Title 6 — Domestic SecurityRelease 119-73

§942 Post-incident resumption of trade

Title 6 › Chapter CHAPTER 3— - SECURITY AND ACCOUNTABILITY FOR EVERY PORT › Subchapter SUBCHAPTER II— - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN › Part Part A— - General Provisions › § 942

Last updated Apr 6, 2026|Official source

Summary

The Secretary must create and update plans to restart trade after a transportation disruption or security incident. The plans must name who will take initial command if it is not the Coast Guard, say which agencies will lead, explain how to move people and resources to reopen trade, set up training for CBP, the Coast Guard, and TSA on their trade-resumption roles, and list the main things to consider when deciding which ships and cargo are most important, like public health, national security, and economic need. When following those plans, the Coast Guard’s leader may give priority to ships that have approved security plans or valid international security certificates, are crewed by certain vetted personnel, or are run by validated C-TPAT members. The CBP Commissioner may favor cargo from Container Security Initiative ports, from validated C-TPAT or similar partners, or cargo that has had nuclear/radiological and imaging scans and a verified container ID checked by CBP. The Secretary must make sure the Coast Guard, CBP, and other federal officials coordinate and quickly share any new instructions with the private sector.

Full Legal Text

Title 6, §942

Domestic Security — Source: USLM XML via OLRC

(a)The Secretary shall develop and update, as necessary, protocols for the resumption of trade in accordance with section 941(b)(10) of this title in the event of a transportation disruption or a transportation security incident. The protocols shall include—

(1)the identification of the appropriate initial incident commander, if the Commandant of the Coast Guard is not the appropriate person, and lead departments, agencies, or offices to execute such protocols;

(2)a plan to redeploy resources and personnel, as necessary, to reestablish the flow of trade;

(3)a plan to provide training for the periodic instruction of personnel of the United States Customs and Border Protection, the Coast Guard, and the Transportation Security Administration in trade resumption functions and responsibilities; and

(4)appropriate factors for establishing prioritization of vessels and cargo determined by the President to be critical for response and recovery, including factors relating to public health, national security, and economic need.

(b)In determining the prioritization of vessels accessing facilities (as defined under section 70101 of title 46), the Commandant of the Coast Guard may, to the extent practicable and consistent with the protocols and plans required under this section to ensure the safe and secure transit of vessels to ports in the United States after a transportation security incident, give priority to a vessel—

(1)that has an approved security plan under section 70103(c) of title 46 or a valid international ship security certificate, as provided under part 104 of title 33, Code of Federal Regulations;

(2)that is manned by individuals who are described in section 70105(b)(2)(B) of title 46; and

(3)that is operated by validated participants in the Customs-Trade Partnership Against Terrorism program.

(c)In determining the prioritization of the resumption of the flow of cargo and consistent with the protocols established under this section, the Commissioner may give preference to cargo—

(1)entering a port of entry directly from a foreign seaport designated under the Container Security Initiative;

(2)from the supply chain of a validated C–TPAT participant and other private sector entities, as appropriate; or

(3)that has undergone—

(A)a nuclear or radiological detection scan;

(B)an x-ray, density, or other imaging scan; and

(C)a system to positively identify the container at the last port of departure prior to arrival in the United States, which data has been evaluated and analyzed by personnel of the United States Customs and Border Protection.

(d)The Secretary shall ensure that there is appropriate coordination among the Commandant of the Coast Guard, the Commissioner, and other Federal officials following a maritime disruption or maritime transportation security incident in order to provide for the resumption of trade.

(e)Consistent with section 941 of this title, the Commandant of the Coast Guard, Commissioner, and other appropriate Federal officials, shall promptly communicate any revised procedures or instructions intended for the private sector following a maritime disruption or maritime transportation security incident.

Reference

Citations & Metadata

Citation

6 U.S.C. § 942

Title 6 — Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73