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 logistics 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) 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) 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 
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(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) 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) terminate the pilot program not more than 5 years 

after that date. 

(d) 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) 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) Recommendations to the Commissioner of U.S. Customs 

and Border Protection for improvements to CTPAT to improve 
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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.