[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

[[Page S2737]]

       (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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