[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 794 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 794
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
March 14, 2023
Mr. Cornyn (for himself and Mr. Carper) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
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,
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.
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