II 

118TH CONGRESS 

1ST SESSION S. 794 

To require a pilot program on the participation of non-asset-based thirdparty logistics providers in the Customs-Trade Partnership Against Terrorism. 

IN THE SENATE OF THE UNITED STATES 

MARCH 14, 2023 

Mr. CORNYN (for himself and Mr. CARPER) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To require a pilot program on the participation of nonasset-based third-party logistics providers in the Customs-Trade Partnership Against Terrorism. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Customs Trade Part5 nership Against Terrorism Pilot Program Act of 2023’’ 

6 or the ‘‘CTPAT Pilot Program Act of 2023’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 794 IS

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs and the Committee 

6 on Finance of the Senate; and 

7 (B) the Committee on Homeland Security 

8 and the Committee on Ways and Means of the 

9 House of Representatives. 

10 (2) CTPAT.—The term ‘‘CTPAT’’ means the 

11 Customs Trade Partnership Against Terrorism es12 tablished under subtitle B of title II of the Security 

13 and Accountability for Every Port Act (6 U.S.C. 

14 961 et seq.). 

15 SEC. 3. PILOT PROGRAM ON PARTICIPATION OF THIRD16 PARTY LOGISTICS PROVIDERS IN CTPAT. 

17 (a) ESTABLISHMENT.— 

18 (1) IN GENERAL.—The Secretary of Homeland 

19 Security shall carry out a pilot program to assess 

20 whether allowing entities described in subsection (b) 

21 to participate in CTPAT would enhance port secu22 rity, combat terrorism, prevent supply chain security 

23 breaches, or otherwise meet the goals of CTPAT. 

24 (2) FEDERAL REGISTER NOTICE.—Not later 

25 than one year after the date of the enactment of this 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 794 IS

1 Act, the Secretary shall publish in the Federal Reg2 ister a notice specifying the requirements for the 

3 pilot program required by paragraph (1). 

4 (b) ENTITIES DESCRIBED.—An entity described in 

5 this subsection is— 

6 (1) a non-asset-based third-party logistics pro7 vider that— 

8 (A) arranges international transportation 

9 of freight and is licensed by the Department of 

10 Transportation; and 

11 (B) meets such other requirements as the 

12 Secretary specifies in the Federal Register no13 tice required by subsection (a)(2); or 

14 (2) an asset-based third-party logistics provider 

15 that— 

16 (A) facilitates cross border activity and is 

17 licensed or bonded by the Federal Maritime 

18 Commission, the Transportation Security Ad19 ministration, U.S. Customs and Border Protec20 tion, or the Department of Transportation; 

21 (B) manages and executes logistics services 

22 using its own warehousing assets and resources 

23 on behalf of its customers; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 794 IS

1 (C) meets such other requirements as the 

2 Secretary specifies in the Federal Register no3 tice required by subsection (a)(2). 

4 (c) REQUIREMENTS.—In carrying out the pilot pro5 gram required by subsection (a)(1), the Secretary shall— 

6 (1) ensure that— 

7 (A) not more than 10 entities described in 

8 paragraph (1) of subsection (b) participate in 

9 the pilot program; and 

10 (B) not more than 10 entities described in 

11 paragraph (2) of that subsection participate in 

12 the program; 

13 (2) provide for the participation of those enti14 ties on a voluntary basis; 

15 (3) continue the program for a period of not 

16 less than one year after the date on which the Sec17 retary publishes the Federal Register notice required 

18 by subsection (a)(2); and 

19 (4) terminate the pilot program not more than 

20 5 years after that date. 

21 (d) REPORT REQUIRED.—Not later than 180 days 

22 after the termination of the pilot program under sub23 section (c)(4), the Secretary shall submit to the appro24 priate congressional committees a report on the findings 

25 of, and any recommendations arising from, the pilot proVerDate Sep 11 2014 22:11 Mar 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S794.IS S794

pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 794 IS

1 gram concerning the participation in CTPAT of entities 

2 described in subsection (b), including an assessment of 

3 participation by those entities. 

4 SEC. 4. REPORT ON EFFECTIVENESS OF CTPAT. 

5 (a) IN GENERAL.—Not later than one year after the 

6 date of the enactment of this Act, the Comptroller General 

7 of the United States shall submit to the appropriate con8 gressional committees a report assessing the effectiveness 

9 of CTPAT. 

10 (b) ELEMENTS.—The report required by subsection 

11 (a) shall include the following: 

12 (1) An analysis of— 

13 (A) security incidents in the cargo supply 

14 chain during the 5-year period preceding sub15 mission of the report that involved criminal ac16 tivity, including drug trafficking, human smug17 gling, commercial fraud, or terrorist activity; 

18 and 

19 (B) whether those incidents involved par20 ticipants in CTPAT or entities not participating 

21 in CTPAT. 

22 (2) An analysis of causes for the suspension or 

23 removal of entities from participating in CTPAT as 

24 a result of security incidents during that 5-year pe25 riod. 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 794 IS

1 (3) An analysis of the number of active CTPAT 

2 participants involved in one or more security inci3 dents while maintaining their status as participants. 

4 (4) Recommendations to the Commissioner of 

5 U.S. Customs and Border Protection for improve6 ments to CTPAT to improve prevention of security 

7 incidents in the cargo supply chain involving partici8 pants in CTPAT. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB