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 logis-
tics 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) A
PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and Govern-
mental Affairs and the Committee on Finance of the
Senate; and
(B) the Committee on Homeland Security and the Com-
mittee 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 LOGIS-
TICS PROVIDERS IN CTPAT.
(a) ESTABLISHMENT.—
(1) I
N 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) F
EDERAL 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) E
NTITIESDESCRIBED.—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 sub-
section (a)(2); or S. 794—2
(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 Transpor-
tation 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 sub-
section (a)(2).
(c) R
EQUIREMENTS.—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) R
EPORTREQUIRED.—Not later than 180 days after the termi-
nation 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) INGENERAL.—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) E
LEMENTS.—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 S. 794—3
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.