Title 19, Customs DutiesRelease 119-110

§4332 Joint Import Safety Rapid Response Plan

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Homeland Security must, by December 31, 2016, work with the interagency Import Safety Working Group to create a joint import safety rapid response plan. The plan must tell U.S. Customs and Border Protection (CBP) how to act and coordinate the federal response when cargo or goods coming into the United States are found to threaten consumer health or safety, and how to recover or lessen the effects after such an incident. The plan must explain the legal authorities and roles of CBP and other federal agencies, the response steps CBP will use, and the actions to resume imports after an incident. It must also include exercises carried out with federal, State, local, and private partners. The Secretary must review and update the plan after those exercises. Exercises must be done periodically at ports of entry across the country, include ports of different sizes and locations, use current risk assessments, follow 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 DHS initiatives, and develop measures for how quickly imports can resume. Tests must use clear objective measures and produce specific recommendations or best practices. Those recommendations must be shared with the Import Safety Working Group and, when appropriate, with State, local, and tribal governments, foreign governments, and private sector entities, and used to update the plan.

Full Legal Text

Title 19, §4332

Customs Duties, Source: USLM XML via OLRC

(a)In general
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)Contents
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)Updates of plan
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)Import health and safety exercises
(1)In general
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)Requirements for exercises
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)Requirements for testing and evaluation
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)Dissemination of recommendations and best practices
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

Sep 22, 2026

Release point: 119-110