---
kind: "section"
citation: "6 U.S.C. § 966"
title: "6"
title_heading: "Domestic Security"
number: "966"
heading: "Tier 3 participants in C–TPAT"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/966"
units:
  - "Chapter 3 — Security and Accountability for Every Port"
  - "Subchapter II — Security of the International Supply Chain"
  - "Part B — Customs–Trade Partnership Against Terrorism"
---

# §966. Tier 3 participants in C–TPAT

- (a) **In general—** The [Secretary](/usc/6/901.md?p=15), acting through the [Commissioner](/usc/6/901.md?p=4), shall establish a third tier of C–TPAT participation that offers additional benefits to participants who demonstrate a sustained commitment to maintaining security measures and supply chain security practices that exceed the guidelines established for validation as a Tier 2 participant in C–TPAT under [section 965 of this title](/usc/6/965.md).
- (b) **Criteria—** The [Secretary](/usc/6/901.md?p=15), acting through the [Commissioner](/usc/6/901.md?p=4), shall designate criteria for validating a C–TPAT participant as a Tier 3 participant under this section. Such criteria may include—
  - (1) compliance with any additional guidelines established by the [Secretary](/usc/6/901.md?p=15) that exceed the guidelines established pursuant to [section 965 of this title](/usc/6/965.md) for validating a C–TPAT participant as a Tier 2 participant, particularly with respect to controls over access to cargo throughout the supply chain;
  - (2) submission of additional information regarding cargo prior to loading, as determined by the [Secretary](/usc/6/901.md?p=15);
  - (3) utilization of [container security devices](/usc/6/901.md?p=6), technologies, policies, or practices that meet standards and criteria established by the [Secretary](/usc/6/901.md?p=15); and
  - (4) compliance with any other cargo requirements established by the [Secretary](/usc/6/901.md?p=15).
- (c) **Benefits—** The [Secretary](/usc/6/901.md?p=15), acting through the [Commissioner](/usc/6/901.md?p=4), in consultation with the [Commercial Operations Advisory Committee](/usc/6/901.md?p=2) and the National Maritime Security Advisory Committee, shall extend benefits to each C–TPAT participant that has been validated as a Tier 3 participant under this section, which may include—
  - (1) the expedited release of a Tier 3 participant’s cargo in destination ports within the [United States](/usc/6/101.md?p=19-A) during all threat levels designated by the [Secretary](/usc/6/901.md?p=15);
  - (2) further reduction in [examinations](/usc/6/901.md?p=8) of cargo;
  - (3) priority for [examinations](/usc/6/901.md?p=8) of cargo; and
  - (4) further reduction in the risk score assigned pursuant to the Automated Targeting System; and
  - (5) inclusion in joint [incident](/usc/6/677a.md?p=6) management exercises, as appropriate.
- (d) **Deadline—** Not later than 2 years after October 13, 2006, the [Secretary](/usc/6/901.md?p=15), acting through the [Commissioner](/usc/6/901.md?p=4), shall designate appropriate criteria pursuant to [subsection (b)](#b) and provide benefits to validated Tier 3 participants pursuant to [subsection (c)](#c).

## Source credit

(Pub. L. 109–347, title II, § 216, Oct. 13, 2006, 120 Stat. 1910.)