Page:United States Statutes at Large Volume 120.djvu/1942

 PUBLIC LAW 109–347—OCT. 13, 2006

120 STAT. 1911

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). SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.

6 USC 967.

(a) IN GENERAL.—If at any time a C–TPAT participant’s security measures and supply chain security practices fail to meet any of the requirements under this subtitle, the Commissioner may deny the participant benefits otherwise available under this subtitle, in whole or in part. The Commissioner shall develop procedures that provide appropriate protections to C–TPAT participants before benefits are revoked. Such procedures may not limit the ability of the Commissioner to take actions to protect the national security of the United States. (b) FALSE OR MISLEADING INFORMATION.—If a C–TPAT participant knowingly provides false or misleading information to the Commissioner during the validation process provided for under this subtitle, the Commissioner shall suspend or expel the participant from C–TPAT for an appropriate period of time. The Commissioner, after the completion of the process under subsection (c), may publish in the Federal Register a list of participants who have been suspended or expelled from C–TPAT pursuant to this subsection, and may make such list available to C–TPAT participants. (c) RIGHT OF APPEAL.—

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