IB 
Union Calendar No. 233 
115TH CONGRESS 
1ST SESSION H. R. 3551 
[Report No. 115–323] 
To amend the Security and Accountability for Every Port Act of 2006 
to reauthorize the Customs-Trade Partnership Against Terrorism Pro-
gram, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2017 
Ms. MCSALLY (for herself, Mr. REICHERT, Mr. MCCAUL, Mr. KING of New 
York, Mr. HURD, and Mr. GARRETT) introduced the following bill; which 
was referred to the Committee on Homeland Security 
SEPTEMBER 25, 2017 
Additional sponsor: Mr. RUTHERFORD 
SEPTEMBER 25, 2017 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 28, 2017] 
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A BILL 
To amend the Security and Accountability for Every Port 
Act of 2006 to reauthorize the Customs-Trade Partner-
ship Against Terrorism Program, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘C-TPAT Reauthoriza-
tion Act of 2017’’. 
SEC. 2. CUSTOMS-TRADE PARTNERSHIP AGAINST TER-
RORISM. 
(a) IN GENERAL.—Subtitle B of title II of the Security 
and Accountability for Every Port Act of 2006 (6 U.S.C. 
961 et seq.) is amended to read as follows: 
‘‘Subtitle B—Customs-Trade 
Partnership Against Terrorism 
‘‘SEC. 211. ESTABLISHMENT OF THE CUSTOMS-TRADE PART-
NERSHIP AGAINST TERRORISM PROGRAM. 
‘‘(a) IN GENERAL.—There is established within U.S. 
Customs and Border Protection a voluntary government- 
private sector partnership program to be known as the Cus-
toms-Trade Partnership Against Terrorism (C–TPAT). 
‘‘(b) PURPOSE.—The purposes of the C–TPAT pro-
gram are to— 
‘‘(1) strengthen and improve the overall security 
of the international supply chain and United States 
border security; 
‘‘(2) facilitate the movement of secure cargo 
through the international supply chain; 
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‘‘(3) ensure compliance with applicable law; and 
‘‘(4) serve as the Authorized Economic Operator 
program for the United States. 
‘‘(c) DIRECTOR.—There shall be at the head of the C– 
TPAT program a Director, who shall report to the Execu-
tive Assistant Commissioner of the Office of Field Oper-
ations (in this subtitle referred to as the ‘Executive Assist-
ant Commissioner’) of U.S. Customs and Border Protection. 
‘‘(d) DUTIES.—The Director of the C–TPAT program 
shall— 
‘‘(1) oversee the activities of the C–TPAT pro-
gram, including certification of C–TPAT partici-
pants; 
‘‘(2) evaluate and make revisions to security cri-
teria pursuant to subsections (c) and (d) of section 
213; 
‘‘(3) ensure that participants receive a tangible 
and measurable benefit for participation; and 
‘‘(4) carry out other duties and powers pre-
scribed by the Executive Assistant Commissioner. 
‘‘SEC. 212. ELIGIBLE ENTITIES AND NOTICE OF BENEFITS. 
‘‘(a) ELIGIBLE ENTITIES.—Importers, exporters, cus-
toms brokers, forwarders, air, sea, and land carriers, con-
tract logistics providers, and other entities in the inter-
national supply chain and intermodal transportation sys-
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‘‘SEC. 213. PARTICIPATION ELIGIBILITY. 
‘‘(a) IN GENERAL.—The Executive Assistant Commis-
sioner shall review all documentation submitted by an ap-
plicant pursuant to subsection (b)(2), conduct a background 
investigation of such applicant, and vet such applicant. 
‘‘(b) GENERAL REQUIREMENTS.—To be eligible for 
participation in the C–TPAT program, an entity shall, at 
a minimum— 
‘‘(1) have a designated company employee au-
thorized to bind such entity that is a direct company 
employee and will serve as the primary point of con-
tact responsible for participation of such entity in the 
C–TPAT program; 
‘‘(2) at the time of initial application and annu-
ally thereafter, including in advance of any recertifi-
cation or revalidation, submit an international sup-
ply chain security profile, which shall identify how 
such entity meets the minimum security criteria of 
the C–TPAT program established by the Commis-
sioner of U.S. Customs and Border Protection and 
how such entity will maintain and enhance internal 
policies, procedures, and practices related to inter-
national supply chain security; and 
‘‘(3) meet any specific requirements for eligible 
entities, as established by the Commissioner. 
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‘‘(c) MINIMUM SECURITY CRITERIA.—The Commis-
sioner of U.S. Customs and Border Protection shall estab-
lish minimum security criteria for participants in the C– 
TPAT program, review such minimum security criteria not 
less than once every two years, and update such minimum 
security criteria as necessary. Such minimum security cri-
teria shall seek to address security vulnerabilities in the 
international supply chain. 
‘‘(d) ADDITIONAL
AND
UPDATED
CRITERIA.—The 
Commissioner of U.S. Customs and Border Protection may 
establish additional and updated security criteria for indi-
vidual C–TPAT program participants, categories of C– 
TPAT program participants, or particular entity types to 
meet in order to address a security vulnerability in the 
international supply chain. 
‘‘(e) CONSULTATION.—When establishing or updating 
security criteria in accordance with subsection (c), and 
when establishing additional or updated security criteria 
in accordance subsection (d), the Commissioner of U.S. Cus-
toms and Border Protection shall consult with C–TPAT 
program participants and other interested parties, and 
shall— 
‘‘(1) conduct a cost benefit analysis of such pro-
posed new, additional, or updated security criteria in 
consultation with the Commercial Customs Oper-
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ations Advisory Committee established under section 
109 of the Trade Facilitation and Trade Enforcement 
Act of 2015 (Public Law 114–125; 19 U.S.C. 4316); 
‘‘(2) determine operational feasibility and, where 
appropriate, conduct a phased implementation of 
such proposed additional or updated security criteria; 
and 
‘‘(3) provide C–TPAT program participants and 
other interested parties a 90-day comment period to 
review and comment on such proposed additional or 
updated security criteria. 
‘‘(f) WAIVER.—The Commissioner of U.S. Customs 
and Border Protection may waive the requirements of sub-
section (e) if the Commissioner determines there is a signifi-
cant and imminent risk to the national security of the 
United States and such a waiver is necessary to protect 
such national security. Not later than 120 days after the 
issuance of any such waiver, the Commissioner shall an-
nounce on the U.S. Customs and Border Protection website 
and through other appropriate online publication the Com-
missioner’s intent to either withdraw such waiver or main-
tain such waiver while commencing efforts to establish min-
imum security criteria or establish additional or update ex-
isting security criteria in accordance with subsection (c) 
or (d), respectively. 
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‘‘SEC. 214. BENEFITS FOR C–TPAT PROGRAM PARTICIPANTS. 
‘‘(a) IN GENERAL.—The Executive Assistant Commis-
sioner shall extend certain benefits to each C–TPAT pro-
gram participant. Minimum benefits for each such partici-
pant shall include the following: 
‘‘(1) Assignment of a U.S. Customs and Border 
Protection Supply Chain Security Specialist. 
‘‘(2) Access to the C–TPAT program’s web-based 
Portal system and training materials. 
‘‘(3) A periodic and unclassified update on re-
gional and other relevant threats to the international 
supply chain. 
‘‘(b) PUBLIC AVAILABILITY.—The Executive Assistant 
Commissioner shall make publicly available on the C– 
TPAT portal an annual assessment of the tangible benefits 
being realized by C–TPAT program participants. 
‘‘(c) ANNUAL ASSESSMENT.—The Executive Assistant 
Commissioner shall conduct, on an annual basis, an assess-
ment of the benefits conferred to C-TPAT program partici-
pants. The Executive Assistant Commissioner shall deter-
mine a process to carry out such assessments, to include 
projected milestones and completion dates for addressing 
data reliability issues and, as necessary, correcting data 
weaknesses, so that U.S. Customs and Border Protection 
can produce accurate and reliable annual assessments that 
can be compared year-to-year. 
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‘‘SEC. 215. TIER 1 PARTICIPANTS. 
‘‘(a) CERTIFICATION.—The Executive Assistant Com-
missioner shall certify the security measures and inter-
national supply chain security practices of all applicants 
to and participants in the C–TPAT program in accordance 
with section 213(b)(2) and the guidelines referred to in sub-
section (c) of this section. Certified participants shall be 
Tier 1 participants. 
‘‘(b) BENEFITS FOR TIER 1 PARTICIPANTS.—Upon 
completion of the certification under subsection (a), a C– 
TPAT program participant shall be certified as a Tier 1 
participant. The Executive Assistant Commissioner shall 
extend limited benefits to a Tier 1 participant. 
‘‘(c) GUIDELINES.—Not later than 180 days after the 
date of the enactment of this subtitle, the Commissioner of 
U.S. Customs and Border Protection shall update the guide-
lines and criteria for certifying a C–TPAT program par-
ticipant’s security measures and supply chain security 
practices under this section. Such guidelines shall include 
a background investigation and review of appropriate docu-
mentation, as determined by the Commissioner. 
‘‘(d) TIMEFRAME.—To the extent practicable, the Exec-
utive Assistant Commissioner shall complete the Tier 1 cer-
tification process within 90 days of receipt of an applica-
tion for participation in the C–TPAT program. 
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‘‘SEC. 216. TIER 2 PARTICIPANTS. 
‘‘(a) VALIDATION.—The Executive Assistant Commis-
sioner shall validate the security measures and inter-
national supply chain security practices of a Tier 1 C– 
TPAT program participant in accordance with the guide-
lines referred to in subsection (c) to validate such partici-
pant as a Tier 2 participant. Such validation shall include 
on-site assessments at appropriate foreign and domestic lo-
cations utilized by such Tier 1 participant in its inter-
national supply chain. 
‘‘(b) BENEFITS FOR TIER 2 PARTICIPANTS.—The Ex-
ecutive Assistant Commissioner, shall extend benefits to 
each C–TPAT participant that has been validated as a Tier 
2 participant under this section. Such benefits may include 
the following: 
‘‘(1) Reduced scores in U.S. Customs and Border 
Protection’s Automated Targeting System. 
‘‘(2) Reduced number of security examinations 
by U.S. Customs and Border Protection. 
‘‘(3) Priority examinations of cargo. 
‘‘(4) Access to the Free and Secure Trade 
(FAST) Lanes at United States ports of entry. 
‘‘(5) Recognition as a trusted trade partner by 
foreign customs administrations that have signed Mu-
tual Recognition Arrangements with U.S. Customs 
and Border Protection. 
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‘‘(6) In the case of importers, eligibility to par-
ticipate in the Importer Self-Assessment Program 
(ISA) or successor compliance program. 
‘‘(c) GUIDELINES.—Not later than 180 days after the 
date of the enactment of this subtitle, the Commissioner 
shall develop a schedule and update the guidelines and cri-
teria for validating a C–TPAT participant’s security meas-
ures and supply chain security practices under this section. 
‘‘(d) TIMEFRAME.—To the extent practicable, the Exec-
utive Assistant Commissioner shall complete the Tier 2 vali-
dation process for a C–TPAT program participant under 
this section within one year after certification of such par-
ticipant as a Tier 1 participant. 
‘‘SEC. 217. TIER 3 PARTICIPANTS. 
‘‘(a) IN GENERAL.—The Commissioner shall establish 
a third tier of C–TPAT program participation that offers 
additional benefits to C–TPAT program participants that 
are importers or other entity types, in accordance with sec-
tion 212(b), that demonstrate a sustained commitment to 
maintaining security measures and international supply 
chain security practices that exceed the guidelines estab-
lished for validation as a Tier 2 participant in the C– 
TPAT program under section 216. 
‘‘(b) BEST PRACTICES.—The Executive Assistant Com-
missioner may designate a Tier 2 C–TPAT program partic-
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ipant as a Tier 3 participant based on a review of best 
practices in such participant’s international supply chain 
that reflect a continued approach to enhanced international 
supply chain security, including— 
‘‘(1) compliance with any additional or updated 
criteria established by the Commissioner of U.S. Cus-
toms and Border Protection under section 213(d) that 
exceed the guidelines established pursuant to section 
216 for validating a C–TPAT program participant 
as a Tier 2 participant; and 
‘‘(2) any other factors that the Executive Assist-
ant Commissioner determines appropriate. 
‘‘(c) BENEFITS FOR TIER 3 PARTICIPANTS.—The Ex-
ecutive Assistant Commissioner, in consultation with the 
Commercial Customs Operations Advisory Committee es-
tablished under section 109 of the Trade Facilitation and 
Trade Enforcement Act of 2015 (Public Law 114–125; 19 
U.S.C. 4316) and the National Maritime Security Advisory 
Committee established under section 70112 of title 46, 
United States Code, shall extend benefits to each C–TPAT 
program participant that has been validated as a Tier 3 
participant under this section, which may include the fol-
lowing: 
‘‘(1) Further reduction in the number of exami-
nations by U.S. Customs and Border Protection. 
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‘‘(2) Front of the line inspections and examina-
tions. 
‘‘(3) Exemption from Stratified Exams. 
‘‘(4) Shorter wait times at United States ports 
of entry. 
‘‘(5) Access to the Free and Secure Trade 
(FAST) Lanes at United States ports of entry. 
‘‘(6) Recognition as a trusted trade partner by 
foreign customs administrations that have signed Mu-
tual Recognition Arrangements with U.S. Customs 
and Border Protection. 
‘‘(7) In the case of importers, eligibility to par-
ticipate in the Importer Self-Assessment Program 
(ISA) or successor compliance program. 
‘‘SEC. 218. CONSEQUENCES FOR LACK OF COMPLIANCE. 
‘‘(a) IN GENERAL.—If at any time the Executive As-
sistant Commissioner determines that a C–TPAT program 
participant’s security measures or international supply 
chain security practices fail to meet applicable require-
ments under this subtitle, the Executive Assistant Commis-
sioner may deny such participant benefits otherwise made 
available pursuant to this subtitle, either in whole or in 
part. The Executive Assistant Commissioner shall develop 
procedures, in consultation with Commercial Customs Op-
erations Advisory Committee, established under section 109 
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of the Trade Facilitation and Trade Enforcement Act of 
2015 (Public Law 114–125; 19 U.S.C. 4316), that provide 
appropriate protections to C–TPAT program participants, 
including advance notice and an opportunity for such par-
ticipants to provide additional information to U.S. Cus-
toms and Border Protection regarding any such alleged fail-
ure, before any of such benefits are withheld. Such proce-
dures may not limit the ability of the Executive Assistant 
Commissioner to take actions to protect the national secu-
rity of the United States. 
‘‘(b) FALSE OR MISLEADING INFORMATION; LACK OF 
COMPLIANCE WITH LAW.—If a C–TPAT program partici-
pant knowingly provides false or misleading information 
to the Commissioner of U.S. Customs and Border Protec-
tion, the Executive Assistant Commissioner, or any other 
officers or officials of the United States Government, or if 
at any time the Executive Assistant Commissioner deter-
mines that a C–TPAT program participant has committed 
a serious violation of Federal law or customs regulations, 
or if a C–TPAT program participant has committed a 
criminal violation relating to the economic activity of such 
participant, the Executive Assistant Commissioner may 
suspend or expel such participant from the C–TPAT pro-
gram for an appropriate period of time. The Executive As-
sistant Commissioner, after the completion of the process 
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described in subsection (d), may publish in the Federal Reg-
ister a list of C–TPAT program participants that have been 
so suspended or expelled from the C–TPAT program pursu-
ant to this subsection. 
‘‘(c) NATIONAL SECURITY.—If at any time the Execu-
tive Assistant Commissioner determines that a C–TPAT 
program participant poses a significant and imminent risk 
to the national security of the United States or has com-
mitted a serious violation of Federal law or customs regula-
tions, or if a C–TPAT program participant has committed 
a criminal violation relating to the economic activity of 
such participant, the Executive Assistant Commissioner 
may suspend or expel such participant from the C–TPAT 
program for an appropriate period of time. The Executive 
Assistant Commissioner, after the completion of the process 
described in subsection (d), may publish in the Federal Reg-
ister a list of C–TPAT program participants that have been 
so suspended or expelled from the C–TPAT program pursu-
ant to this subsection. 
‘‘(d) RIGHT OF APPEAL.— 
‘‘(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection shall establish a proc-
ess for a C–TPAT program participant to appeal a 
decision of the Executive Assistant Commissioner 
under subsection (a). Such appeal shall be filed with 
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the Commissioner not later than 90 days after the 
date of such decision, and the Commissioner shall 
issue a determination not later than 90 days after 
such appeal is filed. 
‘‘(2) APPEALS OF OTHER DECISIONS.—The Com-
missioner of U.S. Customs and Border Protection 
shall establish a process for a C–TPAT program par-
ticipant to appeal a decision of the Executive Assist-
ant Commissioner under subsections (b) and (c). Such 
appeal shall be filed with the Commissioner not later 
than 30 days after the date of such decision, and the 
Commissioner shall issue a determination not later 
than 90 days after such appeal is filed. 
‘‘SEC. 219. VALIDATIONS BY OTHER DHS COMPONENTS. 
‘‘(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection may recognize regulatory in-
spections conducted by other components of the Department 
of Homeland Security of entities as sufficient to constitute 
validation for C–TPAT program participation in cases in 
which any such component’s inspection regime is har-
monized with validation criteria for the C-TPAT program. 
Such regulatory inspections shall not limit the ability of 
U.S. Customs and Border Protection to conduct a C–TPAT 
program validation. 
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‘‘(b) REVALIDATION.—Nothing in this section may 
limit the Commissioner of U.S. Customs and Border Protec-
tion’s ability to require a revalidation by U.S. Customs and 
Border Protection. 
‘‘(c) CERTIFICATION.—Nothing in this section may be 
construed to authorize certifications of C–TPAT applicants 
to be performed by any party other than U.S. Customs and 
Border Protection. 
‘‘SEC. 220. RECERTIFICATION AND REVALIDATION. 
‘‘(a) RECERTIFICATION.—The Commissioner of U.S. 
Customs and Border Protection shall implement a recertifi-
cation process for all C–TPAT program participants. Such 
process shall occur annually, and shall require— 
‘‘(1) a review of the security profile and sup-
porting documentation to ensure adherence to the 
minimum security criteria under section 213; and 
‘‘(2) background checks and vetting. 
‘‘(b) REVALIDATION.—The Commissioner of U.S. Cus-
toms and Border Protection shall implement a revalidation 
process for all Tier 2 and Tier 3 C–TPAT program partici-
pants. Such process shall require— 
‘‘(1) a framework based upon objective, risk 
based criteria for identifying participants for periodic 
revalidation at least once every four years following 
the initial validation of such participants; 
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‘‘(2) on-site assessments at appropriate foreign 
and domestic locations utilized by such a participant 
in its international supply chain; and 
‘‘(3) an annual plan for revalidation that in-
cludes— 
‘‘(A) performance measures; 
‘‘(B) an assessment of the personnel needed 
to perform such revalidations; and 
‘‘(C) the number of participants that will be 
revalidated during the following year. 
‘‘(c) REVALIDATION UNDER A MUTUAL RECOGNITION 
ARRANGEMENT.— 
‘‘(1) IN GENERAL.—Upon request from the Com-
missioner of U.S. Customs and Border Protection, all 
Tier 2 and Tier 3 C–TPAT program participants 
shall provide any revalidation report conducted by a 
foreign government under a Mutual Recognition Ar-
rangement. 
‘‘(2) RECOGNITION.—The Commissioner of U.S. 
Customs and Border Protection may recognize re-
validations of entities conducted by foreign govern-
ments under a Mutual Recognition Arrangement as 
sufficient to constitute a revalidation for C–TPAT 
program participation under subsection (b). 
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‘‘(3) NO LIMITATION.—Nothing in this subsection 
may be construed to limit the Commissioner of U.S. 
Customs and Border Protection’s ability to require a 
revalidation by U.S. Customs and Border Protection. 
‘‘(d) DESIGNATED COMPANY EMPLOYEES.—Only des-
ignated company employees of a C–TPAT program partici-
pant under section 213(b)(1) are authorized to respond to 
a revalidation report. Third-party entities are not author-
ized to respond to a revalidation report. 
‘‘SEC. 221. NONCONTAINERIZED CARGO AND THIRD PARTY 
LOGISTICS PROVIDERS. 
‘‘The Commissioner of U.S. Customs and Border Pro-
tection shall consider the potential for participation in the 
C–TPAT program by importers of noncontainerized cargoes 
and non-asset-based third party logistics providers that oth-
erwise meet the requirements under this subtitle. 
‘‘SEC. 222. PROGRAM MANAGEMENT. 
‘‘(a) IN GENERAL.—The Commissioner of U.S. Cus-
toms and Border Protection shall establish sufficient inter-
nal quality controls and record management, including rec-
ordkeeping (including maintenance of a record manage-
ment system in accordance with subsection (b)) and moni-
toring staff hours, to support the management systems of 
the C–TPAT program. In managing the C–TPAT program, 
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the Commissioner shall ensure that the C–TPAT program 
includes the following: 
‘‘(1) A 5-year plan to identify outcome-based 
goals and performance measures of the C–TPAT pro-
gram. 
‘‘(2) An annual plan for each fiscal year de-
signed to match available resources to the projected 
workload. 
‘‘(3) A standardized work program to be used by 
agency personnel to carry out the certifications, vali-
dations, recertifications, and revalidations of C– 
TPAT program participants. 
‘‘(4) In accordance with subsection (e), a stand-
ardized process for the Executive Assistant Commis-
sioner to receive reports of suspicious activity, includ-
ing reports regarding potentially compromised cargo 
or other border or national security concerns. 
‘‘(b) DOCUMENTATION OF REVIEWS.— 
‘‘(1) IN GENERAL.—The Commissioner of U.S. 
Customs and Border Protection shall maintain a 
record management system to document determina-
tions on the reviews of each C–TPAT program partic-
ipant, including certifications, validations, recertifi-
cations, and revalidations. 
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‘‘(2) STANDARDIZED
PROCEDURES.—To ensure 
accuracy and consistency within the record manage-
ment system required under this subsection, the Com-
missioner shall develop, disseminate, and require uti-
lization of standardized procedures for agency per-
sonnel carrying out certifications, validations, recer-
tifications, and revalidations to report and track in-
formation regarding the status of each C-TPAT pro-
gram participant. 
‘‘(c) CONFIDENTIAL INFORMATION SAFEGUARDS.—In 
consultation with the Commercial Customs Operations Ad-
visory Committee established under section 109 of the Trade 
Facilitation and Trade Enforcement Act of 2015 (Public 
Law 114–125; 19 U.S.C. 4316), the Commissioner of U.S. 
Customs and Border Protection shall develop and imple-
ment procedures to ensure the protection of confidential 
data collected, stored, or shared with government agencies 
or as part of the application, certification, validation, re-
certification, and revalidation processes. 
‘‘(d) RESOURCE MANAGEMENT STAFFING PLAN.—The 
Commissioner of U.S. Customs and Border Protection 
shall— 
‘‘(1) develop a staffing plan to recruit and train 
staff (including a formalized training program) to 
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21:41 Sep 25, 2017
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