Commissioner shall—

(A)make allowance for the resources, needs, and constraints of United States ports of entry of different sizes in representative geographic locations across the United States;

(B)base evaluations on current risk assessments of merchandise entering the United States at representative United States ports of entry located across the United States;

(C)ensure that such exercises are conducted in a manner consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidelines, the Maritime Transportation System Security Plan, and other such national initiatives of the Department of Homeland Security, as appropriate; and

(D)develop metrics with respect to the resumption of the entry of merchandise into the United States after an incident described in subsection (a)(1).

(3)The Secretary and the Commissioner shall ensure that the testing and evaluation carried out in conducting exercises under paragraph (1)—

(A)are performed using clear and objective performance measures; and

(B)result in the identification of specific recommendations or best practices for responding to an incident described in subsection (a)(1).

(4)The Secretary and the Commissioner shall—

(A)share the recommendations or best practices identified under paragraph (3)(B) among the members of the interagency Import Safety Working Group established under section 4331 of this title and with, as appropriate—

(i)State, local, and tribal governments;

(ii)foreign governments; and

(iii)private sector entities; and

(B)use such recommendations and best practices to update the joint import safety rapid response plan.

Reference

Citations & Metadata

Citation

19 U.S.C. § 4332

Title 19 — Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73