S. 2322 — what changed

Customs Trade Partnership Against Terrorism Pilot Program Act of 2021

From Reported in Senate to Engrossed in Senate. 2 sections amended and 2 added between Reported in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “Customs-Trade “Customs Trade Partnership Against Terrorism Pilot Program Act of 2021” or the “CTPAT Pilot Program Act of 2021”.

Sec. 2 Definitions

added In this Act:

(a)

removed In general— Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall issue a final rule to carry out a pilot program to assess whether allowing entities described in subsection (b) to participate in the Customs-Trade Partnership Against Terrorism under subtitle B of title I of the SAFE Port Act (6 U.S.C. 961 et seq.) would enhance port security, combat terrorism, prevent supply chain security breaches, or otherwise meet the goals of the Customs-Trade Partnership Against Terrorism.

(1)

changed Entities described—Appropriate congressional committees— An entity described in this subsection is a non-asset-based third-party logistics provider that—The term appropriate congressional committees means—

(A)

changed arranges international transportation of freight the Committee on Homeland Security and is licensed by Governmental Affairs and the Department Committee on Finance of Transportation; the Senate; and

(B)

changed meets such other requirements as the Secretary establishes in Committee on Homeland Security and the rule required by subsection (a).Committee on Ways and Means of the House of Representatives.

(2)

changed Requirements—CTPAT— In carrying out The term CTPAT means the pilot program required by subsection (a), Customs Trade Partnership Against Terrorism established under subtitle B of title II of the Secretary shall—Security and Accountability for Every Port Act (6 U.S.C. 961 et seq.).

(1)

removed ensure that not more than 10 entities described in subsection (b) participate in the pilot program;

(2)

removed provide for the participation of those entities on a voluntary basis;

(3)

removed continue the program for a period of not less than one year after the date on which the Secretary issues the final rule required by subsection (a); and

(4)

removed terminate the pilot program not more than 5 years after that date.

(d)

removed Report required— Not later than 180 days after the termination of the pilot program under subsection (c)(4), the Secretary shall submit to Congress a report on the findings of, and any recommendations arising from, the pilot program concerning the participation in the Customs-Trade Partnership Against Terrorism of entities described in subsection (b).

Sec. 3 Pilot program on participation of third-party logistics providers in CTPAT

added

(a)

added Establishment—

(1)

added 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)

added 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)

added Entities described— An entity described in this subsection is—

(1)

added a non-asset-based third-party logistics provider that—

(A)

added arranges international transportation of freight and is licensed by the Department of Transportation; and

(B)

added meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2); or

(2)

added an asset-based third-party logistics provider that—

(A)

added 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)

added manages and executes logistics services using its own warehousing assets and resources on behalf of its customers; and

(C)

added meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2).

(c)

added Requirements— In carrying out the pilot program required by subsection (a)(1), the Secretary shall—

(1)

added ensure that—

(A)

added not more than 10 entities described in paragraph (1) of subsection (b) participate in the pilot program; and

(B)

added not more than 10 entities described in paragraph (2) of that subsection participate in the program;

(2)

added provide for the participation of those entities on a voluntary basis;

(3)

added 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)

added terminate the pilot program not more than 5 years after that date.

(d)

added 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

added

(a)

added 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)

added Elements— The report required by subsection (a) shall include the following:

(1)

added An analysis of—

(A)

added 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)

added whether those incidents involved participants in CTPAT or entities not participating in CTPAT.

(2)

added 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)

added An analysis of the number of active CTPAT participants involved in one or more security incidents while maintaining their status as participants.

(4)

added Recommendations to the Commissioner of U.S. Customs and Border Protection for improvements to CTPAT to improve prevention of security incidents in the cargo supply chain involving participants in CTPAT.