6 U.S.C. § 321l — Guidance and recommendations

Page 174 TITLE 6—DOMESTIC SECURITY § 321k the hiring of professional personnel within the Office of Intelligence and Analysis, who shall be analysts responsible for chemical, biologi- cal, radiological, and nuclear threat assess- ment (including but not limited to analysis of chemical, biological, radiological, and nuclear agents, the means by which such agents could be weaponized or used in a terrorist attack, and the capabilities, plans, and intentions of terrorists and other non-state actors who may have or acquire such agents). All such analysts shall meet the applicable standards and quali- fications for the performance of intelligence activities promulgated by the Director of Cen- tral Intelligence pursuant to section 403–4 1 of title 50. (2) Intelligence sharing infrastructure For the purpose of carrying out the acquisi- tion and deployment of secure facilities (in- cluding information technology and physical infrastructure, whether mobile and tem- porary, or permanent) sufficient to permit the Secretary to receive, not later than 180 days after July 21, 2004, all classified information and products to which the Under Secretary for Intelligence and Analysis is entitled under part A of subchapter II, there are authorized to be appropriated such sums as may be nec- essary for each of the fiscal years 2004 through 2006. (Pub. L. 107–296, title V, § 521, formerly § 510, as added Pub. L. 108–276, § 3(b)(2), July 21, 2004, 118 Stat. 852; renumbered § 521, Pub. L. 109–295, title VI, § 611(7), Oct. 4, 2006, 120 Stat. 1395; amended Pub. L. 109–417, title IV, § 403(c), Dec. 19, 2006, 120 Stat. 2874; Pub. L. 110–53, title V, § 531(b)(1)(D), Aug. 3, 2007, 121 Stat. 334.) Editorial Notes REFERENCES IN TEXT Section 247d–6b(c)(1)(B) of title 42, referred to in sub- sec. (a), was in the original ‘‘section 319F–2(c)(1)(B)’’, which was translated as meaning section 319F–2(c)(1)(B) of the Public Health Service Act, to reflect the prob- able intent of Congress. Section 403–4 of title 50, referred to in subsec. (d)(1), was repealed and a new section 403–4 enacted by Pub. L. 108–458, title I, § 1011(a), Dec. 17, 2004, 118 Stat. 3660, and subsequently editorially reclassified to section 3035 of Title 50, War and National Defense; as so enacted, sec- tion 3035 no longer relates to promulgation of standards and qualifications for the performance of intelligence activities. Part A of subchapter II of this chapter, referred to in subsec. (d)(2), was in the original ‘‘subtitle A of title II’’, meaning subtitle A of title II of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2145, which is classified generally to part A (§ 121 et seq.) of subchapter II of this chapter. For complete classification of part A to the Code, see Tables. CODIFICATION Section was formerly classified to section 320 of this title prior to renumbering by Pub. L. 109–295. AMENDMENTS 2007—Subsec. (d)(1). Pub. L. 110–53, § 531(b)(1)(D)(i), substituted ‘‘Office of Intelligence and Analysis’’ for ‘‘Directorate for Information Analysis and Infrastruc- ture Protection’’. Subsec. (d)(2). Pub. L. 110–53, § 531(b)(1)(D)(ii), sub- stituted ‘‘Under Secretary for Intelligence and Anal- ysis’’ for ‘‘Under Secretary for Information Analysis and Infrastructure Protection’’. 2006—Subsec. (a). Pub. L. 109–417, which directed amendment of section 510(a) of the Homeland Security Act of 2002, Pub. L. 107–296, by inserting a new last sen- tence, was executed to subsec. (a) of this section to re- flect the probable intent of Congress and the redesigna- tion of section 510(a) as 521(a) by Pub. L. 109–295, § 611(7). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. § 321k. Model standards and guidelines for crit- ical infrastructure workers (a) In general Not later than 12 months after August 3, 2007, and in coordination with appropriate national professional organizations, Federal, State, local, and tribal government agencies, and private-sec- tor and nongovernmental entities, the Adminis- trator shall establish model standards and guidelines for credentialing critical infrastruc- ture workers that may be used by a State to cre- dential critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other man-made disaster. (b) Distribution and assistance The Administrator shall provide the standards developed under subsection (a), including de- tailed written guidance, to State, local, and tribal governments, and provide expertise and technical assistance to aid such governments with credentialing critical infrastructure work- ers that may respond to a natural disaster, act of terrorism, or other manmade disaster. (Pub. L. 107–296, title V, § 522, as added Pub. L. 110–53, title IV, § 409(a), Aug. 3, 2007, 121 Stat. 305.) § 321l. Guidance and recommendations (a) In general Consistent with their responsibilities and au- thorities under law, as of the day before August 3, 2007, the Administrator and the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the private sector, may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in— (1) identifying potential hazards and assess- ing risks and impacts; (2) mitigating the impact of a wide variety of hazards, including weapons of mass destruc- tion; (3) managing necessary emergency prepared- ness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, and associ- ated operational procedures; 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—