473 
curity Plan, the National Strategy for Maritime Security, and the 8 
supporting plans of the Strategy, as required by Homeland Security 
Presidential Directive–13. 
(c) CONSULTATION.—In developing protocols under subsection (b)(10), 
the Secretary shall consult with Federal, State, local, and private-sector 
stakeholders, including the National Maritime Security Advisory Committee 
and the Commercial Operations Advisory Committee. 
(d) COMMUNICATION.—To the extent practicable, the strategic plan devel-
oped under subsection (a) shall provide for coordination with, and lines of 
communication among, appropriate Federal, State, local, and private-sector 
stakeholders on law enforcement actions, intermodal rerouting plans, and 
other strategic infrastructure issues resulting from a transportation security 
incident or transportation disruption. 
(e) UTILIZATION OF ADVISORY COMMITTEES.—As part of the consulta-
tions described in subsection (a), the Secretary shall, to the extent prac-
ticable, utilize the Homeland Security Advisory Committee, the National 
Maritime Security Advisory Committee, and the Commercial Operations Ad-
visory Committee to review, as necessary, the strategic plan and any subse-
quent updates to the strategic plan. 
(f) INTERNATIONAL STANDARDS AND PRACTICES.—In furtherance of the 
strategic plan required under subsection (a), the Secretary is encouraged to 
consider proposed or established standards and practices of foreign govern-
ments and international organizations, including the International Maritime 
Organization, the World Customs Organization, the International Labor Or-
ganization, and the International Organization for Standardization, as ap-
propriate, to establish standards and best practices for the security of con-
tainers moving through the international supply chain. 
§ 30502. Post-incident resumption of trade 
(a) IN GENERAL.—The Secretary shall develop and update, as necessary, 
protocols for the resumption of trade under section 30501(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 indi-
vidual, and lead departments, agencies, or offices to execute the proto-
cols; 
(2) a plan to redeploy resources and personnel, as necessary, to rees-
tablish the flow of trade; 
(3) a plan to provide training for the periodic instruction of per-
sonnel of U.S. Customs and Border Protection, the Coast Guard, and 
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the Transportation Security Administration in trade resumption func-
tions and responsibilities; and 
(4) appropriate factors for establishing prioritization of vessels and 
cargo determined by the President to be critical for response and recov-
ery, including factors relating to public health, national security, and 
economic need. 
(b) VESSELS.—In determining the prioritization of vessels accessing fa-
cilities (as defined under section 70101 of title 46), the Commandant of the 
Coast Guard may, to the extent practicable and consistent with the proto-
cols and plans required under this section to ensure the safe and secure 
transit of vessels to ports in the United States after a transportation secu-
rity 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 (in this chapter referred to as ‘‘C– 
TPAT’’) program. 
(c) CARGO.—In determining the prioritization of the resumption of the 
flow of cargo and consistent with the protocols established under this sec-
tion, the Commissioner may give preference to cargo— 
(1) entering a port of entry directly from a foreign seaport des-
ignated 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 U.S. Customs and 
Border Protection. 
(d) COORDINATION.—The Secretary shall ensure that there is appropriate 
coordination among the Commandant of the Coast Guard, the Commis-
sioner, and other Federal officials following a maritime disruption or mari-
time transportation security incident in order to provide for the resumption 
of trade. 
(e) COMMUNICATION.—Consistent with section 30501 of this title, the 
Commandant of the Coast Guard, the Commissioner, and other appropriate 
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Federal officials shall promptly communicate any revised procedures or in-
structions intended for the private sector following a maritime disruption or 
maritime transportation security incident. 
§ 30503. Automated targeting system 
(a) IN GENERAL.—The Secretary, acting through the Commissioner, 
shall— 
(1) identify and seek the submission of data related to the movement 
of a shipment of cargo through the international supply chain; and 
(2) analyze the data described in paragraph (1) to identify high-risk 
cargo for inspection. 
(b) REQUIREMENT.—The Secretary, acting through the Commissioner, 
shall require the electronic transmission to the Department of additional 
data elements for improved high-risk targeting, including appropriate secu-
rity elements of entry data, as determined by the Secretary, to be provided 
as advanced information with respect to cargo destined for importation into 
the United States prior to loading of the cargo on vessels at foreign sea-
ports. 
(c) CONSIDERATION.—The Secretary, acting through the Commissioner, 
shall— 
(1) consider the cost, benefit, and feasibility of— 
(A) requiring additional non-manifest documentation; 
(B) reducing the time period allowed by law for revisions to a 
container cargo manifest; 
(C) reducing the time period allowed by law for submission of 
certain elements of entry data, for vessel or cargo; and 
(D) other actions the Secretary considers beneficial for improv-
ing the information relied on for the Automated Targeting System 
and any successor targeting system in furthering the security and 
integrity of the international supply chain; and 
(2) consult with stakeholders, including the Commercial Operations 
Advisory Committee, and identify to them the need for the information 
referred to in paragraph (1)(D), and the appropriate timing of its sub-
mission. 
(d) REGULATIONS.—The Secretary shall promulgate regulations to carry 
out this section. In promulgating regulations, the Secretary shall adhere to 
the parameters applicable to the development of regulations under section 
343(a) of the Trade Act of 2002 (Public Law 107–210, 19 U.S.C. 2071 
note), including provisions relating to consultation, technology, analysis, use 
of information, confidentiality, and timing requirements. 
(e) SYSTEM IMPROVEMENTS.—The Secretary, acting through the Com-
missioner, shall— 
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(1) conduct, through an independent panel, a review of the effective-
ness and capabilities of the Automated Targeting System; 
(2) consider future iterations of the Automated Targeting System, 
which would incorporate smart features, such as more complex algo-
rithms and real-time intelligence, instead of relying solely on rule sets 
that are periodically updated; 
(3) ensure that the Automated Targeting System has the capability 
to electronically compare manifest and other available data for cargo 
entered into or bound for the United States to detect any significant 
anomalies between the data and facilitate the resolution of the anoma-
lies; 
(4) ensure that the Automated Targeting System has the capability 
to electronically identify, compile, and compare select data elements for 
cargo entered into or bound for the United States following a maritime 
transportation security incident, in order to efficiently identify cargo 
for increased inspection or expeditious release; and 
(5) develop a schedule to address the recommendations of the Comp-
troller General, the Inspector General of the Department of the Treas-
ury, and the Inspector General of the Department with respect to the 
operation of the Automated Targeting System. 
(f) SECURE TRANSMISSION OF CERTAIN INFORMATION.—All information 
required by the Department from supply chain partners shall be transmitted 
in a secure fashion, as determined by the Secretary, so as to protect the 
information from unauthorized access. 
§ 30504. Container security standards and procedures 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary shall initiate a rulemaking pro-
ceeding to establish minimum standards and procedures for securing 
containers in transit to the United States. 
(2) DEADLINE FOR ENFORCEMENT.— 
(A) ENFORCEMENT OF RULE.—Not later than 2 years after the 
date on which the standards and procedures are established under 
paragraph (1), all containers bound for ports of entry in the 
United States shall meet the standards and procedures. 
(B) INTERIM REQUIREMENT.—If an interim final rule issued 
pursuant to the proceeding described in paragraph (1) was not 
issued by April 1, 2008— 
(i) all containers in transit to the United States are re-
quired to meet the requirements of International Organization 
for Standardization Publicly Available Specification 17712 
standard for sealing containers; and 
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