118THCONGRESS
1
STSESSION S. 794
AN ACT
To require a pilot program on the participation of non-
asset-based third-party logistics providers in the Cus-
toms-Trade Partnership Against Terrorism.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 2
†S 794 ES
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Customs Trade Part-2
nership Against Terrorism Pilot Program Act of 2023’’ 3
or the ‘‘CTPAT Pilot Program Act of 2023’’. 4
SEC. 2. DEFINITIONS. 5
In this Act: 6
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -7
TEES.—The term ‘‘appropriate congressional com-8
mittees’’ means— 9
(A) the Committee on Homeland Security 10
and Governmental Affairs and the Committee 11
on Finance of the Senate; and 12
(B) the Committee on Homeland Security 13
and the Committee on Ways and Means of the 14
House of Representatives. 15
(2) CTPAT.—The term ‘‘CTPAT’’ means the 16
Customs Trade Partnership Against Terrorism es-17
tablished under subtitle B of title II of the Security 18
and Accountability for Every Port Act (6 U.S.C. 19
961 et seq.). 20
SEC. 3. PILOT PROGRAM ON PARTICIPATION OF THIRD- 21
PARTY LOGISTICS PROVIDERS IN CTPAT. 22
(a) E
STABLISHMENT.— 23
(1) I
N GENERAL.—The Secretary of Homeland 24
Security shall carry out a pilot program to assess 25
whether allowing entities described in subsection (b) 26 3
†S 794 ES
to participate in CTPAT would enhance port secu-1
rity, combat terrorism, prevent supply chain security 2
breaches, or otherwise meet the goals of CTPAT. 3
(2) F
EDERAL REGISTER NOTICE .—Not later 4
than one year after the date of the enactment of this 5
Act, the Secretary shall publish in the Federal Reg-6
ister a notice specifying the requirements for the 7
pilot program required by paragraph (1). 8
(b) E
NTITIESDESCRIBED.—An entity described in 9
this subsection is— 10
(1) a non-asset-based third-party logistics pro-11
vider that— 12
(A) arranges international transportation 13
of freight and is licensed by the Department of 14
Transportation; and 15
(B) meets such other requirements as the 16
Secretary specifies in the Federal Register no-17
tice required by subsection (a)(2); or 18
(2) an asset-based third-party logistics provider 19
that— 20
(A) facilitates cross border activity and is 21
licensed or bonded by the Federal Maritime 22
Commission, the Transportation Security Ad-23
ministration, U.S. Customs and Border Protec-24
tion, or the Department of Transportation; 25 4
†S 794 ES
(B) manages and executes logistics services 1
using its own warehousing assets and resources 2
on behalf of its customers; and 3
(C) meets such other requirements as the 4
Secretary specifies in the Federal Register no-5
tice required by subsection (a)(2). 6
(c) R
EQUIREMENTS.—In carrying out the pilot pro-7
gram required by subsection (a)(1), the Secretary shall— 8
(1) ensure that— 9
(A) not more than 10 entities described in 10
paragraph (1) of subsection (b) participate in 11
the pilot program; and 12
(B) not more than 10 entities described in 13
paragraph (2) of that subsection participate in 14
the program; 15
(2) provide for the participation of those enti-16
ties on a voluntary basis; 17
(3) continue the program for a period of not 18
less than one year after the date on which the Sec-19
retary publishes the Federal Register notice required 20
by subsection (a)(2); and 21
(4) terminate the pilot program not more than 22
5 years after that date. 23
(d) R
EPORTREQUIRED.—Not later than 180 days 24
after the termination of the pilot program under sub-25 5
†S 794 ES
section (c)(4), the Secretary shall submit to the appro-1
priate congressional committees a report on the findings 2
of, and any recommendations arising from, the pilot pro-3
gram concerning the participation in CTPAT of entities 4
described in subsection (b), including an assessment of 5
participation by those entities. 6
SEC. 4. REPORT ON EFFECTIVENESS OF CTPAT. 7
(a) I
NGENERAL.—Not later than one year after the 8
date of the enactment of this Act, the Comptroller General 9
of the United States shall submit to the appropriate con-10
gressional committees a report assessing the effectiveness 11
of CTPAT. 12
(b) E
LEMENTS.—The report required by subsection 13
(a) shall include the following: 14
(1) An analysis of— 15
(A) security incidents in the cargo supply 16
chain during the 5-year period preceding sub-17
mission of the report that involved criminal ac-18
tivity, including drug trafficking, human smug-19
gling, commercial fraud, or terrorist activity; 20
and 21
(B) whether those incidents involved par-22
ticipants in CTPAT or entities not participating 23
in CTPAT. 24 6
†S 794 ES
(2) An analysis of causes for the suspension or 1
removal of entities from participating in CTPAT as 2
a result of security incidents during that 5-year pe-3
riod. 4
(3) An analysis of the number of active CTPAT 5
participants involved in one or more security inci-6
dents while maintaining their status as participants. 7
(4) Recommendations to the Commissioner of 8
U.S. Customs and Border Protection for improve-9
ments to CTPAT to improve prevention of security 10
incidents in the cargo supply chain involving partici-11
pants in CTPAT. 12
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. 13
No additional funds are authorized to be appro-14
priated for the purpose of carrying out this Act. 15
Passed the Senate July 18, 2023.
Attest:
Secretary. 118
TH
CONGRESS
1
ST
S
ESSION
S. 794
AN ACT
To require a pilot program on the participation of
non-asset-based third-party logistics providers in
the Customs-Trade Partnership Against Ter-
rorism.