311 
(3) managing necessary emergency preparedness and response re-
sources; 
(4) developing mutual aid agreements; 
(5) developing and maintaining emergency preparedness and re-
sponse plans, and associated operational procedures; 
(6) developing and conducting training and exercises to support and 
evaluate emergency preparedness and response plans and operational 
procedures; 
(7) developing and conducting training programs for security guards 
to implement emergency preparedness and response plans and oper-
ations procedures; and 
(8) developing procedures to respond to requests for information 
from the media or the public. 
(b) ISSUANCE AND PROMOTION.—Any guidance or recommendations de-
veloped 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 rec-
ommendations or identifying best practices under subsection (a), the Admin-
istrator and the Assistant Secretary for Infrastructure Protection shall take 
into consideration small business concerns (under the meaning given that 
term in section 3 of the Small Business Act (15 U.S.C. 632)), including 
a need for separate guidance or recommendations or best practices, as nec-
essary and appropriate. 
(d) RULE OF CONSTRUCTION.—Nothing in this section may be construed 
to supersede a requirement established under any other provision of law. 
§ 11121. Voluntary private-sector preparedness accredita-
tion and certification program 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary, acting through the officer des-
ignated under paragraph (2), shall establish and implement the vol-
untary private-sector preparedness accreditation and certification pro-
gram under this section. 
(2) DESIGNATION OF OFFICER.—The Secretary shall designate an 
officer responsible for the accreditation and certification program under 
this section. The officer (in this section referred to as the ‘‘designated 
officer’’) shall be one of the following: 
(A) The Administrator, based on consideration of— 
(i) the expertise of the Administrator in emergency man-
agement and preparedness in the United States; and 
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(ii) the responsibilities of the Administrator as the prin-
cipal advisor to the President for all matters relating to emer-
gency management in the United States. 
(B) The Assistant Secretary for Infrastructure Protection, 
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 de-
scribed 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 designated officer shall coordi-
nate with— 
(A) the other officers of the Department referred to in para-
graph (2), using the expertise and responsibilities of the officers; 
and 
(B) the Special Assistant to the Secretary for the private sector, 
based on consideration of the expertise of the Special Assistant in, 
and responsibilities for, interacting with the private sector. 
(b) VOLUNTARY PRIVATE-SECTOR PREPAREDNESS STANDARDS; VOL-
UNTARY ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE 
SECTOR.— 
(1) ACCREDITATION AND CERTIFICATION PROGRAM.—The designated 
officer shall— 
(A) begin supporting the development and updating, as nec-
essary, of voluntary preparedness standards through appropriate 
organizations 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 organiza-
tions that coordinate or facilitate the development and use of vol-
untary consensus standards, appropriate voluntary consensus 
standards development organizations, each private-sector advisory 
council created under section 10321(4) of this title, appropriate 
representatives of State and local governments, including emer-
gency management officials, and appropriate private-sector advi-
sory groups, such as sector coordinating councils and information 
sharing and analysis centers— 
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(i) develop and promote a program to certify the prepared-
ness of private-sector entities that voluntarily choose to seek 
certification under the program; and 
(ii) implement the program under this subsection through 
an 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 sec-
tion. 
(2) PROGRAM ELEMENTS.— 
(A) IN GENERAL.— 
(i) The program developed and implemented under this 
subsection shall assess whether a private-sector entity com-
plies with voluntary preparedness standards. 
(ii) In developing the program under this subsection, the 
designated officer shall develop guidelines for the accredita-
tion and certification processes established under this sub-
section. 
(B) STANDARDS.—The designated officer, in consultation with 
representatives of appropriate organizations that coordinate or fa-
cilitate the development and use of voluntary consensus standards, 
representatives of appropriate voluntary consensus standards de-
velopment organizations, each private-sector advisory council cre-
ated under section 10321(4) of this title, appropriate representa-
tives of State and local governments, including emergency manage-
ment officials, and appropriate private-sector advisory groups such 
as sector coordinating councils and information sharing and anal-
ysis centers— 
(i) shall adopt one or more appropriate voluntary prepared-
ness standards that promote preparedness, which may be tai-
lored to address the unique nature of various sectors in 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 additional voluntary preparedness 
standards or modify or discontinue the use of voluntary pre-
paredness standards for the accreditation and certification 
program, as necessary and appropriate to promote prepared-
ness. 
(C) SUBMISSION OF RECOMMENDATIONS.—In adopting one or 
more standards under subparagraph (B), the designated officer 
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may receive recommendations from an entity described in that 
subparagraph relating to appropriate voluntary preparedness 
standards, including appropriate sector specific standards, for 
adoption in the program. 
(D) SMALL BUSINESS CONCERNS.—The designated officer and 
an entity with which the designated officer enters into an agree-
ment under paragraph (3)(A) shall establish separate classifica-
tions and methods of certification for small business concerns 
(under the meaning given that term in section 3 of the Small 
Business Act (15 U.S.C. 632)) for the program under this sub-
section. 
(E) CONSIDERATIONS.—In developing and implementing the 
program under this subsection, the designated officer shall— 
(i) consider the unique nature of various sectors in the pri-
vate sector, including preparedness standards, business con-
tinuity standards, or best practices, established— 
(I) under any other provision of Federal law; or 
(II) by a sector-specific agency, as defined under 
Homeland Security Presidential Directive–7; and 
(ii) coordinate the program, as appropriate, with— 
(I) other Department private-sector-related programs; 
and 
(II) preparedness and business continuity programs in 
other Federal agencies. 
(3) ACCREDITATION AND CERTIFICATION PROCESSES.— 
(A) AGREEMENT.— 
(i) The designated officer shall enter into one or more 
agreements with a highly qualified nongovernmental entity 
with experience or expertise in coordinating and facilitating 
the development and use of voluntary consensus standards 
and in managing or implementing accreditation and certifi-
cation programs for voluntary consensus standards, or a simi-
larly qualified private-sector entity, to carry out accreditations 
and oversee the certification process under this subsection. An 
entity entering into an agreement with the designated officer 
under this clause (in this section referred to as a ‘‘selected 
entity’’) shall not perform certifications under this subsection. 
(ii) A selected entity shall manage the accreditation process 
and oversee the certification process in accordance with the 
program established under this subsection and accredit quali-
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fied third parties to carry out the certification program estab-
lished under this subsection. 
(B) PROCEDURES
AND
REQUIREMENTS
FOR
ACCREDITATION 
AND CERTIFICATION.— 
(i) COLLABORATION.—A selected entity shall collaborate to 
develop procedures and requirements for the accreditation 
and certification processes under this subsection, in accord-
ance with the program established under this subsection and 
guidelines developed under paragraph (2)(A)(ii). 
(ii) REASONABLE UNIFORMITY; USE.—The procedures and 
requirements developed under clause (i) shall— 
(I) ensure reasonable uniformity in accreditation and 
certification processes if there is more than one selected 
entity; and 
(II) be used by a selected entity in conducting accredi-
tations and overseeing the certification process under 
this subsection. 
(iii) RESOLUTION
OF
DISAGREEMENT.—A disagreement 
among selected entities in developing procedures under clause 
(i) shall be resolved by the designated officer. 
(C) DESIGNATION.—A selected entity may accredit a qualified 
third party to carry out the certification process under this sub-
section. 
(D) DISADVANTAGED BUSINESS INVOLVEMENT.—In accrediting 
qualified third parties to carry out the certification process under 
this subsection, a selected entity shall ensure, to the extent prac-
ticable, that the third parties include qualified small, minority, 
women-owned, or disadvantaged business concerns when appro-
priate. 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, 
Code of Federal Regulations. 
(E) TREATMENT OF OTHER CERTIFICATIONS.—At the request 
of an entity seeking certification, a selected entity may consider, 
as appropriate, other relevant certifications acquired by the entity 
seeking certification. If the selected entity determines that the 
other certifications are sufficient to meet the certification require-
ment or aspects of the certification requirement under this section, 
the selected entity may give credit to the entity seeking certifi-
cation, as appropriate, to avoid unnecessarily duplicative certifi-
cation requirements. 
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appropriate voluntary consensus standards development organiza-
tions, appropriate representatives of State and local governments, 
including emergency management officials, and each private-sector 
advisory council created under section 10321(4) of this title, shall 
annually review the voluntary accreditation and certification pro-
gram established under this subsection to ensure the effectiveness 
of the program (including the operations and management of the 
program by a selected entity and the selected entity’s inclusion of 
qualified disadvantaged business concerns under paragraph 
(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 preparedness 
standard or standards used in the program under this subsection. 
(5) VOLUNTARY PARTICIPATION.—Certification under this subsection 
shall be voluntary for a private-sector entity. 
(6) PUBLIC LISTING.—The designated officer shall maintain and 
make public a listing of any private-sector entity certified as being in 
compliance with the program established under this subsection, if that 
private-sector entity consents to the listing. 
(c) RULE OF CONSTRUCTION.—Nothing in this section may be construed 
as— 
(1) a requirement to replace preparedness, emergency response, or 
business continuity standards, requirements, or best practices estab-
lished— 
(A) under any other provision of federal law; or 
(B) by a sector-specific agency, as those agencies are defined 
under Homeland Security Presidential Directive–7; or 
(2) exempting a private-sector entity seeking certification or meeting 
certification requirements under subsection (b) from compliance with 
all applicable statutes, regulations, directives, policies, and industry 
codes of practice. 
§ 11122. Acceptance of gifts 
(a) AUTHORITY.—The Secretary may accept and use gifts of property, 
both real and personal, and may accept gifts of services, including from 
guest lecturers, for otherwise authorized activities of the Center for Domes-
tic Preparedness that are related to efforts to prevent, prepare for, protect 
against, or respond to a natural disaster, act of terrorism, or other man- 
made disaster, including the use of a weapon of mass destruction. 
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(b) PROHIBITION.—The Secretary may not accept a gift under this sec-
tion if the Secretary determines that the use of the property or services 
would compromise 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 Committee on 
Homeland Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the Senate an an-
nual report disclosing— 
(A) gifts that were accepted under this section during the year 
covered by the report; 
(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 publicly available. 
§ 11123. Integrated public alert and warning system mod-
ernization 
(a) IN GENERAL.—To provide timely and effective warnings regarding 
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 warn-
ing 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 govern-
ments can alert and warn the civilian population in areas endangered 
by natural disasters, acts of terrorism, 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 ter-
rorism, and other man-made disasters or threats to public safety. 
(b) IMPLEMENTATION REQUIREMENTS.—In carrying out subsection (a), 
the Administrator shall— 
(1) establish or adopt, as appropriate, common alerting and warning 
protocols, standards, 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 distribution and content of communications on the basis of 
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geographic location, risks, and multiple communication systems and 
technologies, as appropriate and to the extent technically feasible; 
(3) include in the public alert and warning system the capability to 
alert, warn, and provide equivalent information to individuals with dis-
abilities, individuals with access and functional needs, and individuals 
with limited-English proficiency, to the extent technically feasible; 
(4) ensure that training, tests, and exercises are conducted for the 
public alert and warning system, including by— 
(A) incorporating the public alert and warning system into other 
training and exercise programs of the Department, as appropriate; 
(B) establishing and integrating into the National Incident 
Management System a comprehensive and periodic training pro-
gram to instruct and educate Federal, State, tribal, and local gov-
ernment officials in the use of the Common Alerting Protocol en-
abled Emergency Alert System; and 
(C) conducting, not less than once every 3 years, periodic na-
tionwide tests of the public alert and warning system; 
(5) to the extent practicable, ensure that the public alert and warn-
ing system is resilient and secure and can withstand acts of terrorism 
and other external attacks; 
(6) conduct public education efforts so that State, tribal, and local 
governments, private entities, and the people of the United States rea-
sonably understand the functions of the public alert and warning sys-
tem and how to access, use, and respond to information from the public 
alert and warning system through a general market awareness cam-
paign; 
(7) consult, coordinate, and cooperate with the appropriate private- 
sector entities and Federal, State, tribal, and local governmental au-
thorities, including the Regional Administrators and emergency re-
sponse providers; 
(8) consult and coordinate with the Federal Communications Com-
mission, taking into account rules and regulations promulgated by the 
Federal Communications Commission; and 
(9) coordinate with and consider the recommendations of the Inte-
grated Public Alert and Warning System Subcommittee established 
under section 2(b) of the Integrated Public Alert and Warning System 
Modernization Act of 2015 (Public Law 114–143, 130 Stat. 329). 
(c) SYSTEM REQUIREMENTS.—The public alert and warning system 
shall— 
(1) to the extent determined appropriate by the Administrator, incor-
porate multiple communications technologies; 
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(2) be designed to adapt to, and incorporate, future technologies for 
communicating directly with the public; 
(3) to the extent technically feasible, be designed— 
(A) to provide alerts to the largest portion of the affected popu-
lation feasible, including nonresident visitors and tourists, individ-
uals with disabilities, individuals with access and functional needs, 
and individuals with limited-English proficiency; and 
(B) to improve the ability of remote areas to receive alerts; 
(4) promote local and regional public and private partnerships to en-
hance community preparedness and response; 
(5) provide redundant alert mechanisms where practicable so as to 
reach the greatest number of people; and 
(6) to the extent feasible, include a mechanism to ensure the protec-
tion of individual privacy. 
(d) USE OF SYSTEM.—Except to the extent necessary for testing the pub-
lic alert and warning system, the public alert and warning system shall not 
be used to transmit a message that does not relate to a natural disaster, 
act of terrorism, or other man-made disaster or threat to public safety. 
(e) PERFORMANCE REPORTS.— 
(1) IN GENERAL.—Not later than April 11, 2017, and 2018, the Ad-
ministrator shall make available on the public website of the Agency 
a performance report, which shall— 
(A) establish performance goals for the implementation of the 
public alert and warning system by the Agency; 
(B) describe the performance of the public alert and warning 
system, including— 
(i) the type of technology used for alerts and warnings 
issued under the system; 
(ii) the measures taken to alert, warn, and provide equiva-
lent information to individuals with disabilities, individuals 
with access and functional needs, and individuals with lim-
ited-English proficiency; and 
(iii) the training, tests, and exercises performed and the 
outcomes obtained by the Agency; 
(C) identify significant challenges to the effective operation of 
the public alert and warning system and any plans to address the 
challenges; 
(D) identify other necessary improvements to the system; and 
(E) provide an analysis comparing the performance of the public 
alert and warning system with the performance goals established 
under subparagraph (A). 
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