I 

108TH CONGRESS 

2D SESSION H. R. 4830

To amend the Homeland Security Act of 2002 to direct the Secretary of 

Homeland Security to develop and implement a program to enhance 

private sector preparedness for emergencies and disasters. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2004

Mr. TURNER of Texas (for himself, Mr. THOMPSON of Mississippi, Mr. DICKS, 

Ms. NORTON, Ms. JACKSON-LEE of Texas, Mr. ETHERIDGE, and Mr. 

LANGEVIN) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL

To amend the Homeland Security Act of 2002 to direct 

the Secretary of Homeland Security to develop and implement a program to enhance private sector preparedness for emergencies and disasters.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Private Sector Pre5 paredness Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) Private sector organizations own 85 percent 

2 of the Nation’s infrastructure facilities and employ 

3 the vast majority of the Nation’s employees. The re4 sources of these organizations, including property 

5 and personnel, can be coordinated in an emergency 

6 situation more efficiently than the population in gen7 eral. 

8 (2) Private sector organizations are often un9 prepared for emergencies, whether resulting from a 

10 natural disaster or a terrorist incident. Although 

11 there have been exemplary efforts by select private 

12 sector organizations, emergency preparedness is not 

13 generally a priority for these organizations. 

14 (3) The hearings of and testimony before the 

15 National Commission on Terrorist Attacks Upon the 

16 United States demonstrated that the lack of emer17 gency preparedness and evacuation planning, train18 ing, and exercises by private sector organizations 

19 may have contributed to additional casualties at the 

20 World Trade Center on September 11, 2001. 

21 (4) Although there may be an interest in pro22 moting emergency preparedness within private sector 

23 organizations, there remains uncertainty and confu24 sion as to the definition of appropriate and adequate 
3

•HR 4830 IH 

1 preparedness and what actions these organizations 

2 should take. 

3 (5) Identifying standards and best practices is 

4 necessary to promote emergency preparedness by 

5 private sector organizations, in addition to edu6 cational activities to effectively communicate such 

7 standards and best practices. 

8 SEC. 3. PRIVATE SECTOR EMERGENCY PREPAREDNESS 

9 PROGRAM. 

10 (a) ESTABLISHMENT OF PREPAREDNESS PRO11 GRAM.—Title V of the Homeland Security Act of 2002 

12 (6 U.S.C. 311 et seq.) is amended by adding at the end 

13 the following: 

14 ‘‘SEC. 510. PRIVATE SECTOR EMERGENCY PREPAREDNESS 

15 PROGRAM. 

16 ‘‘(a) PREPAREDNESS PROGRAM.—Not later than 90 

17 days after the date of enactment of this section, the Sec18 retary shall develop and implement a program to enhance 

19 private sector preparedness for emergencies and disasters, 

20 including emergencies resulting from acts of terrorism. 

21 ‘‘(b) PROGRAM ELEMENTS.—In carrying out the pro22 gram, the Secretary shall develop guidance and identify 

23 best practices to assist or foster action by the private sec24 tor in—
4

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1 ‘‘(1) identifying hazards and assessing risks 

2 and impacts; 

3 ‘‘(2) mitigating the impacts of a wide variety of 

4 hazards, including weapons of mass destruction; 

5 ‘‘(3) managing necessary emergency prepared6 ness and response resources; 

7 ‘‘(4) developing mutual aid agreements; 

8 ‘‘(5) developing and maintaining emergency 

9 preparedness and response plans, as well as associ10 ated operational procedures; 

11 ‘‘(6) developing and maintaining communica12 tions and warning systems; 

13 ‘‘(7) developing and conducting training and ex14 ercises to support and evaluate emergency prepared15 ness and response plans and operational procedures; 

16 ‘‘(8) developing and conducting training pro17 grams for security guards to implement emergency 

18 preparedness and response plans and operations pro19 cedures; and 

20 ‘‘(9) developing procedures to respond to exter21 nal requests for information from the media and the 

22 public. 

23 ‘‘(c) STANDARDS.—

24 ‘‘(1) IN GENERAL.—The Secretary shall sup25 port the development of, promulgate, and regularly 
5

•HR 4830 IH 

1 update as necessary national voluntary consensus 

2 standards for private sector emergency preparedness 

3 that will enable private sector organizations to 

4 achieve optimal levels of emergency preparedness as 

5 soon as practicable. Such standards include the Na6 tional Fire Protection Association 1600 Standard on 

7 Disaster/Emergency Management and Business Con8 tinuity Programs. 

9 ‘‘(2) CONSULTATION.—The Secretary shall 

10 carry out paragraph (1) in consultation with the 

11 Under Secretary for Emergency Preparedness and 

12 Response, the Under Secretary for Science and 

13 Technology, the Under Secretary for Information 

14 Analysis and Infrastructure Protection, and the Spe15 cial Assistant to the Secretary for the Private Sec16 tor. 

17 ‘‘(d) COORDINATION.—The Secretary shall coordi18 nate the program with, and utilize to the maximum extent 

19 practicable—

20 ‘‘(1) the voluntary standards for disaster and 

21 emergency management and business continuity pro22 grams developed by the American National Stand23 ards Institute and the National Fire Protection As24 sociation; and 
6

•HR 4830 IH 

1 ‘‘(2) any existing private sector emergency pre2 paredness guidance or best practices developed by 

3 private sector industry associations or other organi4 zations.’’. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents contained in section 1(b) of such Act (116 Stat. 

7 2135) is amended by inserting after the item relating to 

8 section 509 the following:

‘‘Sec. 510. Private sector emergency preparedness program.’’.

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2 

•HR 4830 IH 

1 (1) Private sector organizations own 85 percent 

2 of the Nation’s infrastructure facilities and employ 

3 the vast majority of the Nation’s employees. The re4 sources of these organizations, including property 

5 and personnel, can be coordinated in an emergency 

6 situation more efficiently than the population in gen7 eral. 

8 (2) Private sector organizations are often un9 prepared for emergencies, whether resulting from a 

10 natural disaster or a terrorist incident. Although 

11 there have been exemplary efforts by select private 

12 sector organizations, emergency preparedness is not 

13 generally a priority for these organizations. 

14 (3) The hearings of and testimony before the 

15 National Commission on Terrorist Attacks Upon the 

16 United States demonstrated that the lack of emer17 gency preparedness and evacuation planning, train18 ing, and exercises by private sector organizations 

19 may have contributed to additional casualties at the 

20 World Trade Center on September 11, 2001. 

21 (4) Although there may be an interest in pro22 moting emergency preparedness within private sector 

23 organizations, there remains uncertainty and confu24 sion as to the definition of appropriate and adequate 
3 

•HR 4830 IH 

1 preparedness and what actions these organizations 

2 should take. 

3 (5) Identifying standards and best practices is 

4 necessary to promote emergency preparedness by 

5 private sector organizations, in addition to edu6 cational activities to effectively communicate such 

7 standards and best practices. 

8 SEC. 3. PRIVATE SECTOR EMERGENCY PREPAREDNESS 

9 PROGRAM. 

10 (a) ESTABLISHMENT OF PREPAREDNESS PRO11 GRAM.—Title V of the Homeland Security Act of 2002 

12 (6 U.S.C. 311 et seq.) is amended by adding at the end 

13 the following: 

14 ‘‘SEC. 510. PRIVATE SECTOR EMERGENCY PREPAREDNESS 

15 PROGRAM. 

16 ‘‘(a) PREPAREDNESS PROGRAM.—Not later than 90 

17 days after the date of enactment of this section, the Sec18 retary shall develop and implement a program to enhance 

19 private sector preparedness for emergencies and disasters, 

20 including emergencies resulting from acts of terrorism. 

21 ‘‘(b) PROGRAM ELEMENTS.—In carrying out the pro22 gram, the Secretary shall develop guidance and identify 

23 best practices to assist or foster action by the private sec24 tor in— 
4 

•HR 4830 IH 

1 ‘‘(1) identifying hazards and assessing risks 

2 and impacts; 

3 ‘‘(2) mitigating the impacts of a wide variety of 

4 hazards, including weapons of mass destruction; 

5 ‘‘(3) managing necessary emergency prepared6 ness and response resources; 

7 ‘‘(4) developing mutual aid agreements; 

8 ‘‘(5) developing and maintaining emergency 

9 preparedness and response plans, as well as associ10 ated operational procedures; 

11 ‘‘(6) developing and maintaining communica12 tions and warning systems; 

13 ‘‘(7) developing and conducting training and ex14 ercises to support and evaluate emergency prepared15 ness and response plans and operational procedures; 

16 ‘‘(8) developing and conducting training pro17 grams for security guards to implement emergency 

18 preparedness and response plans and operations pro19 cedures; and 

20 ‘‘(9) developing procedures to respond to exter21 nal requests for information from the media and the 

22 public. 

23 ‘‘(c) STANDARDS.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall sup25 port the development of, promulgate, and regularly 
5 

•HR 4830 IH 

1 update as necessary national voluntary consensus 

2 standards for private sector emergency preparedness 

3 that will enable private sector organizations to 

4 achieve optimal levels of emergency preparedness as 

5 soon as practicable. Such standards include the Na6 tional Fire Protection Association 1600 Standard on 

7 Disaster/Emergency Management and Business Con8 tinuity Programs. 

9 ‘‘(2) CONSULTATION.—The Secretary shall 

10 carry out paragraph (1) in consultation with the 

11 Under Secretary for Emergency Preparedness and 

12 Response, the Under Secretary for Science and 

13 Technology, the Under Secretary for Information 

14 Analysis and Infrastructure Protection, and the Spe15 cial Assistant to the Secretary for the Private Sec16 tor. 

17 ‘‘(d) COORDINATION.—The Secretary shall coordi18 nate the program with, and utilize to the maximum extent 

19 practicablel 

20 ‘‘(1) the voluntary standards for disaster and 

21 emergency management and business continuity pro22 grams developed by the American National Stand23 ards Institute and the National Fire Protection As24 sociation; and 
6 

•HR 4830 IH 

1 ‘‘(2) any existing private sector emergency pre2 paredness guidance or best practices developed by 

3 private sector industry associations or other organi4 zations.’’. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents contained in section 1(b) of such Act (116 Stat. 

7 2135) is amended by inserting after the item relating to 

8 section 509 the following: 

‘‘Sec. 510. Private sector emergency preparedness program.’’. 

Æ