121 STAT. 370
PUBLIC LAW 110–53—AUG. 3, 2007
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‘‘(II) review any certification conducted by that third party, as necessary and appropriate. ‘‘(4) ANNUAL REVIEW.— ‘‘(A) IN GENERAL.—The designated officer, 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, appropriate representatives of State and local governments, including emergency management officials, and each private sector advisory council created under section 102(f)(4), shall annually review the voluntary accreditation and certification program established under this subsection to ensure the effectiveness of such program (including the operations and management of such program by any 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 any 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 such listing. ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be construed as— ‘‘(1) a requirement to replace any preparedness, emergency response, or business continuity standards, requirements, or best practices established— ‘‘(A) under any other provision of federal law; or ‘‘(B) by any sector-specific agency, as those agencies are defined under Homeland Security Presidential Directive–7; or ‘‘(2) exempting any 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.’’. (b) REPORT TO CONGRESS.—Not later than 210 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing— (1) any action taken to implement section 524(b) of the Homeland Security Act of 2002, as added by subsection (a), including a discussion of— (A) the separate methods of classification and certification for small business concerns (under the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632)) as compared to other private sector entities; and
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