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PA Bulletin, Doc. No. 06-1481

THE GOVERNOR

[36 Pa.B. 4165]
[Saturday, August 5, 2006]

PART I. GOVERNOR'S OFFICE

[4 PA. CODE CH. 6]

[EXECUTIVE ORDER NO. 2006-5]

Pennsylvania Homeland Security and Emergency Preparedness Organizational Structure

   June 26, 2006

   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 against additional and future terrorist attacks; and

   Whereas, natural disasters and health-related epidemics continually pose a threat to the citizens of the Commonwealth; and

   Whereas, terrorist attacks, natural disasters, and health-related epidemics 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 depend; and

   Whereas, the Commonwealth must take necessary steps to protect its citizens from these threats and be prepared to act if such threats occur; and

   Whereas, preparedness involves a continuous cycle of activity to develop the elements (e.g. plans, procedures, policies, training, and equipment) necessary to maximize the capability to prevent, protect against, respond to, and recover from domestic incidents, especially major events that require coordination among an appropriate combination of federal, state, local, private sector, and non-governmental entities, in order to minimize the impact on lives, property, and the economy; and

   Whereas, the U.S. Department of Homeland Security requires an all-hazards approach to preparedness requiring the Commonwealth to have an efficient and comprehensive approach to prepare, prevent, respond, and recover from an incident or event of national significance that necessitates uniformity between local, state, and federal entities; and

   Whereas, it is appropriate for the Commonwealth to continually review its capacity to coordinate preparedness, prevention, and response capabilities across a multi-jurisdictional and regional spectrum and develop the necessary enhancements to address any needs.

   Now, Therefore, I, Edward G. Rendell, 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 Homeland Security and Emergency Preparedness 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 preparedness initiatives specifically with respect to the Commonwealth's overall duty to ensure public safety.

    
Governor

   Fiscal Note:  GOV 06-6. 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

§ 6.41. Homeland Security and Emergency Preparedness Organizational Structure.

   The Homeland Security and Emergency Preparedness Organizational Structure consists of the Office of Homeland Security, the Governor's Homeland Security and Emergency Preparedness Executive Cabinet and the Homeland Security and Emergency Preparedness Advisory Council. Each entity is responsible for fulfilling specific activities, as outlined in this subchapter, necessary to support homeland security. The role of the Pennsylvania Emergency Management Agency (PEMA) will not change as PEMA will continue to be the lead agency responsible for this Commonwealth's role in the National Response Plan.

§ 6.42. Goals.

   The goals of the Homeland Security and Emergency Preparedness Organizational Structure are to:

   (1)  Oversee preparedness strategies and plans within this Commonwealth by ensuring that the focus of preparedness efforts remain an all-hazards approach in preparing for, preventing, and responding to incidents or events which have actual, potential, domestic or international implications.

   (2)  Coordinate local, State and Federal homeland security and emergency preparedness efforts within this Commonwealth.

   (3)  Enhance the integration of disciplines involved in preparedness.

   (4)  Develop the necessary relationships among public and private sector entities to effectively coordinate this Commonwealth's overarching preparedness efforts.

   (5)  Reduce this Commonwealth's vulnerability by identifying, preventing, countering and neutralizing domestic terrorism, natural disasters and health-related epidemics.

   (6)  Create, for the purposes of prevention and response, an all-hazards information fusion capability to facilitate information collection, analysis and intelligence production and sharing functions.

   (7)  Set forth necessary plans and actions to ensure the preservation of critical infrastructures including, but not limited to, the 13 critical infrastructure sectors and four key resource categories, as defined by the Federal Department of Homeland Security.

   (8)  Coordinate the administration of all grants for homeland security and public safety to ensure their integration across disciplines and agencies to enhance this Commonwealth's preparedness strategy.

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

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

§ 6.43. Office of Homeland Security.

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

   (1)  Responsibilities. The Office shall:

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

   (ii)  Review and make recommendations to the Governor regarding 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 the Homeland Security and Emergency Preparedness Executive Cabinet, as needed.

   (vi)  Convene, at least semiannually, the Homeland Security and Emergency Preparedness Advisory Council and coordinate its participation in citizen corps and related activities.

   (vii)  Establish, on behalf of the Governor, working groups and steering committees, as needed, to set forth the goals of the Homeland Security and Emergency Preparedness Organization.

   (viii)  Coordinate training, planning, exercise and outreach efforts to heighten awareness, preparedness and the need for planning at all levels of government and citizenry.

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

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

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

§ 6.44. Governor's Homeland Security and Emergency Preparedness Executive Cabinet.

   (a)  Responsibilities. The Governor's Homeland Security and Emergency Preparedness Executive Cabinet (Executive Cabinet) coordinates Commonwealth Homeland Security and Emergency Preparedness plans, procedures, policies, resources and capabilities necessary to fulfill the Commonwealth's responsibilities in prevention, protection, response and recovery.

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

   (1)  Governor.

   (2)  Governor's Chief of Staff.

   (3)  Governor's General Counsel.

   (4)  Director of Homeland Security.

   (5)  Director of the Pennsylvania Emergency Management Agency.

   (6)  Adjutant General of Pennsylvania.

   (7)  Commissioner of the Pennsylvania State Police.

   (8)  Secretary of Health.

   (9)  Secretary of General Services.

   (10)  Secretary of Administration.

   (11)  Other agency heads, as designated by the Governor, on an as-needed basis.

§ 6.45. Homeland Security and Emergency Preparedness Advisory Council.

   The purpose of the Homeland Security and Emergency Preparedness Advisory Council (Council) is to advise the Director of the Office of Homeland Security 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 public and private sector entities, as selected and appointed by the Governor, with a total appointed membership not to exceed 25. Other nonappointed members may participate, as directed by the Governor, to address needs as they may arise.

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

   (3)  Terms. Membership terms on the Council are for 3 years. Each member shall serve until the expiration of the term to which the member was appointed or until death, resignation, or removal. There is no limit to the number of consecutive terms a member can serve.

   (4)  Compensation. Members of the Council serve without compensation for their services except that the Pennsylvania Emergency Management Agency may reimburse members the necessary and actual expenses incurred in attending meetings of the Council and in performance of their duties.

§ 6.46. Relationship with other agencies.

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

§ 6.47. Effective date.

   This subchapter takes effect immediately.

§ 6.48. Termination date.

   This subchapter remains in effect unless revised or rescinded by the Governor.

§ 6.49. Rescission.

   Executive Order 2002-11, Pennsylvania Homeland Security Organizational Structure, is rescinded.

[Pa.B. Doc. No. 06-1481. Filed for public inspection August 4, 2006, 9:00 a.m.]



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