6 U.S.C. § 321m — Voluntary private sector preparedness

Page 175 TITLE 6—DOMESTIC SECURITY § 321m 1 See Change of Name note below. (6) developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and oper- ational procedures; (7) developing and conducting training pro- grams for security guards to implement emer- gency preparedness and response plans and op- erations procedures; and (8) developing procedures to respond to re- quests for information from the media or the public. (b) Issuance and promotion Any guidance or recommendations developed or best practices identified under subsection (a) shall be— (1) issued through the Administrator; and (2) promoted by the Secretary to the private sector. (c) Small business concerns In developing guidance or recommendations or identifying best practices under subsection (a), the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency shall take into consideration small busi- ness concerns (under the meaning given that term in section 632 of title 15), including any need for separate guidance or recommendations or best practices, as necessary and appropriate. (d) Rule of construction Nothing in this section may be construed to supersede any requirement established under any other provision of law. (Pub. L. 107–296, title V, § 523, as added Pub. L. 110–53, title IX, § 901(a), Aug. 3, 2007, 121 Stat. 364; amended Pub. L. 115–278, § 2(g)(4)(C), Nov. 16, 2018, 132 Stat. 4178; Pub. L. 117–263, div. G, title LXXI, § 7143(c)(1), Dec. 23, 2022, 136 Stat. 3662.) Editorial Notes AMENDMENTS 2022—Subsecs. (a), (c). Pub. L. 117–263 substituted ‘‘Di- rector of the Cybersecurity and Infrastructure Security Agency’’ for ‘‘Director of Cybersecurity and Infrastruc- ture Security’’. 2018—Subsecs. (a), (c). Pub. L. 115–278 substituted ‘‘Di- rector of Cybersecurity and Infrastructure Security’’ for ‘‘Assistant Secretary for Infrastructure Protec- tion’’. Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117–263, set out in a note under sec- tion 650 of this title. § 321m. Voluntary private sector preparedness accreditation and certification program (a) Establishment (1) In general The Secretary, acting through the officer designated under paragraph (2), shall establish and implement the voluntary private sector preparedness accreditation and certification program in accordance with this section. (2) Designation of officer The Secretary shall designate an officer re- sponsible for the accreditation and certifi- cation program under this section. Such offi- cer (hereinafter referred to in this section as the ‘‘designated officer’’) shall be one of the following: (A) The Administrator, based on consider- ation of— (i) the expertise of the Administrator in emergency management and preparedness in the United States; and (ii) the responsibilities of the Adminis- trator as the principal advisor to the President for all matters relating to emer- gency management in the United States. (B) The Assistant Secretary for Infrastruc- ture Protection,1 based on consideration of the expertise of the Assistant Secretary in, and responsibilities for— (i) protection of critical infrastructure; (ii) risk assessment methodologies; and (iii) interacting with the private sector on the issues described in clauses (i) and (ii). (C) The Under Secretary for Science and Technology, based on consideration of the expertise of the Under Secretary in, and re- sponsibilities associated with, standards. (3) Coordination In carrying out the accreditation and certifi- cation program under this section, the des- ignated officer shall coordinate with— (A) the other officers of the Department referred to in paragraph (2), using the exper- tise and responsibilities of such officers; and (B) the Special Assistant to the Secretary for the Private Sector, based on consider- ation of the expertise of the Special Assist- ant in, and responsibilities for, interacting with the private sector. (b) Voluntary private sector preparedness stand- ards; voluntary accreditation and certifi- cation program for the private sector (1) Accreditation and certification program Not later than 210 days after August 3, 2007, the designated officer shall— (A) begin supporting the development and updating, as necessary, of voluntary pre- paredness standards through appropriate or- ganizations that coordinate or facilitate the development and use of voluntary consensus standards and voluntary consensus stand- ards development organizations; and (B) in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of vol- untary consensus standards, appropriate vol- untary consensus standards development or- ganizations, each private sector advisory council created under section 112(f)(4) of this title, appropriate representatives of State and local governments, including emergency management officials, and appropriate pri- vate sector advisory groups, such as sector coordinating councils and information shar- ing and analysis centers— Page 176 TITLE 6—DOMESTIC SECURITY § 321m (i) develop and promote a program to certify the preparedness of private sector entities that voluntarily choose to seek certification under the program; and (ii) implement the program under this subsection through any entity with which the designated officer enters into an agree- ment under paragraph (3)(A), which shall accredit third parties to carry out the cer- tification process under this section. (2) Program elements (A) In general (i) Program The program developed and implemented under this subsection shall assess whether a private sector entity complies with vol- untary preparedness standards. (ii) Guidelines In developing the program under this subsection, the designated officer shall de- velop guidelines for the accreditation and certification processes established under this subsection. (B) Standards The designated officer, in consultation with representatives of appropriate organi- zations that coordinate or facilitate the de- velopment and use of voluntary consensus standards, representatives of appropriate voluntary consensus standards development organizations, each private sector advisory council created under section 112(f)(4) of this title, appropriate representatives of State and local governments, including emergency management officials, and appropriate pri- vate sector advisory groups such as sector coordinating councils and information shar- ing and analysis centers— (i) shall adopt one or more appropriate voluntary preparedness standards that promote preparedness, which may be tai- lored to address the unique nature of var- ious sectors within the private sector, as necessary and appropriate, that shall be used in the accreditation and certification program under this subsection; and (ii) after the adoption of one or more standards under clause (i), may adopt addi- tional voluntary preparedness standards or modify or discontinue the use of voluntary preparedness standards for the accredita- tion and certification program, as nec- essary and appropriate to promote pre- paredness. (C) Submission of recommendations In adopting one or more standards under subparagraph (B), the designated officer may receive recommendations from any entity described in that subparagraph relating to appropriate voluntary preparedness stand- ards, including appropriate sector specific standards, for adoption in the program. (D) Small business concerns The designated officer and any entity with which the designated officer enters into an agreement under paragraph (3)(A) shall es- tablish separate classifications and methods of certification for small business concerns (under the meaning given that term in sec- tion 632 of title 15) for the program under this subsection. (E) Considerations In developing and implementing the pro- gram under this subsection, the designated officer shall— (i) consider the unique nature of various sectors within the private sector, includ- ing preparedness standards, business con- tinuity standards, or best practices, estab- lished— (I) under any other provision of Fed- eral law; or (II) by any Sector Risk Management Agency, as defined under Homeland Se- curity Presidential Directive–7; and (ii) coordinate the program, as appro- priate, with— (I) other Department private sector re- lated programs; and (II) preparedness and business con- tinuity programs in other Federal agen- cies. (3) Accreditation and certification processes (A) Agreement (i) In general Not later than 210 days after August 3, 2007, the designated officer shall enter into one or more agreements with a highly qualified nongovernmental entity with ex- perience or expertise in coordinating and facilitating the development and use of voluntary consensus standards and in managing or implementing accreditation and certification programs for voluntary consensus standards, or a similarly quali- fied private sector entity, to carry out ac- creditations and oversee the certification process under this subsection. An entity entering into an agreement with the des- ignated officer under this clause (herein- after referred to in this section as a ‘‘se- lected entity’’) shall not perform certifi- cations under this subsection. (ii) Contents A selected entity shall manage the ac- creditation process and oversee the certifi- cation process in accordance with the pro- gram established under this subsection and accredit qualified third parties to carry out the certification program established under this subsection. (B) Procedures and requirements for accredi- tation and certification (i) In general Any selected entity shall collaborate to develop procedures and requirements for the accreditation and certification proc- esses under this subsection, in accordance with the program established under this subsection and guidelines developed under paragraph (2)(A)(ii). (ii) Contents and use The procedures and requirements devel- oped under clause (i) shall— Page 177 TITLE 6—DOMESTIC SECURITY § 321m (I) ensure reasonable uniformity in any accreditation and certification processes if there is more than one selected entity; and (II) be used by any selected entity in conducting accreditations and over- seeing the certification process under this subsection. (iii) Disagreement Any disagreement among selected enti- ties in developing procedures under clause (i) shall be resolved by the designated offi- cer. (C) Designation A selected entity may accredit any quali- fied third party to carry out the certifi- cation process under this subsection. (D) Disadvantaged business involvement In accrediting qualified third parties to carry out the certification process under this subsection, a selected entity shall en- sure, to the extent practicable, that the third parties include qualified small, minor- ity, women-owned, or disadvantaged busi- ness 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 Regula- tions. (E) Treatment of other certifications At the request of any entity seeking cer- tification, 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 sec- tion, the selected entity may give credit to the entity seeking certification, as appro- priate, 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 enti- ties in accordance with the procedures and requirements developed under subpara- graph (B); (ii) agree to perform certifications in ac- cordance with such procedures and re- quirements; (iii) agree not to have any beneficial in- terest 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 pre- paredness consulting services to private sector entities; (iv) agree not to have any other conflict of interest with respect to any private sec- tor entity for which that third party con- ducts a certification under this subsection; (v) maintain liability insurance coverage at policy limits in accordance with the re- quirements developed under subparagraph (B); and (vi) enter into an agreement with the se- lected 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 con- ducting certifications under this sub- section to ensure that the third party is complying with the procedures and re- quirements established under subpara- graph (B) and all other applicable require- ments. (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 se- lected entity shall— (I) revoke the accreditation of that third party to conduct certifications under this subsection; and (II) review any certification conducted by that third party, as necessary and ap- propriate. (4) Annual review (A) In general The designated officer, in consultation with representatives of appropriate organi- zations that coordinate or facilitate the de- velopment and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, appro- priate representatives of State and local governments, including emergency manage- ment officials, and each private sector advi- sory council created under section 112(f)(4) of this title, shall annually review the vol- untary accreditation and certification pro- gram established under this subsection to ensure the effectiveness of such program (in- cluding the operations and management of such program by any selected entity and the selected entity’s inclusion of qualified dis- advantaged business concerns under para- graph (3)(D)) and make improvements and adjustments to the program as necessary and appropriate. (B) Review of standards Each review under subparagraph (A) shall include an assessment of the voluntary pre- paredness standard or standards used in the program under this subsection. (5) Voluntary participation Certification under this subsection shall be voluntary for any private sector entity. (6) Public listing The designated officer shall maintain and make public a listing of any private sector en- Page 178 TITLE 6—DOMESTIC SECURITY § 321n tity certified as being in compliance with the program established under this subsection, if that private sector entity consents to such listing. (c) Rule of construction Nothing in this section may be construed as— (1) a requirement to replace any prepared- ness, emergency response, or business con- tinuity standards, requirements, or best prac- tices established— (A) under any other provision of federal law; or (B) by any Sector Risk Management Agen- cy, as those agencies are defined under Homeland Security Presidential Directive–7; or (2) exempting any private sector entity seek- ing certification or meeting certification re- quirements under subsection (b) from compli- ance with all applicable statutes, regulations, directives, policies, and industry codes of prac- tice. (Pub. L. 107–296, title V, § 524, as added Pub. L. 110–53, title IX, § 901(a), Aug. 3, 2007, 121 Stat. 365; amended Pub. L. 116–283, div. H, title XC, § 9002(c)(2)(B), Jan. 1, 2021, 134 Stat. 4772.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(2)(E)(i)(II). Pub. L. 116–283, § 9002(c)(2)(B)(i), substituted ‘‘Sector Risk Management Agency’’ for ‘‘sector-specific agency’’. Subsec. (c)(1)(B). Pub. L. 116–283, § 9002(c)(2)(B)(ii), substituted ‘‘Sector Risk Management Agency’’ for ‘‘sector-specific agency’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Assistant Secretary for Infrastructure Protection deemed to be a reference to Assistant Direc- tor for Infrastructure Security, see section 654(a)(3) of this title. Assistant Secretary for Infrastructure Pro- tection serving on the day before Nov. 16, 2018, author- ized to continue to serve as Assistant Director for In- frastructure Security on and after such date, see sec- tion 2(b)(4) of Pub. L. 115–278, set out as a note under section 654 of this title. DEADLINE FOR DESIGNATION OF OFFICER Pub. L. 110–53, title IX, § 901(c), Aug. 3, 2007, 121 Stat. 371, provided that: ‘‘The Secretary of Homeland Secu- rity shall designate the officer as described in section 524 of the Homeland Security Act of 2002 [6 U.S.C. 321m], as added by subsection (a), by not later than 30 days after the date of the enactment of this Act [Aug. 3, 2007].’’ § 321n. Acceptance of gifts (a) Authority The Secretary may accept and use gifts of property, both real and personal, and may ac- cept gifts of services, including from guest lec- turers, for otherwise authorized activities of the Center for Domestic Preparedness that are re- lated to efforts to prevent, prepare for, protect against, or respond to a natural disaster, act of terrorism, or other man-made disaster, includ- ing the use of a weapon of mass destruction. (b) Prohibition The Secretary may not accept a gift under this section if the Secretary determines that the use of the property or services would com- promise the integrity or appearance of integrity of— (1) a program of the Department; or (2) an individual involved in a program of the Department. (c) Report (1) In general The Secretary shall submit to the Com- mittee on Homeland Security of the House of Representatives and the Committee on Home- land Security and Governmental Affairs of the Senate an annual report disclosing— (A) any gifts that were accepted under this section during the year covered by the re- port; (B) how the gifts contribute to the mission of the Center for Domestic Preparedness; and (C) the amount of Federal savings that were generated from the acceptance of the gifts. (2) Publication Each report required under paragraph (1) shall be made publically available. (Pub. L. 107–296, title V, § 525, as added Pub. L. 111–245, § 2(a)(1), Sept. 30, 2010, 124 Stat. 2620.) § 321o. Integrated public alert and warning sys- tem modernization (a) In general To provide timely and effective warnings re- garding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety, the Administrator shall— (1) modernize the integrated public alert and warning system of the United States (in this section referred to as the ‘‘public alert and warning system’’) to help ensure that under all conditions the President and, except to the extent the public alert and warning system is in use by the President, Federal agencies and State, tribal, and local governments can alert and warn the civilian population in areas en- dangered by natural disasters, acts of ter- rorism, and other man-made disasters or threats to public safety; and (2) implement the public alert and warning system to disseminate timely and effective warnings regarding natural disasters, acts of terrorism, and other man-made disasters or threats to public safety. (b) Implementation requirements In carrying out subsection (a), the Adminis- trator shall— (1) establish or adopt, as appropriate, com- mon alerting and warning protocols, stand- ards, terminology, and operating procedures for the public alert and warning system; (2) include in the public alert and warning system the capability to adapt the distribu- tion and content of communications on the basis of geographic location, risks, and mul- tiple communication systems and tech- nologies, as appropriate and to the extent technically feasible; (3) include in the public alert and warning system the capability to alert, warn, and pro-