Title 6 — Domestic SecurityRelease 119-73

§966 Tier 3 participants in C–TPAT

Title 6 › Chapter CHAPTER 3— - SECURITY AND ACCOUNTABILITY FOR EVERY PORT › Subchapter SUBCHAPTER II— - SECURITY OF THE INTERNATIONAL SUPPLY CHAIN › Part Part B— - Customs–Trade Partnership Against Terrorism › § 966

Last updated Apr 6, 2026|Official source

Summary

The Secretary, through the Commissioner, must create a third Tier (Tier 3) in the C‑TPAT program. Tier 3 will give extra benefits to members who keep security and supply‑chain practices above the Tier 2 level. The Secretary will set the rules to qualify. Those rules may require stronger controls on who can access cargo, sending more cargo information before loading, using approved container security devices or technologies, and following any other cargo rules the Secretary sets. After consulting the Commercial Operations Advisory Committee and the National Maritime Security Advisory Committee, the Secretary will give benefits to validated Tier 3 participants. Benefits may include faster release of cargo at U.S. ports at any threat level, fewer inspections or priority when inspections occur, a lower risk score in the Automated Targeting System, and participation in joint incident exercises. The Secretary must set the Tier 3 criteria and start giving benefits no later than 2 years after October 13, 2006.

Full Legal Text

Title 6, §966

Domestic Security — Source: USLM XML via OLRC

(a)The Secretary, acting through the Commissioner, 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.

(b)The Secretary, acting through the Commissioner, 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 that exceed the guidelines established pursuant to section 965 of this title 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;

(3)utilization of container security devices, technologies, policies, or practices that meet standards and criteria established by the Secretary; and

(4)compliance with any other cargo requirements established by the Secretary.

(c)The Secretary, acting through the Commissioner, in consultation with the Commercial Operations Advisory Committee 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 during all threat levels designated by the Secretary;

(2)further reduction in examinations of cargo;

(3)priority for examinations of cargo; and

(4)further reduction in the risk score assigned pursuant to the Automated Targeting System; and

(5)inclusion in joint incident management exercises, as appropriate.

(d)Not later than 2 years after October 13, 2006, the Secretary, acting through the Commissioner, shall designate appropriate criteria pursuant to subsection (b) and provide benefits to validated Tier 3 participants pursuant to subsection (c).

Reference

Citations & Metadata

Citation

6 U.S.C. § 966

Title 6 — Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73