District of Columbia Emergency Management and Homeland Security Statutory Authorities Summarized

Order Code RS21804

April 2, 2004

CRS Report for Congress

Received through the CRS Web

District of Columbia Emergency Management

and Homeland Security Statutory Authorities

Summarized

Keith Bea and Sula P. Richardson

Specialist and Analyst in American National Government

Government and Finance Division

L. Cheryl Runyon and Kae M. Warnock

Consultants

Government and Finance Division

Summary

The District of Columbia code addresses disasters and emergencies through public

emergency statutes (§7-2201 et seq.) and the Anti-Terrorism Act of 2002 (§22-3152 et

seq.). The mayor is authorized to declare emergencies, and the District Council

participates in continuity of government efforts. Aid is provided from a special

emergency fund and accepted from the federal government. The District of Columbia

code provides for an interstate civil defense compact and an emergency management

assistance compact.

This report is one of a series that profiles the emergency management and

homeland security statutory authorities of the 50 states, the District of Columbia, the

Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,

American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more

significant elements of state statutes, generally as codified. Congressional readers may

wish to conduct further searches for related provisions using the Internet link presented

in the last section of this report. The National Conference of State Legislatures provided

primary research assistance in the development of these profiles under contract to the

Congressional Research Service (CRS). Summary information on all of the profiles is

presented in CRS Report RL32287. This report will be updated as developments

warrant.

Entities with Key Responsibilities

Mayor: The District of Columbia code authorizes the mayor to establish an

emergency preparedness office to prepare for enemy attack, sabotage, or other hostile

action through plans and programs that provide protection, relief, and assistance for

Congressional Research Service ˜ The Library of Congress

CRS-2

people and property. The mayor is authorized to appoint a member of the Metropolitan

Police Department or a member of the Fire Department to any emergency preparedness

office position (D.C. Code Ann.§7-2202, 7-2203). The mayor may establish a public

emergency preparedness program that uses the services of all appropriate agencies and

includes the development of an emergency operations plan, procedures for training staff

and conducting exercises. Also, the mayor must review the District’s response plan

annually and coordinate federal and state preparedness programs (D.C. Code Ann.§72302). After issuing an emergency executive order, the mayor may: expend funds to

carry out emergency missions and responsibilities, enter into contracts, incur obligations,

employee temporary workers, rent equipment, buy supplies, spend public funds, prepare

for and implement measures to protect people and property (evacuation to emergency

shelters), disconnect utilities, destroy contaminated property, regulate the sale and

distribution of food, fuel, clothing, goods and services, establish curfews, establish public

emergency services, have operational direction of all agencies, procure supplies and

equipment, begin training and public information programs, request federal disaster

assistance, prevent or reduce harmful consequences of disasters, and detain or quarantine

people for medical reasons (D.C. Code Ann.§7-2304(b)).

Emergency Management Agency: The Emergency Management Agency (EMA,

previously the Office of Emergency Preparedness) is authorized to: prepare a

comprehensive plan and program for civil defense, institute training and public

information programs, make studies and surveys of district civil defense resources and

capabilities, and develop and enter into mutual aid agreements with state or political

subdivisions. Also, the office is to: cooperate with governmental and nongovernmental

agencies; accept facilities, supplies and funding from the federal government; use

resources of existing district departments; and submit an annual report through the office

of the mayor to Congress about activities and expenditures (D.C. Code Ann.§ §7-2203,

7-2205, 7-2208, Mayor’s Order 98-198, Jan. 8, 1999, 46 DCR 240).

Emergency Planning Council: The council monitors and informs the public about

the use of hazardous chemicals, coordinates training and technical assistance, designates

local emergency planning districts, sets procedures and systems to receive and process

emergency release reporting, and works to increase state and local emergency response

capabilities (Mayor's Order number 2002-01).

Domestic Preparedness Task Force: The task force is charged with examining the

District’s overall preparedness, existing emergency plans and procedures, and related

training efforts. Also, the task force is charged with refining the District’s emergency

operations plan and other emergency plans, along with the Emergency Management

Agency, to develop the District response plan (Mayor's Order number 2001-142).

Preparedness

The mayor is to establish a public emergency preparedness program using services

of all appropriate agencies, including EMA, and develop a response plan to include

preparation against, and assistance following, emergencies and major disasters. The plan

must include provisions on staff appointment and training, formulation of regulations, and

procedures and exercises (D.C. Code Ann.§7-2302(a)(1)(B)).

CRS-3

Declaration Procedures

The mayor is authorized to issue an emergency executive order that identifies the

existence, nature, extent, and severity of a public emergency, as well as measures to

relieve the emergency. The statute specifies requirements of the order, persons upon

whom the order is binding, and the duration of the order (D.C. Code Ann.§7-2304).

In addition to an emergency executive order, the mayor may issue an additional order

proclaiming a public health emergency for an imminent hazard, or the actual occurrence

of such an event, due to: a large number of deaths; a large number of serious human

health disabilities; widespread exposure to infectious or toxic agents; and the use,

dissemination or detonation of weapons of mass destruction. The public health

emergency executive order must specify: the existence, nature and scope of the

emergency; its geographic scope; and conditions, measures and the expected duration of

emergency. The mayor is authorized to order health care providers to assist, and appoint

providers as temporary employees, and exempt them from liability, or waive licensing

requirements (D.C. Code Ann.§7-2304.01).

Any emergency executive order issued by the mayor is effective for a maximum

period of 15 days and may be rescinded by the mayor if he or she determines that the

emergency no longer exists. The order may be extended for an additional 15-day period

only if requested by the mayor, and if the Council of the District of Columbia adopts an

emergency act. The emergency executive order must be published in the D.C. Register,

two daily newspapers and posted in public places as soon as reasonably possible (D.C.

Code Ann. §7-2306).

Types of Assistance

See discussion under “Entities with Key Responsibilities,” Mayor.

Mutual Aid

The statute authorizes the mayor to implement the Emergency Management

Assistance Compact as codified (D.C. Code Ann.§7-2331 et seq.).

The mayor is authorized to enter into interstate civil defense compacts with the

states, in the form specified (D.C. Code Ann.§7-2209).

The mayor may enter into agreements with the federal government, neighboring

states, and political subdivisions for coordination of disaster preparedness programs (D.C.

Code Ann. §7-2306(f)).

Funding

The statute establishes an emergency cash reserve fund which must contain a balance

of not less than four percent of the District’s operating budget for a fiscal year. The fund

is to be used for unanticipated and nonrecurring “extraordinary needs of an emergency

nature,” such as a natural disaster, and may be used when the mayor issues a state of

emergency declaration (D.C. Code Ann. §1-204.50a).

CRS-4

Hazard Mitigation

The mayor must issue regulations, or recommend legislation to the D.C. Council,

related to flood plain management, stream encroachment, weather modification, fire

prevention, air quality, land use and construction standards to prevent and manage

harmful consequences of disasters (D.C. Code Ann. §7-2305).

Continuity of Government Operations

If death or destruction prohibits the convening of two-thirds of the Council members,

the mayor must make a reasonable attempt to consult with Council members not affected

for the consideration of emergency legislation (D.C. Code Ann.§7-2306 (c)).

Other

The mayor is exempt from publishing response plans and terrorism vulnerability

assessments in the D.C. Register (D.C. Code Ann. §7-2302 (c)).

D.C. employees are not liable for damages stemming from implementation of the

District’s response plan (D.C. Code Ann. §7-2302 (e)).

A civil defense employee or a volunteer is not liable for death or injury to a person,

or property damage, when complying with emergency management statutes. This

provision does not affect the employee’s rights to worker’s compensation (D.C. Code

Ann. §7-2206).

Key Terms

Table 1. Key Emergency Management and Homeland Security

Terms Defined in District of Columbia Statutes, with Citations

Terms

Citations

Act of terrorism

D.C. Code Ann. §22-3152 (1)

Biological agent

D.C. Code Ann. §22.3152 (2)

Civil defense

D.C. Code Ann.§7-2201

Communicable disease

D.C. Code Ann.§7-2301 (1)*

District of Columbia response plan

D.C. Code Ann.§7-2301 (1A)

Emergency operations plan

D.C. Code Ann.§7-2301 (1)*

Health care provider

D.C. Code Ann.§7-2301 (1B)

Nuclear material

D.C. Code Ann. §22-3152 (5)

Public emergency

D.C. Code Ann.§7-2301 (3)

CRS-5

Terms

Citations

Resource

D.C. Code Ann.§7-2301 (4)

States

D.C. Code Ann.§7-2332

Toxic or poisonous chemical

D.C. Code Ann. §22-3152 (9)

Toxin

D.C. Code Ann. §22-3152 (10)

Unit of government

D.C. Code Ann. §22.3152 (11)

Weapon of mass destruction

D.C. Code Ann. §22.3152 (12)

*Note: Same citation number used in amendment for communicable disease that had previously been used for

emergency operations plan.

For Further Research

The citations noted above and other elements of the code for the District of

Columbia may be searched at: [http://dccode.westgroup.com/home/dccodes/default.wl].