[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.