117 HR 6826 RH: Customs Trade Partnership Against Terrorism Pilot Program Act of 2022
U.S. House of Representatives
2022-05-24
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Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IB
Union Calendar No. 255
117th CONGRESS
2d Session
H. R. 6826
[Report No. 117–338]
IN THE HOUSE OF REPRESENTATIVES
February 25, 2022
Ms. Slotkin (for herself, Mrs. Miller-Meeks, Mr. Womack, and Mrs. Luria) introduced the following bill; which was referred to the Committee on Homeland Security
May 24, 2022
Additional sponsor: Mr. Garbarino
May 24, 2022
Reported from the Committee on Homeland Security; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
A BILL
To require a pilot program on the participation of third-party logistics providers in the Customs Trade Partnership Against Terrorism, and for other purposes.
1.

Short title
This Act may be cited as the “Customs Trade Partnership Against Terrorism Pilot Program Act of 2022” or the “CTPAT Pilot Program Act of 2022”.
2.

Pilot program on participation of third-party logistics providers in CTPAT
(a)

Establishment
(1)

In general
The Secretary of Homeland Security shall carry out a pilot program to assess whether allowing entities described in subsection (b) to participate in CTPAT would enhance port security, combat terrorism, prevent United States supply chain security breaches, or otherwise satisfy the goals of CTPAT.
(2)

Federal Register notice
Not later than one year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a notice for entities described in subsection (b) to apply to participate in the pilot program required under paragraph (1).
(b)

Entities described
An entity described in this subsection is—
(1)
a non-asset-based third-party logistics provider that—
(A)
arranges international transportation of freight and is licensed or bonded by the Federal Maritime Commission, the Transportation Security Administration, U.S. Customs and Border Protection, or the Department of Transportation; and
(B)
satisfies such other requirements as the Secretary of Homeland Security specifies in the Federal Register notice required pursuant to subsection (a)(2); or
(2)
an asset-based third-party logistics provider that—
(A)
facilitates cross-border activity and is licensed or bonded by the Federal Maritime Commission, the Transportation Security Administration, U.S. Customs and Border Protection, or the Department of Transportation;
(B)
manages and executes logistics services using its own warehousing assets and resources on behalf of its customers; and
(C)
satisfies such other requirements as the Secretary of Homeland Security specifies in the Federal Register notice required pursuant to subsection (a)(2).
(c)

Application
An entity that wants to participate in the pilot program under subsection (a)(1) shall submit to the Secretary of Homeland Security an application at such time, in such manner, and containing such information as the Secretary may require.
(d)

Requirements
In carrying out the pilot program under subsection (a)(1), the Secretary of Homeland Security shall—
(1)
ensure that—
(A)
not more than ten entities described in paragraph (1) of subsection (b) participate in the pilot program; and
(B)
not more than ten entities described in paragraph (2) of such subsection participate in the pilot program;
(2)
provide for the participation of each of such categories of entities on a voluntary basis; and
(3)
continue the pilot program for a period of not less than one and not more than five years after the date on which the Secretary publishes the Federal Register notice required pursuant to subsection (a)(2).
(e)

Report required
Not later than 180 days after the termination of the pilot program under subsection (d)(3), the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on the findings of, and any recommendations arising from, the pilot program relating to the participation in CTPAT of entities described in subsection (b), including an assessment of participation by such entities.
3.

Report on effectiveness of CTPAT
(a)

In general
Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the effectiveness of CTPAT.
(b)

Elements
The report required by subsection (a) shall include the following:
(1)
An analysis of—
(A)
security incidents in the United States cargo supply chain during the five-year period preceding submission of the report that involved criminal activity, including drug trafficking, human smuggling, or terrorist activity; and
(B)
whether such incidents involved entities participating in CTPAT or entities not participating in CTPAT.
(2)
An analysis of causes for the suspension or removal of entities from participating in CTPAT as a result of security incidents during the five-year period referred to in paragraph (1).
(3)
An analysis of the number of active CTPAT participants involved in one or more security incidents while maintaining their status as participants.
(4)
An analysis of CTPAT’s benefits for its participants.
(5)
Recommendations, as appropriate, to the Commissioner of U.S. Customs and Border Protection for improvements to CTPAT, including with respect to preventing security incidents in the United States cargo supply chain and enhancing CTPAT benefits for participants.
4.

Definitions
In this Act:
(1)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate; and
(B)
the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives.
(2)

CTPAT
The term CTPAT means the Customs Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.).
May 24, 2022
Committed to the Committee of the Whole House on the State of the Union and ordered to be printed