[Congressional Record Volume 168, Number 92 (Thursday, May 26, 2022)]
[Senate]
[Pages S2736-S2737]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CUSTOMS TRADE PARTNERSHIP AGAINST TERRORISM PILOT PROGRAM ACT OF 2021
Mr. CARDIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 350, S. 2322.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 2322) to require a pilot program on the
participation of non-asset-based third-party logistics
providers in the Customs-Trade Partnership Against Terrorism.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs, with an amendment to strike all after the
enacting clause and insert in lieu thereof the following:
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
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(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.
Mr. CARDIN. I ask unanimous consent that the committee-reported
substitute amendment be agreed to; that the bill, as amended, be
considered read a third time and passed; and that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment in the nature of a substitute was
agreed to.
The bill (S. 2322), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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