[118th Congress Public Law 98]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 1575]]
Public Law 118-98
118th Congress
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. <<NOTE: Oct. 1, 2024 - [S. 794]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Customs Trade
Partnership Against Terrorism Pilot Program Act of 2023. 6 USC 961
note.>>
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) <<NOTE: Deadline.>> 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
[[Page 138 STAT. 1576]]
(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) <<NOTE: Time periods.>> 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) <<NOTE: Termination date.>> terminate the pilot program
not more than 5 years after that date.
(d) <<NOTE: Assessment.>> 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) <<NOTE: Analyses.>> 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) <<NOTE: Recommenda- tions.>> Recommendations to the
Commissioner of U.S. Customs and Border Protection for
improvements to CTPAT to improve
[[Page 138 STAT. 1577]]
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.
Approved October 1, 2024.
LEGISLATIVE HISTORY--S. 794:
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SENATE REPORTS: No. 118-27 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 169 (2023):
July 18, considered and passed
Senate.
Vol. 170 (2024):
Sept. 23, considered and passed
House.
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