DHS and FEMA Conduct 2nd Public Meeting on PS-Prep
On Monday February 23, the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA) conducted its second public meeting on its Private Sector Preparedness Program (PS-Prep).
The goal was to obtain additional comments from industry experts and the general public on DHS’s response to private sector certification requirements as stated in Title IX of Public Law 110-53, also known as Implementing Recommendations of the 9/11 Commission Act of 2007. The meeting was held at American Red Cross offices in Washington, DC.
Approximately 80 people attended the meeting. After opening remarks from a panel of DHS and FEMA leaders, about 20 individuals presented their comments and recommendations. Among the comments were details on special emergency programs from the American Red Cross and Institute for Business and Home Safety; the need for a clear business value to the PS-Prep program; concerns offered by small business owners and representatives of non-profit organizations; the impact of the PS-Prep program on companies with headquarters outside the US but with US offices; and how DHS may need to coordinate existing business continuity standards in other vertical markets, such as energy and healthcare, with the PS-Prep initiative.
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The Voluntary Private Sector Preparedness Accreditation and Certification Program is mandated by the Implementing Recommendations of the 9/11 Commission Act of 2007 to establish a common set of criteria for private sector preparedness, including disaster management, emergency management, and business continuity programs. The goal of this voluntary program is to enhance nationwide resilience in an all hazards environment by improving private sector preparedness. Participation in the program will be voluntary and intended to be driven by the marketplace.
The Act was signed into law on August 3, 2007. Title IX of this Act amends elements of the Homeland Security Act of 2002 to include development of a voluntary private sector preparedness accreditation and certification program. At present, there is no comprehensive set of standards by which American businesses and other private sector entities can assess their preparedness for all hazards, and yet these organizations are more at risk than ever of catastrophic losses due to natural or other disasters.
Establishment of the Voluntary Private Sector Preparedness Accreditation and Certification Program
The Department of Homeland Security (DHS) was charged with a number of core tasks to establish the voluntary accreditation and certification program, which include:
- The Secretary of Homeland Security was directed to designate an officer within the department responsible for the voluntary program;
- Designate one or more organizations to act as an accrediting body;
- Designate one or more standards for assessing private sector preparedness;
- Provide information and promote the business case for voluntary compliance with preparedness standards;
- Monitor the effectiveness of the program on an ongoing basis; and
- Submit report to Congress on the program.
Program Management Structure
Homeland Security Secretary Michael Chertoff designated FEMA Administrator R. David Paulison in August 2007 as the designated officer. In this role, Administrator Paulison will chair the Private Sector Preparedness Council comprised of Department leadership from the Science & Technology Directorate, Office of Infrastructure Protection, and Private Sector Office who will advise on the development of the program. Members of the council include:
- Jay Cohen, Under Secretary, Science and Technology Directorate
- Robert Stephan, Assistant Secretary for Infrastructure Protection
- Al Martinez-Fonts, Assistant Secretary for Private Sector
Establishment of an Accrediting Body
The second requirement of the legislation directed DHS to designate a third-party organization to act as an accrediting body for the voluntary program.
DHS has signed an agreement with the ANSI-ASQ National Accreditation Board (ANAB) to develop and oversee the certification process, manage the accreditation, and accredit qualified third parties to carry out the certification in accordance with the accepted procedures of the program.
ANAB, headquartered in Milwaukee, Wis., is an internationally recognized organization that serves the conformity assessment needs of business and industry. ANAB is a certified International Accreditation Forum member and is the only accreditation organization for process/management system certifiers based in the United States.
Designation of Preparedness Standards
The third requirement of the legislation is to designate one or more standards for assessing private sector preparedness. In developing and implementing the program, DHS will consider preparedness standards, business continuity standards, and best practices established under other provisions of Federal law, regulations, and as established by sector-specific agencies. DHS will coordinate with other preparedness and business continuity programs in other Federal agencies.
Private sector entities may choose a selected standard and become certified based on their compliance to that standard. The standards designated are used by the certification body to assess private sector preparedness compliance.
Through consultation with a broad range of private sector stakeholders and public comment through a coming Federal Register Notice, DHS will obtain input on:
- The scope of the Program;
- The desired content of the voluntary preparedness standards to be designated;
- Existing standards that should be evaluated and selected in this process;
- Target criteria that should be the foundation for evaluation of comprehensive voluntary preparedness standards to be developed in the future; and
- Views concerning standards and approaches for small businesses.
After the receipt, review, and adjudication of public comments, DHS will select target criteria to evaluate preparedness standards for use in the Program. DHS will coordinate with standards development organizations (SDOs) in the update of their current preparedness standards and the development of new standards.
DHS will work with private sector stakeholders and the critical infrastructure and key resources (CIKR) sectors to determine what sector-specific additions, guidance, or other expansion of the selected standards or target criteria are appropriate and desirable. This program and the standards to be selected are not expected or intended to address issues such as business strategy, competition, and financial practices or processes.
Business Case
DHS will provide information and promote the business case for voluntary compliance with preparedness standards. According to the Institute for Business and Home Safety, an estimated 25 percent of businesses do not reopen following a major disaster. Having a plan to reduce the impact of disaster on business and protect employees can help ensure that a business impacted by disaster is able to recover and reopen.
Program Monitoring
DHS will monitor the effectiveness of the program on an ongoing basis. DHS will review the accreditation and certification program annually to ensure its effectiveness, to include the operations and management of any of the accreditation and certification bodies and the standards designated. The annual review will also provide recommendations for improvements and adjustments to the program as necessary and appropriate.
Understanding the Certification Process
Certification, in the context of this program, is confirmation that a third-party certification organization has validated a private sector entity’s emergency preparedness and business continuity management system with an accepted standard(s). The process generally consists of an assessment of the documented plan’s conformity with the standard(s) and an evaluation of the effectiveness of the system’s implementation. Once an organization is certified, there is a periodic reassessment and audit process so the certification organization can continue to have confidence in the organization’s emergency preparedness and business continuity management system’s conformity. These certifications will be conducted by certification organizations that are accredited by ANAB for this program.
Private sector organizations, including businesses and critical infrastructure and key resources (CIKR) entities, may apply for certification to the applicable requirements of preparedness standard(s) selected for use in the Program. Certification will be performed by third-party certification organizations accredited by ANAB.
DHS will maintain and make public a listing of any private sector entity certified as being in compliance with the program, if that private sector entity consents to such a listing.
Small Business Considerations
The act also requires that small business concerns be taken into consideration, including any need for separate guidance, recommendations, or best practices, as necessary and appropriate.
DHS, in coordination with the Ready Campaign (www.ready.gov) is considering the option of developing a self-assessment preparedness tool. Compliance for small business may be in the form of a formal self-declaration of conformity
Tags: Business Continuity Management, DHS, disaster preparedness, FEMA, PS-Prep, Standards
