Page:United States Statutes at Large Volume 121.djvu/390

 PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 369

dkrause on GSDDPC44 with PUBLAW

ensure, to the extent practicable, that the third parties include qualified small, minority, women-owned, or disadvantaged business concerns when appropriate. The term ‘disadvantaged business concern’ means a small business that is owned and controlled by socially and economically disadvantaged individuals, as defined in section 124 of title 13, United States Code of Federal Regulations. ‘‘(E) TREATMENT OF OTHER CERTIFICATIONS.—At the request of any entity seeking certification, any selected entity may consider, as appropriate, other relevant certifications acquired by the entity seeking certification. If the selected entity determines that such other certifications are sufficient to meet the certification requirement or aspects of the certification requirement under this section, the selected entity may give credit to the entity seeking certification, as appropriate, to avoid unnecessarily duplicative certification requirements. ‘‘(F) THIRD PARTIES.—To be accredited under subparagraph (C), a third party shall— ‘‘(i) demonstrate that the third party has the ability to certify private sector entities in accordance with the procedures and requirements developed under subparagraph (B); ‘‘(ii) agree to perform certifications in accordance with such procedures and requirements; ‘‘(iii) agree not to have any beneficial interest in or any direct or indirect control over— ‘‘(I) a private sector entity for which that third party conducts a certification under this subsection; or ‘‘(II) any organization that provides preparedness consulting services to private sector entities; ‘‘(iv) agree not to have any other conflict of interest with respect to any private sector entity for which that third party conducts a certification under this subsection; ‘‘(v) maintain liability insurance coverage at policy limits in accordance with the requirements developed under subparagraph (B); and ‘‘(vi) enter into an agreement with the selected entity accrediting that third party to protect any proprietary information of a private sector entity obtained under this subsection. ‘‘(G) MONITORING.— ‘‘(i) IN GENERAL.—The designated officer and any selected entity shall regularly monitor and inspect the operations of any third party conducting certifications under this subsection to ensure that the third party is complying with the procedures and requirements established under subparagraph (B) and all other applicable requirements. ‘‘(ii) REVOCATION.—If the designated officer or any selected entity determines that a third party is not meeting the procedures or requirements established under subparagraph (B), the selected entity shall— ‘‘(I) revoke the accreditation of that third party to conduct certifications under this subsection; and

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