Washington – / N2N / – Rep. William Owens [D-NY23] introduced H.R. 5619, which will allow many non-asset logistics companies to obtain Customs-Trade Partnership Against Terrorism (C-TPAT) Certification. The Safe Port Act, which was passed after the 911 terrorist attacks specifically included non-asset logistics providers involved in the international supply chain to be eligible for certification, but CBP has given these companies a thumbs down without offering an explanation. This bill will force CBP to allow certification for non-asset logistics providers such as 3PL’s (Third Party Logistics).

C-TPAT COMPILANT LOGO

Once the bill has been passed CBP will have 60 days to define the criteria for non-asset logistics providers.

There is certain to be a rush of logistics companies to become C-TPAT Certified after the passage of this bill. Logistics providers should strongly consider becoming C-TPAT Compliant immediately, because this will make certification a substantially easier and faster process once it is available.

Here’s the full bill:

111th CONGRESS, 2d Session, H. R. 5619

IN THE HOUSE OF REPRESENTATIVES

June 28, 2010

Mr. OWENS introduced the following bill; which was referred to the Committee on Homeland Security

A BILL

To amend the SAFE Port Act to provide for the eligibility of certain third party logistics providers for participation in the Customs-Trade Partnership Against Terrorism program.

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

SECTION 1. ELIGIBILITY OF CERTAIN THIRD PARTY LOGISTICS PROVIDERS FOR PARTICIPATION IN C-TPAT PROGRAM.

(a) In General- Section 212 of the SAFE Port Act (Public Law 109-347; 6 U.S.C. 962) is amended by inserting after ‘contract logistics providers,’ the following: ‘non-asset based third party logistics providers that arrange international transportation of freight, including motor carrier brokers of property licensed by the Department of Transportation,’.

(b) Effective Date-

(1) IN GENERAL- The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies with respect to applicants seeking to participate in the Customs-Trade Partnership Against Terrorism (‘C-TPAT’) program on or after the date on which the regulations published pursuant to paragraph (2) take effect.

(2) REGULATIONS- The Secretary of Homeland Security, acting through the Commissioner responsible for United States Customs and Border Protection of the Department of Homeland Security, shall publish in the Federal Register criteria for participation in C-TPAT program of non-asset based third party logistics providers described in section 212 of the SAFE Port Act, as added by subsection (a), not later than 60 days after the date of the enactment of this Act.

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