§ 968 — Third Party Validations

(a) The Secretary, acting through the Commissioner, shall develop a plan to implement a 1-year voluntary pilot program to test and assess the feasibility, costs, and benefits of using third party entities to conduct validations of C–TPAT participants. (b) Not later than 120 days after October 13, 2006, after consulting with private sector stakeholders, including the Commercial Operations Advisory Committee, the Secretary shall submit a report to the appropriate congressional committees on the plan described in subsection (a). (1) Not later than 1 year after the consultations described in subsection (b), the Secretary shall carry out the 1-year pilot program to conduct validations of C–TPAT participants using third party entities described in subsection (a). (2) The decision to validate a C–TPAT participant is solely within the discretion of the Secretary, or the Secretary’s designee. (d) The Secretary shall certify a third party entity to conduct validations under subsection (c) if the entity— (1) demonstrates to the satisfaction of the Secretary that the entity has the ability to perform validations in accordance with standard operating procedures and requirements designated by the Secretary; and (2) agrees— (A) to perform validations in accordance with such standard operating procedures and requirements (and updates to such procedures and requirements); and (B) to maintain liability insurance coverage at policy limits and in accordance with conditions to be established by the Secretary; and (3) signs an agreement to protect all proprietary information of C–TPAT participants with respect to which the entity will conduct validations. (e) A third party entity seeking a certificate under subsection (d) shall submit to the Secretary necessary information for establishing the limits of liability insurance required to be maintained by the entity under this Act. (f) The Secretary shall ensure that— (1) any third party entity certified under this section does not have— (A) any beneficial interest in or any direct or indirect control over the C–TPAT participant for which the validation services are performed; or (B) any other conflict of interest with respect to the C–TPAT participant; and (2) the C–TPAT participant has entered into a contract with the third party entity under which the C–TPAT participant agrees to pay all costs associated with the validation. (1) The Secretary shall regularly monitor and inspect the operations of a third party entity conducting validations under subsection (c) to ensure that the entity is meeting the minimum standard operating procedures and requirements for the validation of C–TPAT participants established by the Secretary and all other applicable requirements for validation services. (2) If the Secretary determines that a third party entity is not meeting the minimum standard operating procedures and requirements designated by the Secretary under subsection (d)(1), the Secretary shall— (A) revoke the entity’s certificate of conformance issued under subsection (d)(1); and (B) review any validations conducted by the entity. (h) The Secretary may only grant a C–TPAT validation by a third party entity pursuant to subsection (c) if the C–TPAT participant voluntarily submits to validation by such third party entity. (i) Not later than 30 days after the completion of the pilot program conducted pursuant to subsection (c), the Secretary shall submit a report to the appropriate congressional committees that contains— (1) the results of the pilot program, including the extent to which the pilot program ensured sufficient protection for proprietary commercial information; (2) the cost and efficiency associated with validations under the pilot program; (3) the impact of the pilot program on the rate of validations conducted under C–TPAT; (4) any impact on national security of the pilot program; and (5) any recommendations by the Secretary based upon the results of the pilot program.