Page:United States Statutes at Large Volume 120.djvu/1943

 120 STAT. 1912

(1) IN GENERAL.—A C–TPAT participant may appeal a decision of the Commissioner pursuant to subsection (a). Such appeal shall be filed with the Secretary not later than 90 days after the date of the decision, and the Secretary shall issue a determination not later than 180 days after the appeal is filed. (2) APPEALS OF OTHER DECISIONS.—A C–TPAT participant may appeal a decision of the Commissioner pursuant to subsection (b). Such appeal shall be filed with the Secretary not later than 30 days after the date of the decision, and the Secretary shall issue a determination not later than 180 days after the appeal is filed.

Deadlines.

6 USC 968.

Deadline. Reports.

Deadline.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

PUBLIC LAW 109–347—OCT. 13, 2006

SEC. 218. THIRD PARTY VALIDATIONS.

(a) PLAN.—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) CONSULTATIONS.—Not later than 120 days after the date of the enactment of this Act, 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). (c) PILOT PROGRAM.— (1) IN GENERAL.—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) AUTHORITY OF THE SECRETARY.—The decision to validate a C–TPAT participant is solely within the discretion of the Secretary, or the Secretary’s designee. (d) CERTIFICATION OF THIRD PARTY ENTITIES.—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) INFORMATION FOR ESTABLISHING LIMITS OF LIABILITY INSURANCE.—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) ADDITIONAL REQUIREMENTS.—The Secretary shall ensure that—

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