EXECUTIVE ORDER D-67-03


WHEREAS, on September 11, 2001, civilian buildings and government facilities in the State of New York, Washington, D.C., and the Commonwealth of Pennsylvania were the targets of multiple, coordinated terrorist attacks on the United States, which caused tremendous damage, injury and loss of life; and

WHEREAS, on September 11, 2001, I proclaimed a State of Emergency to exist as a result of these attacks; and

WHEREAS, on September 14, 2001, the President declared a national emergency as a result of these attacks; and

WHEREAS, the Congress has enacted, and the President has signed the "Homeland Security Act of 2002", which establishes the Department of Homeland Security, a federal department whose primary mission is to prevent, protect against and respond to acts of terrorism on American soil; and

WHEREAS, the federal government has primary responsibility for the security and safety of the nation, but state and local officials must assure California's readiness to prevent and respond to terrorist attacks and recommend such additional measures as may be necessary; and

WHEREAS, in 1999, the Governor's Office of Emergency Services joined with federal, state and local agencies to establish an inter-disciplinary committee known as the State Strategic Committee on Terrorism to plan for and develop programs to address terrorist threats; and

WHEREAS, the California Anti-Terrorism Information Center was established on September 25, 2001 to coordinate the exchange and assessment of information between state and local law enforcement agencies regarding terrorism within California; and

WHEREAS, it is in the best interests of the citizens of California to coordinate state security activities throughout California, and to highlight the extraordinary technological capabilities of California's private industry to help protect all Americans;

NOW, THEREFORE, I GRAY DAVIS, Governor of the State of California, by virtue of the power and authority vested in me by the Constitution and statutes of the State of California, do hereby issue this order to become effective immediately:

IT IS ORDERED that the State of California Office of Homeland Security is established in the Office of the Governor. The mission of the Office of Homeland Security shall be to develop and coordinate the implementation of a comprehensive state strategy to coordinate security activities throughout California, and to highlight the extraordinary technological capabilities of California's private industry to help protect all Americans.

IT IS FURTHER ORDERED that the Office of Homeland Security shall be headed by a Director, who shall be appointed by, and who shall serve at the pleasure of, the Governor. The Director of the Office of Homeland Security shall be the individual primarily responsible for coordinating state security efforts of all departments and agencies in the State of California and shall be the principal point of contact for and to the Governor with respect to coordination of such efforts.

IT IS FURTHER ORDERED that the duties and responsibilities of the Office of Homeland Security shall include the following:

  1. Coordinating security activities throughout California.
  2. Coordinating the activities of all state agencies pertaining to terrorism-related issues, including, but not limited to, all legislative issues, contact with federal and local agencies, training, and public outreach activities.
  3. Coordinating and approving all activities between state agencies and federal agencies on topics related to terrorism, including coordinating and approving all state requests for federal funds designated for terrorism-related activities, developing guidelines for all such state requests, and approving the distribution of any federal funds allocated to the state.
  4. Serving as the principal point of contact for and to the Governor with respect to the federal Department of Homeland Security and all other federal and state agencies, and legislators, on matters relating to terrorism and state security.
  5. Coordinating the review and assessment of the State of California Emergency Plan and the California Terrorism Response Plan, and coordinating the amendment and the submission of those plans, through the California Emergency Council, to the Governor for approval.
  6. Assigning specific state security functions to state agencies consistent with the duties and responsibilities identified in the California Emergency Plan and the California Terrorism Response Plan. Such assignments will be made by Administrative Order issued by the Director of the Office of Homeland Security.
  7. Coordinating efforts to ensure that all state departments and agencies that have intelligence collection responsibilities have sufficient technological capabilities and resources to collect intelligence and data relating to terrorist activities or possible terrorist acts within the State of California.
  8. Highlighting the extraordinary technological capabilities of California's private industry to help protect all Americans.

IT IS FURTHER ORDERED that the staff of the Office of Homeland Security shall be appointed by and serve at the pleasure of the Governor.

IT IS FURTHER ORDERED that the Director of the Office of Homeland Security shall serve as the Chair of the State Strategic Committee on Terrorism and, in his capacity as the Governor's security advisor, as the Chair of the Emergency Response Training Advisory Committee.

IT IS FURTHER ORDERED that the Directors of the Office of Emergency Services and the Office of Criminal Justice and Planning shall report to the Governor's Office through the Director of the Office of Homeland Security.

IT IS FURTHER ORDERED that all state departments and agencies are directed to assist the Office of Homeland Security and the Director of the Office of Homeland Security in carrying out the purposes of this order and the functions of the Office of Homeland Security.

IT IS FURTHER ORDERED that to the extent specific directives contained herein are inconsistent with directives contained in Executive Order W-9-91 and Executive Order D-47-01, the directives contained herein supersede those contained in the prior executive orders, all other prior directives to remain in effect.

This order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the State of California, its departments, agencies or instrumentalities, its officers or employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this order shall be filed with the Office of the Secretary of State and that widespread publicity and notice be given to this order.