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HOMELAND SECURITY AND EMERGENCY MANAGEMENT AGENCY
NOTICE OF EMERGENCY PROPOSED RULEMAKING
The Director of the Homeland Security and Emergency Management Agency, pursuant to §§ 201 through 207 of the Homeland Security, Risk Reduction, and Preparedness Amendment Act of 2006 (Act), effective March 14, 2007 (D.C. Law 16-262; D.C. Official Code §§ 7-2271.01- 7-2271.07) and Mayor’s Order 2012-170, hereby gives notice of the adoption on an emergency basis an amendment to title 24 of the District of Columbia Municipal Regulations (DCMR) that adds a new subtitle 28 entitled “District of Columbia Homeland Security Commission.”
This emergency action will set forth the qualifications of Homeland Security Commission (“the Commission”) members, their appointment to the Commission, and establish the organization of the Board and meeting procedures. This emergency action will implement the provisions of the Act that must be addressed at the onset to enable the Commission to fulfill its obligations under the Act.
This emergency action is being taken in order to enable the District to expeditiously appoint qualified members of the Commission and to begin work gathering and evaluating information on the status of homeland security in the District of Columbia and thereby preserve the public safety and welfare.
This emergency rule was adopted on October 23, 2012 and became effective immediately on that date.
The emergency rule will expire one hundred twenty (120) days from the date of adoption (February 20, 2013), or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
The Director also gives notice of its intent to adopt this rule, in final, in not less than thirty (30) days from the date of publication of this notice in the D.C. Register, or upon approval of this rulemaking by the Council, whichever occurs later.
Title 24, Public Space and Safety, of the DCMR is amended by adding new chapter 28 to read as follows:
CHAPTER 28 DISTRICT OF COLUMBIA HOMELAND SECURITY COMMISSION
2800 ESTABLISHMENT AND AUTHORITY OF THE COMMISSION
2800.1 The District of Columbia Homeland Security Commission (Commission) is established pursuant to the authority and purposes set forth in chapter 22 of the Homeland Security, Risk Reduction, and Preparedness Amendment Act of 2006 (Act), effective March 14, 2007 (D.C. Law 16-262; D.C. Official Code §§ 7-2271.01, et. seq.)(2008 repl.).
2800.2 The Commission is vested with authority to carry out its responsibilities as established in chapter 22 of the Act.
2800.3 The Commission is composed of seven (7) members, who are appointed by the Mayor and confirmed by the Council of the District of Columbia for terms of three (3) years.
2800.4 Members shall receive no salary for their service on the Commission but shall be reimbursed for administrative costs associated with membership.
2801 COMMISSION MEMBER QUALIFICATIONS AND APPOINTMENT
2801.1 Prospective Commission members shall be reviewed for consideration by the Deputy Mayor for Public Safety (Deputy Mayor) and the Director of the Homeland Security and Emergency Management Agency (Director).
2801.2 All prospective Commission members shall submit to the Deputy Mayor and the Director a resume and letter of interest that details their experience in Homeland Security and Emergency Management.
2801.3 The first seven (7) prospective Commission members shall have and submit proof that they hold a current secret security clearance. For the purposes of this chapter the term “secret security clearance” shall have the same meaning as that term is defined in Presidential Executive Orders 13526 and 13467. All subsequent appointees shall either have at minimum a Secret security clearance or certify that they are eligible to obtain Secret security clearance and be able to maintain their security clearance if they have one.
2801.4 No Commission member can participate in the business of the Commission without at minimum a “secret security clearance.”
2801.5 All prospective Commission members shall be subject to pre-appointment background checks, which may include criminal and credit reports and contacting previous employers, educational institutions, and references.
2801.6 The Deputy Mayor and Director after reviewing the qualifications of the candidates for appointment to the Commission, shall forward their names to the Mayor with a statement that the candidate is qualified by experience and education to serve on the Commission and possesses a current Secret security clearance.
2801.7 Members shall hold no other paid position in the District of Columbia Government.
2801.8 Members must file personal financial disclosure statements.
2801.9 The terms of the members first appointed shall begin on the date a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments.
2801.10 Commission member’s terms shall be staggered so that either 4 positions or 3 positions will expire on the year’s anniversary date.
2802 ORGANIZATION OF THE COMMISSION
2802.1 Except as provided otherwise by the Act, a quorum of the Commission shall consist of no less than four (4) members of the Commission and shall be necessary to conduct official Commission business.
2802.2 The Commission members shall elect, by majority vote, a Chairperson to serve for a term of one (1) year and who may be appointed to subsequent one (1) year terms by majority vote of the Commission members. A quorum of at least five (5) members shall be necessary to elect a Chairperson.
2802.3 The Commission shall meet at least four (4) times a year. Additional meetings may be called as needed by the Board.
2802.4 Space for meetings shall be provided by the Homeland Security and Emergency Management Agency (HSEMA) at 2720 Martin Luther King, Jr. Ave, SE Washington, DC 20032.
2802.5 HSEMA shall provide staff to the Commission.
2802.6 The Commission, prior to issuing any report, shall deliver a copy of the report to the Director of HSEMA who will have 30 days to review, comment on or respond to the report. If requested by the Director of HSEMA, the Commission shall include the Director’s comments or responses in the final report issued by the Commission.
Copies of the proposed rulemaking can be obtained at www.dcregs.dc.gov or by contacting Robert Hildum, General Counsel, Homeland Security and Emergency Management Agency, 2720 Martin Luther King, Jr., Avenue, SE Washington, D.C. 20032. All persons desiring to file comments on the proposed rulemaking action should submit written comments via e-mail to Robert.hildum@dc.gov or by mail to the Homeland Security Emergency Management Agency, Attn: Robert Hildum, General Counsel, 2720 Martin Luther King, Jr., Avenue, SE Washington, D.C. 20032, no later than thirty (30) days after the publication of this notice in the D.C Register.
