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Institute for Crisis, Disaster, and Risk Management Crisis and Emergency Management Newsletter Website |
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October
2004
Volume 7
- Number 1 |
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The Private Sector Preparedness Act By Lisa Beverly In the Fifth public hearing of the National
Commission on
Terrorist Attacks Upon the United States, otherwise known as the 9-11
Commission, Vice Chair
Lee H.
Hamilton stated, “With nearly 85 percent of the critical infrastructure
of our
country owned and operated by the private sector, it is clear that any
measures
the public sector takes on its own will not be enough to guarantee the
safety
of all Americans.”[1] In response to this statement and the findings
of the 9-11 Commission, Representative Jim Turner (TX-2)
introduced the
Private Sector Preparedness Act of 2004 in the House of Representatives
on July
14, 2004 as an amendment to the Homeland Security Act of 2002. The
intent of
this bill would be to enhance current DHS initiatives surrounding the
implementation of the 9-11 Commission’s recommendations, specifically
as they
pertain to the private sector. According
to an Executive Summary published by Democrats
on the House
Select Committee on Homeland Security, the bill would: ·
Require DHS
to develop and implement a comprehensive program to enhance private
sector
preparedness for emergencies and disasters, no later than 90 days
following
enactment of the legislation ·
Identify
specific elements of this preparedness program, consistent with recent
guidance
issued by national voluntary standards organizations such as the
American
National Standards Institute (ANSI) and the National Fire Protection
Association (NFPA) ·
Require DHS
to develop, promulgate, and regularly update national voluntary
consensus
standards for private sector emergency preparedness ·
Require DHS
to coordinate this preparedness program with, and utilize the voluntary
standards developed by, ANSI, NFPA, and any other existing guidance or
best
practices developed by private sector industry associations.[2] Unfortunately for Representative Turner, the latest word from staff members on both the Select Committee on Homeland Security and the Committee on Transportation and Infrastructure’s Economic Development Subcommittee, is that the Private Sector Preparedness Act of 2004, HR 4830, which was referred to the Committee on Transportation and Infrastructure, will not be marked up. Two factors may be behind the move to possibly table this bill. One factor is the reluctance of business to back the initiative. There is considerable concern among the private sector, specifically the Chamber of Commerce, regarding the emphasis of developing standards for businesses. Many safety standards are already required based on the Occupational Health and Safety Administration (OSHA) and creating more standards could leave businesses vulnerable in terms of liability. The
second
factor is that there is already similar language pertaining to private
sector
preparedness in the “9-11 Commission Report Implementation Act of 2004.” With similar language in this, the
McCain-Lieberman Bill, there would be no additional need for the
Private Sector
Preparedness Act of 2004 as introduced by Representative Turner.[3] [1] A transcript of the hearing can be found at: http://www.9-11commission.gov/hearings/hearing5.htm [2] Executive Summary can be found at: http://www.house.gov/hsc/democrats/pdf/press/040708_PSP_legexecsumm.pdf [3] This similar language can be found in Section 806 of the “9-11 Commission Report Implementation Act of 2004.” |