[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2322 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 350
117th CONGRESS
  2d Session
                                S. 2322

                          [Report No. 117-99]

  To require a pilot program on the participation of non-asset-based 
   third-party logistics providers in the Customs-Trade Partnership 
                           Against Terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2021

 Mr. Cornyn (for himself, Mr. Menendez, Mr. Carper, Mr. Scott of South 
Carolina, Ms. Hassan, and Mr. Lankford) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             April 27, 2022

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To require a pilot program on the participation of non-asset-based 
   third-party logistics providers in the Customs-Trade Partnership 
                           Against Terrorism.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Customs-Trade Partnership 
Against Terrorism Pilot Program Act of 2021'' or the ``CTPAT Pilot 
Program Act of 2021''.</DELETED>

<DELETED>SEC. 2. PILOT PROGRAM ON PARTICIPATION OF NON-ASSET-BASED 
              THIRD-PARTY LOGISTICS PROVIDERS IN CUSTOMS-TRADE 
              PARTNERSHIP AGAINST TERRORISM.</DELETED>

<DELETED>    (a) In General.--Not later than one year after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
issue a final rule to carry out a pilot program to assess whether 
allowing entities described in subsection (b) to participate in the 
Customs-Trade Partnership Against Terrorism under subtitle B of title I 
of the SAFE Port Act (6 U.S.C. 961 et seq.) would enhance port 
security, combat terrorism, prevent supply chain security breaches, or 
otherwise meet the goals of the Customs-Trade Partnership Against 
Terrorism.</DELETED>
<DELETED>    (b) Entities Described.--An entity described in this 
subsection is a non-asset-based third-party logistics provider that--
</DELETED>
        <DELETED>    (1) arranges international transportation of 
        freight and is licensed by the Department of Transportation; 
        and</DELETED>
        <DELETED>    (2) meets such other requirements as the Secretary 
        establishes in the rule required by subsection (a).</DELETED>
<DELETED>    (c) Requirements.--In carrying out the pilot program 
required by subsection (a), the Secretary shall--</DELETED>
        <DELETED>    (1) ensure that not more than 10 entities 
        described in subsection (b) participate in the pilot 
        program;</DELETED>
        <DELETED>    (2) provide for the participation of those 
        entities on a voluntary basis;</DELETED>
        <DELETED>    (3) continue the program for a period of not less 
        than one year after the date on which the Secretary issues the 
        final rule required by subsection (a); and</DELETED>
        <DELETED>    (4) terminate the pilot program not more than 5 
        years after that date.</DELETED>
<DELETED>    (d) Report Required.--Not later than 180 days after the 
termination of the pilot program under subsection (c)(4), the Secretary 
shall submit to Congress a report on the findings of, and any 
recommendations arising from, the pilot program concerning the 
participation in the Customs-Trade Partnership Against Terrorism of 
entities described in subsection (b).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Customs Trade Partnership Against 
Terrorism Pilot Program Act of 2021'' or the ``CTPAT Pilot Program Act 
of 2021''.

SEC. 2. 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 
        (6 U.S.C. 961 et seq.).

SEC. 3. 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 supply chain 
        security breaches, or otherwise meet 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 specifying the 
        requirements for the pilot program required by 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 by the Department of 
                Transportation; and
                    (B) meets such other requirements as the Secretary 
                specifies in the Federal Register notice required by 
                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) meets such other requirements as the Secretary 
                specifies in the Federal Register notice required by 
                subsection (a)(2).
    (c) Requirements.--In carrying out the pilot program required by 
subsection (a)(1), the Secretary shall--
            (1) ensure that--
                    (A) not more than 10 entities described in 
                paragraph (1) of subsection (b) participate in the 
                pilot program; and
                    (B) not more than 10 entities described in 
                paragraph (2) of that subsection participate in the 
                program;
            (2) provide for the participation of those entities on a 
        voluntary basis;
            (3) continue the program for a period of not less than one 
        year after the date on which the Secretary publishes the 
        Federal Register notice required by subsection (a)(2); and
            (4) terminate the pilot program not more than 5 years after 
        that date.
    (d) Report Required.--Not later than 180 days after the termination 
of the pilot program under subsection (c)(4), the Secretary shall 
submit to the appropriate congressional committees a report on the 
findings of, and any recommendations arising from, the pilot program 
concerning the participation in CTPAT of entities described in 
subsection (b), including an assessment of participation by those 
entities.

SEC. 4. REPORT ON EFFECTIVENESS OF CTPAT.

    (a) In General.--Not later than one year 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 cargo supply chain 
                during the 5-year period preceding submission of the 
                report that involved criminal activity, including drug 
                trafficking, human smuggling, commercial fraud, or 
                terrorist activity; and
                    (B) whether those incidents involved participants 
                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 that 5-year period.
            (3) An analysis of the number of active CTPAT participants 
        involved in one or more security incidents while maintaining 
        their status as participants.
            (4) Recommendations to the Commissioner of U.S. Customs and 
        Border Protection for improvements to CTPAT to improve 
        prevention of security incidents in the cargo supply chain 
        involving participants in CTPAT.
                                                       Calendar No. 350

117th CONGRESS

  2d Session

                                S. 2322

                          [Report No. 117-99]

_______________________________________________________________________

                                 A BILL

  To require a pilot program on the participation of non-asset-based 
   third-party logistics providers in the Customs-Trade Partnership 
                           Against Terrorism.

_______________________________________________________________________

                             April 27, 2022

                       Reported with an amendment