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PA Bulletin, Doc. No. 02-1667

THE GOVERNOR

Title 4--ADMINISTRATION

PART I.  GOVERNOR'S OFFICE
[4 PA. CODE CH. 6]

[EXECUTIVE ORDER NO. 2002-11]

[32 Pa.B. 4687]

Homeland Security Organizational Structure

September 12, 2002

   Whereas, in response to the September 11, 2001, terrorist attacks on the United States and its people, the President of the United States, George W. Bush, called upon all Americans to be vigilant to the threat of terrorism and to defend our nation; and

   Whereas, additional terrorist attacks against United States' citizens are likely as the technical means for carrying out such attacks and access to such means increase; and

   Whereas, terrorist attacks may result in mass casualties to civilian populations, disruption of critical government functions and/or disruption or destruction of interdependent critical infrastructures that can impact the national economy and deny services upon which the welfare of citizens and vitality of the nation depends; and

   Whereas, protecting the United States from future terrorist acts, including domestic, biological, and cyber-terrorism, is a primary security mission of the United States Government and a primary concern of state governments; and

   Whereas, in light of the act of terrorism that occurred on September 11, 2001, it is timely and appropriate for the Commonwealth to review its capacity to coordinate the emergency preparedness and response activities across a range of divergent agencies, bureaus, and departments in the fight against terrorism; and

   Whereas, we know that our future strength as a State and a Nation is dependent upon our continued vigilance and tenacity.

   Now, Therefore, I, Mark S. Schweiker, Governor of the Commonwealth of Pennsylvania, by the virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws of the Commonwealth, do hereby establish the Pennsylvania Homeland Security Organizational Structure. By doing so, I invest it with the necessary powers to perform the duties and functions set forth herein and to advise and counsel me in the development and operation of homeland security initiatives specifically with respect to the Commonwealth's overall duty to ensure public safety.


Governor

   Fiscal Note: GOV 02-12. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4.  ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

CHAPTER 6.  ADDITIONAL COUNCILS AND COMMITTEES

Subchapter E.  HOMELAND SECURITY ORGANIZATIONAL STRUCTURE

Sec.

6.41.Homeland Security Organizational Structure.
6.42.Goals.
6.43.Office of Homeland Security.
6.44.Governor's Homeland Security Executive Cabinet (Executive Cabinet).
6.45.Homeland Security Advisory Council (Council).
6.46.Relationship with other agencies.
6.47.Rescission and termination.

§ 6.41.  Homeland Security Organizational Structure.

   The Homeland Security Organizational Structure consists of the Office of Homeland Security, the Governor's Homeland Security Executive Cabinet and the Homeland Security Advisory Council. Each entity shall be responsible for fulfilling specific activities, as outlined in this subchapter, necessary to support homeland security.

§ 6.42.  Goals.

   The goals of the Homeland Security Organizational Structure are to:

   (1)  Coordinate local, State and Federal homeland security efforts within this Commonwealth.

   (2)  Set forth necessary plans and actions to ensure the preservation of critical infrastructures, including communications, electrical energy, water supply systems, health systems, gas and oil storage and delivery, transportation, banking and finance, emergency services, government operations and agriculture.

   (3)  Develop partnerships and communication with external stakeholders, organizations and all levels of government.

   (4)  Reduce vulnerability by identifying, preventing, countering and neutralizing domestic and international terrorism.

   (5)  Heighten awareness, preparedness and the need for planning at all levels of government and citizenry through training, planning, exercises and outreach.

   (6)  Build upon the existing homeland security and crisis response infrastructure by unifying and maximizing our assets and acquiring resources.

§ 6.43.  Office of Homeland Security.

   The Office of Homeland Security (Office) is managed by a Director of Homeland Security (Director), who serves as the Commonwealth's single-point-of-contact on homeland security issues.

   (1)  Responsibilities. The Office shall:

   (i)  Make written recommendations to the Governor on issues that may affect the security of the Commonwealth.

   (ii)  Review and make recommendations to the Governor regarding all pending legislation and regulations that pertain to homeland security.

   (iii)  Submit to the Governor an annual report on homeland security activities.

   (iv)  Monitor government grant and private sector funding opportunities that may be used to strengthen homeland security efforts and resources.

   (v)  Convene, at least monthly, the Homeland Security Executive Cabinet.

   (vi)  Convene, at least quarterly, the Homeland Security Advisory Council.

   (vii)  Create and recommend that the Governor appoint task force members to address issues of specific or ongoing concern, or both, including terrorist act prevention, preparedness and response, as needed.

   (viii)  Adopt rules of procedure consistent with this subchapter.

   (2)  Organizational location. The Office is located within the Governor's Executive Offices and the Director reports to the Governor.

   (3)  Priorities. The Office priorities shall be established based on the advice of the Governor's Homeland Security Executive Cabinet and the Homeland Security Advisory Council within the overall strategic direction set forth by the Governor.

§ 6.44.  Governor's Homeland Security Executive Cabinet (Executive Cabinet).

   The Executive Cabinet was previously referred to as the Pennsylvania Security Cabinet.

   (1)  Responsibilities. The Executive Cabinet shall coordinate State government resources and advise the Director of the Office of Homeland Security and the Governor on matters related to homeland security.

   (2)  Composition. The Executive Cabinet shall be composed of:

   (i)  The Governor.

   (ii)  The Director of the Pennsylvania Emergency Management Agency.

   (iii)  The Commissioner of the Pennsylvania State Police.

   (iv)  The Adjutant General of Pennsylvania.

   (v)  The Secretary of General Services.

   (vi)  The Secretary of Health.

   (vii)  The Secretary of Transportation.

   (viii)  The Secretary of Administration.

   (ix)  The Secretary of Agriculture.

   (x)  The Secretary of Environmental Protection.

§ 6.45.  Homeland Security Advisory Council (Council).

   The purpose of the Council is to advise the Governor, the Director of the Office of Homeland Security and the Governor's Homeland Security Executive Cabinet on matters relating to homeland security.

   (1)  Composition. The Council shall be composed of the Director of the Office of Homeland Security and representatives from the following agencies and entities as selected by the Governor:

   (i)  A representative of the Pennsylvania Emergency Management Agency.

   (ii)  A representative of the Pennsylvania State Police.

   (iii)  A representative of the Department of Agriculture.

   (iv)  A representative of the Department of Environmental Protection.

   (v)  A representative of the Department of Health.

   (vi)  A representative of the Department of Transportation.

   (vii)  A representative of the Department of Military and Veterans Affairs.

   (viii)  A representative of the Department of General Services.

   (ix)  A representative of the Public Utility Commission.

   (x)  A representative of the Office of Attorney General.

   (xi)  Nine additional members to be appointed by the Governor, including the following:

   (A)  A representative of the local government conference.

   (B)  A representative of the hospital industry.

   (C)  A representative of the first responder community.

   (D)  A representative of the Federal government.

   (E)  A representative of the private sector.

   (F)  A representative of the Regional Counter-Terrorism Task Force.

   (xii)  Additional members appointed at the Governor's discretion with the total membership not to exceed 25.

   (2)  Chairperson. The Governor will designate, to serve at the Governor's pleasure, one person from the Council membership as chairperson of the Council.

   (3)  Terms. Terms of members initially appointed shall be eight members for 2 years, eight members for 3 years and nine members for 4 years, as designated by the Governor at the time of appointment. Thereafter, the terms are for 4 years. Each member shall serve until the expiration of the term to which the member was appointed or until death, resignation or removal, or until the member's successor has been selected and qualified. A member may not serve more than 6 months beyond the expiration of the member's appointed term.

   (4)  Compensation. Members of the Council shall serve without compensation for their services except that members may be reimbursed the necessary and actual expenses incurred in attending meetings of the Council and in performance of their duties.

§ 6.46.  Relationship with other agencies.

   All agencies under the Governor's jurisdiction shall cooperate with and provide assistance to the Office of Homeland Security, the Governor's Homeland Security Executive Cabinet and the Homeland Security Advisory Council in performing its functions.

§ 6.47.  Rescission and termination.

   Executive Order 2001-6, Governor's Task Force on Security, is rescinded. This subchapter remains in effect unless revised or rescinded by the Governor.

[Pa.B. Doc. No. 02-1667. Filed for public inspection September 27, 2002, 9:00 a.m.]



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