I
118THCONGRESS
1
STSESSION H. R. 6876
To require a pilot program on the participation of third-party logistics pro-
viders in the Customs Trade Partnership Against Terrorism, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER19, 2023
Ms. S
LOTKIN(for herself, Mr. LUTTRELL, Mr. MENENDEZ, and Mrs. MILLER-
M
EEKS) introduced the following bill; which was referred to the Com-
mittee on Homeland Security
A BILL
To require a pilot program on the participation of third-
party logistics providers in the Customs Trade Partner-
ship Against Terrorism, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Customs Trade Part-4
nership Against Terrorism Pilot Program Act of 2023’’ 5
or the ‘‘CTPAT Pilot Program Act of 2023’’. 6
SEC. 2. PILOT PROGRAM ON PARTICIPATION OF THIRD- 7
PARTY LOGISTICS PROVIDERS IN CTPAT. 8
(a) E
STABLISHMENT.— 9
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(1) IN GENERAL.—The Secretary of Homeland 1
Security shall carry out a pilot program to assess 2
whether allowing entities described in subsection (b) 3
to participate in CTPAT would enhance port secu-4
rity, combat terrorism, prevent United States supply 5
chain security breaches, or otherwise satisfy the 6
goals of CTPAT. 7
(2) F
EDERAL REGISTER NOTICE .—Not later 8
than one year after the date of the enactment of this 9
Act, the Secretary of Homeland Security shall pub-10
lish in the Federal Register a notice for entities de-11
scribed in subsection (b) to apply to participate in 12
the pilot program required under paragraph (1). 13
(b) E
NTITIESDESCRIBED.—An entity described in 14
this subsection is— 15
(1) a non-asset-based third-party logistics pro-16
vider that— 17
(A) arranges international transportation 18
of freight and is licensed or bonded by the Fed-19
eral Maritime Commission, the Transportation 20
Security Administration, U.S. Customs and 21
Border Protection, or the Department of Trans-22
portation; and 23
(B) satisfies such other requirements as 24
the Secretary of Homeland Security specifies in 25
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the Federal Register notice required pursuant 1
to subsection (a)(2); or 2
(2) an asset-based third-party logistics provider 3
that— 4
(A) facilitates cross border activity and is 5
licensed or bonded by the Federal Maritime 6
Commission, the Transportation Security Ad-7
ministration, U.S. Customs and Border Protec-8
tion, or the Department of Transportation; 9
(B) manages and executes logistics services 10
using its own warehousing assets and resources 11
on behalf of its customers; and 12
(C) satisfies such other requirements as 13
the Secretary of Homeland Security specifies in 14
the Federal Register notice required pursuant 15
to subsection (a)(2). 16
(c) A
PPLICATION.—An entity that wants to partici-17
pate in the pilot program under subsection (a)(1) shall 18
submit to the Secretary of Homeland Security an applica-19
tion at such time, in such manner, and containing such 20
information as the Secretary may require. 21
(d) R
EQUIREMENTS.—In carrying out the pilot pro-22
gram under subsection (a)(1), the Secretary of Homeland 23
Security shall— 24
(1) ensure that— 25
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(A) not more than ten entities described in 1
paragraph (1) of subsection (b) participate in 2
the pilot program; and 3
(B) not more than ten entities described in 4
paragraph (2) of such subsection participate in 5
the pilot program; 6
(2) provide for the participation of each of such 7
categories of entities on a voluntary basis; and 8
(3) continue the pilot program for a period of 9
not less than one and not more than five years after 10
the date on which the Secretary publishes the Fed-11
eral Register notice required pursuant to subsection 12
(a)(2). 13
(e) R
EPORTREQUIRED.—Not later than 180 days 14
after the termination of the pilot program under sub-15
section (d)(3), the Secretary of Homeland Security shall 16
submit to the appropriate congressional committees a re-17
port on the findings of, and any recommendations arising 18
from, the pilot program relating to the participation in 19
CTPAT of entities described in subsection (b), including 20
an assessment of participation by such entities. 21
(f) R
EPORT ONEFFECTIVENESS OFCTPAT.— 22
(1) I
N GENERAL.—Not later than 18 months 23
after the date of the enactment of this Act, the 24
Comptroller General of the United States shall sub-25
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mit to the appropriate congressional committees a 1
report assessing the effectiveness of CTPAT. 2
(2) E
LEMENTS.—The report required by sub-3
section (a) shall include the following: 4
(A) An analysis of— 5
(i) security incidents in the United 6
States cargo supply chain during the five- 7
year period preceding submission of the re-8
port that involved criminal activity, includ-9
ing drug trafficking, human smuggling, or 10
terrorist activity; and 11
(ii) whether such incidents involved 12
entities participating in CTPAT or entities 13
not participating in CTPAT. 14
(B) An analysis of causes for the suspen-15
sion or removal of entities from participating in 16
CTPAT as a result of security incidents during 17
the five-year period referred to in paragraph 18
(1). 19
(C) An analysis of the number of active 20
CTPAT participants involved in one or more se-21
curity incidents while maintaining their status 22
as participants. 23
(D) An analysis of CTPAT’s benefits for 24
its participants. 25
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(E) Recommendations, as appropriate, to 1
the Commissioner of U.S. Customs and Border 2
Protection for improvements to CTPAT, includ-3
ing with respect to preventing security incidents 4
in the United States cargo supply chain and en-5
hancing CTPAT benefits for participants. 6
(g) D
EFINITIONS.—In this section: 7
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -8
TEES.—The term ‘‘appropriate congressional com-9
mittees’’ means— 10
(A) the Committee on Homeland Security 11
and Governmental Affairs and the Committee 12
on Finance of the Senate; and 13
(B) the Committee on Homeland Security 14
and the Committee on Ways and Means of the 15
House of Representatives. 16
(2) CTPAT.—The term ‘‘CTPAT’’ means the 17
Customs Trade Partnership Against Terrorism es-18
tablished under subtitle B of title II of the Security 19
and Accountability for Every Port Act of 2006 (6 20
U.S.C. 961 et seq.). 21
Æ
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