Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB794 Compare Versions

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Old	New		Differences
	1	+	118THCONGRESS
	2	+	1
	3	+	STSESSION S. 794
	4	+	AN ACT
	5	+	To require a pilot program on the participation of non-
	6	+	asset-based third-party logistics providers in the Cus-
	7	+	toms-Trade Partnership Against Terrorism.
	8	+	Be it enacted by the Senate and House of Representa-1
	9	+	tives of the United States of America in Congress assembled, 2 2
	10	+	†S 794 ES
	11	+	SECTION 1. SHORT TITLE. 1
	12	+	This Act may be cited as the ‘‘Customs Trade Part-2
	13	+	nership Against Terrorism Pilot Program Act of 2023’’ 3
	14	+	or the ‘‘CTPAT Pilot Program Act of 2023’’. 4
	15	+	SEC. 2. DEFINITIONS. 5
	16	+	In this Act: 6
	17	+	(1) A
	18	+	PPROPRIATE CONGRESSIONAL COMMIT -7
	19	+	TEES.—The term ‘‘appropriate congressional com-8
	20	+	mittees’’ means— 9
	21	+	(A) the Committee on Homeland Security 10
	22	+	and Governmental Affairs and the Committee 11
	23	+	on Finance of the Senate; and 12
	24	+	(B) the Committee on Homeland Security 13
	25	+	and the Committee on Ways and Means of the 14
	26	+	House of Representatives. 15
	27	+	(2) CTPAT.—The term ‘‘CTPAT’’ means the 16
	28	+	Customs Trade Partnership Against Terrorism es-17
	29	+	tablished under subtitle B of title II of the Security 18
	30	+	and Accountability for Every Port Act (6 U.S.C. 19
	31	+	961 et seq.). 20
	32	+	SEC. 3. PILOT PROGRAM ON PARTICIPATION OF THIRD- 21
	33	+	PARTY LOGISTICS PROVIDERS IN CTPAT. 22
	34	+	(a) E
	35	+	STABLISHMENT.— 23
	36	+	(1) I
	37	+	N GENERAL.—The Secretary of Homeland 24
	38	+	Security shall carry out a pilot program to assess 25
	39	+	whether allowing entities described in subsection (b) 26 3
	40	+	†S 794 ES
	41	+	to participate in CTPAT would enhance port secu-1
	42	+	rity, combat terrorism, prevent supply chain security 2
	43	+	breaches, or otherwise meet the goals of CTPAT. 3
	44	+	(2) F
	45	+	EDERAL REGISTER NOTICE .—Not later 4
	46	+	than one year after the date of the enactment of this 5
	47	+	Act, the Secretary shall publish in the Federal Reg-6
	48	+	ister a notice specifying the requirements for the 7
	49	+	pilot program required by paragraph (1). 8
	50	+	(b) E
	51	+	NTITIESDESCRIBED.—An entity described in 9
	52	+	this subsection is— 10
	53	+	(1) a non-asset-based third-party logistics pro-11
	54	+	vider that— 12
	55	+	(A) arranges international transportation 13
	56	+	of freight and is licensed by the Department of 14
	57	+	Transportation; and 15
	58	+	(B) meets such other requirements as the 16
	59	+	Secretary specifies in the Federal Register no-17
	60	+	tice required by subsection (a)(2); or 18
	61	+	(2) an asset-based third-party logistics provider 19
	62	+	that— 20
	63	+	(A) facilitates cross border activity and is 21
	64	+	licensed or bonded by the Federal Maritime 22
	65	+	Commission, the Transportation Security Ad-23
	66	+	ministration, U.S. Customs and Border Protec-24
	67	+	tion, or the Department of Transportation; 25 4
	68	+	†S 794 ES
	69	+	(B) manages and executes logistics services 1
	70	+	using its own warehousing assets and resources 2
	71	+	on behalf of its customers; and 3
	72	+	(C) meets such other requirements as the 4
	73	+	Secretary specifies in the Federal Register no-5
	74	+	tice required by subsection (a)(2). 6
	75	+	(c) R
	76	+	EQUIREMENTS.—In carrying out the pilot pro-7
	77	+	gram required by subsection (a)(1), the Secretary shall— 8
	78	+	(1) ensure that— 9
	79	+	(A) not more than 10 entities described in 10
	80	+	paragraph (1) of subsection (b) participate in 11
	81	+	the pilot program; and 12
	82	+	(B) not more than 10 entities described in 13
	83	+	paragraph (2) of that subsection participate in 14
	84	+	the program; 15
	85	+	(2) provide for the participation of those enti-16
	86	+	ties on a voluntary basis; 17
	87	+	(3) continue the program for a period of not 18
	88	+	less than one year after the date on which the Sec-19
	89	+	retary publishes the Federal Register notice required 20
	90	+	by subsection (a)(2); and 21
	91	+	(4) terminate the pilot program not more than 22
	92	+	5 years after that date. 23
	93	+	(d) R
	94	+	EPORTREQUIRED.—Not later than 180 days 24
	95	+	after the termination of the pilot program under sub-25 5
	96	+	†S 794 ES
	97	+	section (c)(4), the Secretary shall submit to the appro-1
	98	+	priate congressional committees a report on the findings 2
	99	+	of, and any recommendations arising from, the pilot pro-3
	100	+	gram concerning the participation in CTPAT of entities 4
	101	+	described in subsection (b), including an assessment of 5
	102	+	participation by those entities. 6
	103	+	SEC. 4. REPORT ON EFFECTIVENESS OF CTPAT. 7
	104	+	(a) I
	105	+	NGENERAL.—Not later than one year after the 8
	106	+	date of the enactment of this Act, the Comptroller General 9
	107	+	of the United States shall submit to the appropriate con-10
	108	+	gressional committees a report assessing the effectiveness 11
	109	+	of CTPAT. 12
	110	+	(b) E
	111	+	LEMENTS.—The report required by subsection 13
	112	+	(a) shall include the following: 14
	113	+	(1) An analysis of— 15
	114	+	(A) security incidents in the cargo supply 16
	115	+	chain during the 5-year period preceding sub-17
	116	+	mission of the report that involved criminal ac-18
	117	+	tivity, including drug trafficking, human smug-19
	118	+	gling, commercial fraud, or terrorist activity; 20
	119	+	and 21
	120	+	(B) whether those incidents involved par-22
	121	+	ticipants in CTPAT or entities not participating 23
	122	+	in CTPAT. 24 6
	123	+	†S 794 ES
	124	+	(2) An analysis of causes for the suspension or 1
	125	+	removal of entities from participating in CTPAT as 2
	126	+	a result of security incidents during that 5-year pe-3
	127	+	riod. 4
	128	+	(3) An analysis of the number of active CTPAT 5
	129	+	participants involved in one or more security inci-6
	130	+	dents while maintaining their status as participants. 7
	131	+	(4) Recommendations to the Commissioner of 8
	132	+	U.S. Customs and Border Protection for improve-9
	133	+	ments to CTPAT to improve prevention of security 10
	134	+	incidents in the cargo supply chain involving partici-11
	135	+	pants in CTPAT. 12
	136	+	SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. 13
	137	+	No additional funds are authorized to be appro-14
	138	+	priated for the purpose of carrying out this Act. 15
	139	+	Passed the Senate July 18, 2023.
	140	+	Attest:
	141	+	Secretary. 118
	142	+	TH
	143	+	CONGRESS
	144	+	1
	145	+	ST
	146	+	S
	147	+	ESSION
	148	+
1	149		S. 794
2		-	One Hundred Eighteenth Congress
3		-	of the
4		-	United States of America
5		-	AT THE SECOND SESSION
6		-	Begun and held at the City of Washington on Wednesday,
7		-	the third day of January, two thousand and twenty four
8	150		AN ACT
9		-	To require a pilot program on the participation of non-asset-based third-party logis-
10		-	tics providers in the Customs-Trade Partnership Against Terrorism.
11		-	Be it enacted by the Senate and House of Representatives of
12		-	the United States of America in Congress assembled,
13		-	SECTION 1. SHORT TITLE.
14		-	This Act may be cited as the ‘‘Customs Trade Partnership
15		-	Against Terrorism Pilot Program Act of 2023’’ or the ‘‘CTPAT Pilot
16		-	Program Act of 2023’’.
17		-	SEC. 2. DEFINITIONS.
18		-	In this Act:
19		-	(1) A
20		-	PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
21		-	‘‘appropriate congressional committees’’ means—
22		-	(A) the Committee on Homeland Security and Govern-
23		-	mental Affairs and the Committee on Finance of the
24		-	Senate; and
25		-	(B) the Committee on Homeland Security and the Com-
26		-	mittee on Ways and Means of the House of Representatives.
27		-	(2) CTPAT.—The term ‘‘CTPAT’’ means the Customs Trade
28		-	Partnership Against Terrorism established under subtitle B
29		-	of title II of the Security and Accountability for Every Port
30		-	Act (6 U.S.C. 961 et seq.).
31		-	SEC. 3. PILOT PROGRAM ON PARTICIPATION OF THIRD-PARTY LOGIS-
32		-	TICS PROVIDERS IN CTPAT.
33		-	(a) ESTABLISHMENT.—
34		-	(1) I
35		-	N GENERAL.—The Secretary of Homeland Security shall
36		-	carry out a pilot program to assess whether allowing entities
37		-	described in subsection (b) to participate in CTPAT would
38		-	enhance port security, combat terrorism, prevent supply chain
39		-	security breaches, or otherwise meet the goals of CTPAT.
40		-	(2) F
41		-	EDERAL REGISTER NOTICE .—Not later than one year
42		-	after the date of the enactment of this Act, the Secretary
43		-	shall publish in the Federal Register a notice specifying the
44		-	requirements for the pilot program required by paragraph (1).
45		-	(b) E
46		-	NTITIESDESCRIBED.—An entity described in this subsection
47		-	is—
48		-	(1) a non-asset-based third-party logistics provider that—
49		-	(A) arranges international transportation of freight and
50		-	is licensed by the Department of Transportation; and
51		-	(B) meets such other requirements as the Secretary
52		-	specifies in the Federal Register notice required by sub-
53		-	section (a)(2); or S. 794—2
54		-	(2) an asset-based third-party logistics provider that—
55		-	(A) facilitates cross border activity and is licensed or
56		-	bonded by the Federal Maritime Commission, the Transpor-
57		-	tation Security Administration, U.S. Customs and Border
58		-	Protection, or the Department of Transportation;
59		-	(B) manages and executes logistics services using its
60		-	own warehousing assets and resources on behalf of its
61		-	customers; and
62		-	(C) meets such other requirements as the Secretary
63		-	specifies in the Federal Register notice required by sub-
64		-	section (a)(2).
65		-	(c) R
66		-	EQUIREMENTS.—In carrying out the pilot program required
67		-	by subsection (a)(1), the Secretary shall—
68		-	(1) ensure that—
69		-	(A) not more than 10 entities described in paragraph
70		-	(1) of subsection (b) participate in the pilot program; and
71		-	(B) not more than 10 entities described in paragraph
72		-	(2) of that subsection participate in the program;
73		-	(2) provide for the participation of those entities on a
74		-	voluntary basis;
75		-	(3) continue the program for a period of not less than
76		-	one year after the date on which the Secretary publishes the
77		-	Federal Register notice required by subsection (a)(2); and
78		-	(4) terminate the pilot program not more than 5 years
79		-	after that date.
80		-	(d) R
81		-	EPORTREQUIRED.—Not later than 180 days after the termi-
82		-	nation of the pilot program under subsection (c)(4), the Secretary
83		-	shall submit to the appropriate congressional committees a report
84		-	on the findings of, and any recommendations arising from, the
85		-	pilot program concerning the participation in CTPAT of entities
86		-	described in subsection (b), including an assessment of participation
87		-	by those entities.
88		-	SEC. 4. REPORT ON EFFECTIVENESS OF CTPAT.
89		-	(a) INGENERAL.—Not later than one year after the date of
90		-	the enactment of this Act, the Comptroller General of the United
91		-	States shall submit to the appropriate congressional committees
92		-	a report assessing the effectiveness of CTPAT.
93		-	(b) E
94		-	LEMENTS.—The report required by subsection (a) shall
95		-	include the following:
96		-	(1) An analysis of—
97		-	(A) security incidents in the cargo supply chain during
98		-	the 5-year period preceding submission of the report that
99		-	involved criminal activity, including drug trafficking,
100		-	human smuggling, commercial fraud, or terrorist activity;
101		-	and
102		-	(B) whether those incidents involved participants in
103		-	CTPAT or entities not participating in CTPAT.
104		-	(2) An analysis of causes for the suspension or removal
105		-	of entities from participating in CTPAT as a result of security
106		-	incidents during that 5-year period.
107		-	(3) An analysis of the number of active CTPAT participants
108		-	involved in one or more security incidents while maintaining
109		-	their status as participants.
110		-	(4) Recommendations to the Commissioner of U.S. Customs
111		-	and Border Protection for improvements to CTPAT to improve S. 794—3
112		-	prevention of security incidents in the cargo supply chain
113		-	involving participants in CTPAT.
114		-	SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.
115		-	No additional funds are authorized to be appropriated for the
116		-	purpose of carrying out this Act.
117		-	Speaker of the House of Representatives.
118		-	Vice President of the United States and
119		-	President of the Senate.
	151	+	To require a pilot program on the participation of
	152	+	non-asset-based third-party logistics providers in
	153	+	the Customs-Trade Partnership Against Ter-
	154	+	rorism.