House Passes C-TPAT Reauthorization Act, Sending Bill to Senate
House lawmakers used a fast-track procedural action to pass legislation reauthorizing the Customs-Trade Partnership Against Terrorism. The bill, which lawmakers had deemed uncontroversial enough to spare from the longer regular vote process, now moves to the Senate for consideration. The C-TPAT Reauthorization Act would authorize CBP to establish additional and updated security criteria, direct CBP to consider extending C-TPAT benefits to importers of non-containerized cargo and “non-asset-based” third-party logistics providers, and require an annual assessment of tangible benefits being realized by program participants (see 1710230036).
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H.R. 3551 contains provisions falling within the jurisdiction of the House Ways and Means Committee, and committee Chairman Kevin Brady, R-Texas, in a letter to House Homeland Security Committee Chairman Michael McCaul, R-Texas, sought assurances that members of Brady’s panel could confer with McCaul’s committee about the bill if they request. McCaul in a return letter said Ways and Means is not waiving jurisdiction over “subject matter contained in this bill or similar legislation in the future,” and that he would support any Brady request for a conference on provisions in Ways and Means’ jurisdiction, according to the Oct. 23 edition of the Congressional Record.
Rep. Nanette Barragan, D-Calif., on the House floor Oct. 23, noted the legislation includes language proposed by her to establish a standard for how C-TPAT partners report suspicious activity instead of the “patchwork system that exists now.” Furthermore, “the majority agreed to include Democratic language supported by the Border Trade Alliance and other stakeholders that urges CBP not to publish suspended C-TPAT participants, as is the current practice, until appeals and complete due process is carried out,” Barragan said. “We found some cases where companies were reinstated in the appeals process, but since they were tagged as a suspended company by CBP in the Federal Register, their business suffered. This language would prevent that from reoccurring.” The Senate Homeland Security and Finance committees, and the office of Senate Majority Leader Mitch McConnell, R-Ky., didn’t comment.