[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 794 Enrolled Bill (ENR)]

        S.794

                     One Hundred Eighteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
         the third day of January, two thousand and twenty four


                                 An Act


 
   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,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Customs Trade Partnership Against 
Terrorism Pilot Program Act of 2023'' or the ``CTPAT Pilot Program Act 
of 2023''.
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.
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.
    No additional funds are authorized to be appropriated for the 
purpose of carrying out this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.