Public Law 110-53 ~ "Implementing the 9/11 Commission Recommendations Act of 2007"

On August 3rd, 2007, President George W. Bush signed into law (Public Law 110-53) the existing House of Representative's Bill ~ HR 1-"Implementing the 9/11 Commission Recommendations Act of 2007". Some overall highlights of the legislation include:

• Increases the amount of Homeland Security grant funding distributed based on risk
• Ensures that states receive $3.38 billion over 5 years to provide all hazards preparation and response assistance
• Authorizes interoperability grant program at DHS for $1.6 billion over 5 years
• Strengthens use of Incident Command System (ICS) and requires FEMA regional offices to work with state and local governments
• Improves intelligence and information sharing
• Strengthens efforts to prevent terrorist travel by working with international partners
• Ensures privacy and civil liberties
• Calls for improved tracking of dangerous cargo and requires all maritime cargo be scanned by 2012
• Requires 100% cargo screening carried by passenger aircraft and strengthens land transportation security
• Establishes a private sector voluntary certification program for preparedness

Specifically, Title IX of the legislation addresses private sector preparedness and defines important business continuity provisions to be carried out by the Department of Homeland Security (DHS). The combined results of these various requirements will be to establish an "Accreditation and Certification Program" for private sector preparedness that provides businesses and organizations with a clear roadmap for strengthening preparedness, response, recovery, and the ability to continue operations. In addition, Title IX also requires mutual cooperation between DHS and qualified private sector entities to by consensus develop appropriate "best practices" for risk identification, hazard mitigation and voluntary standards that address sector specific and small business concerns.

Some highlighted requirements of this accreditation and certification program stipulate that "not later than 210 days upon enactment the designated officer shall":

(A) begin supporting the development and updating, as necessary, of voluntary preparedness standards through appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards and voluntary consensus standards development organizations; and

(B) in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, each private sector advisory council created under section 102(f)(4), appropriate representatives of State and local governments, including emergency management officials, and appropriate private sector advisory groups, such as sector coordinating councils and information sharing and analysis centers--

(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 agreement under paragraph (3)(A), which shall accredit third parties to carry out the certification process under this section.

For a full and comprehensive look at Title IX of Public Law 110-53, and its direct effect on the private sector: Click here…

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