Sec. 216. TIER 3 PARTICIPANTS IN C-TPAT
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## SEC. 216 TIER 3 PARTICIPANTS IN C-TPAT **[**[6 U.S.C. 966](/us/usc/t6/s966)**]** ###
(a)In general 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 215. ###
(b)Criteria 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 215 of this Act 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)Benefits 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)Deadline Not later than 2 years after the date of the enactment of this Act, 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).
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Sec. 216
TIER 3 PARTICIPANTS IN C-TPAT
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