The Council finds that:
(1) The District of Columbia has been designated a high-threat target city by the United States Department of Homeland Security, and needs commensurate capabilities for preventing, mitigating, and responding to terrorist attacks. These capabilities include risk-based strategic planning, threat and vulnerability analysis, and gap assessments.
(2) It is the policy of the District of Columbia to warn, inform, and protect its residents by providing timely and accurate information before, during, and after times of emergency. Such information can save lives, reduce property losses, and speed economic recovery by providing residents with the information they need to make informed decisions and to take appropriate protective actions.
(3) The District of Columbia seeks to promote transparency regarding homeland security efforts, in order that government officials and the public can assess the risks, adequacy of programs, the progress made, and gaps remaining.
(4) Risks and vulnerabilities identified through an ongoing program of analysis should be addressed expeditiously and comprehensively.
(5) The Final Report of the National Commission on Terrorist Attacks Upon the United States outlined appropriate roles for the federal government and its counterparts at the local government level, and concluded that homeland security priorities and assistance should be based strictly on an assessment of risks and vulnerabilities.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 201, as added Mar. 14, 2007, D.C. Law 16-262, § 101(e), 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 16-262, the "Homeland Security, Risk Reduction, and Preparedness Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-242, which was referred to Committee on Judiciary. The Bill was adopted on first and second readings on December 5, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-618 and transmitted to both Houses of Congress for its review. D.C. Law 16-262 became effective on March 14, 2007.
For the purposes of this part, the term:
(1) "Agency" means the Homeland Security and Emergency Management Agency.
(2) "Director" means the Director of the Homeland Security and Emergency Management Agency.
(3) "Program" means the Homeland Security Program created by § 7-2231.03.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 202, as added Mar. 14, 2007, D.C. Law 16-262, § 101(e), 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-262, see notes following § 7-2231.01.
(a) The Director shall develop a Homeland Security Program to identify and mitigate threats, risks, and vulnerabilities within the District of Columbia. The program shall include, but not be limited to:
(1) Identifying public infrastructure and other public assets in the District that need protection, assessing vulnerability, and addressing priority needs;
(2) Establishing measurable readiness priorities and targets that balance the potential threat and magnitude of terrorist attacks, major disasters, and other emergencies with the resources required to prevent, respond to, and recover from them;
(3) Establishing readiness metrics and performance measures for preparedness in the areas of prevention, protection, response, and recovery;
(4) Assisting residents and public and private entities in emergency preparedness;
(5) Coordinating with federal, state, and regional authorities, and with private entities; and
(6) Developing a budget to implement the Program.
(b) Within one year of March 14, 2007, the Director shall contract for a baseline threat and vulnerability assessment of the District of Columbia to include risks associated with, but not limited to, terrorism (including bioterrorism), radiological weapons and their potential transport into the District of Columbia, food and water supply, cybersecurity, fire and rescue capability; an assessment of actions already taken to address security issues and recommendations on whether additional safety and security enforcement actions are needed; and recommendations for additional legislation needed to enhance the security of District residents.
(c) Beginning one year after the establishment of the Program, the Mayor shall submit an annual report to the Council describing the current level of the preparedness of the District of Columbia, including reports on the District's homeland security capabilities, priority unmet needs and the cost of meeting those needs, relevant training and readiness exercises, resident education, and the utilization of mutual aid.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 203, as added Mar. 14, 2007, D.C. Law 16-262, § 101(e), 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-262, see notes following § 7-2231.01.
(a) The Mayor shall:
(1) Disseminate homeland security information to the public and engage residents in homeland security emergency planning;
(2) Solicit resident input in vulnerability assessment and planning activities; and
(3) Offer periodic training opportunities to members of the public.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 204, as added Mar. 14, 2007, D.C. Law 16-262, § 101(e), 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-262, see notes following § 7-2231.01.
(a) The Director, in consultation with other District of Columbia agencies, law enforcement, security, and terrorism experts, and representatives of public employees, shall develop and issue guidelines for a public employee security training program to meet requirements established in the District of Columbia Emergency Response Plan.
(b) At the request of the Director, District government agencies shall submit employee training programs to the Director for annual review.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 205, as added Mar. 14, 2007, D.C. Law 16-262, § 101(e), 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-262, see notes following § 7-2231.01.
(a) In consultation with organizations representing property owners, property managers, and building operators and managers, the Director shall develop guidance for building operators and managers to enhance the security of large commercial and residential buildings.
(b) In consultation with the Director of the Department of Consumer and Regulatory Affairs and organizations representing property owners, property managers, and building operators and managers, the Director shall occasionally review the building code to determine potential changes that could improve building security.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 206, as added Mar. 14, 2007, D.C. Law 16-262, § 101(e), 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-262, see notes following § 7-2231.01.
The Agency shall coordinate a regular program of readiness exercises to test the District of Columbia's emergency preparedness, propose action to address any gap in preparedness, and coordinate with regional, federal, and private entities.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 207, as added Mar. 14, 2007, D.C. Law 16-262, § 101(e), 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-262, see notes following § 7-2231.01.
The Agency shall establish and implement an effective homeland security public warning and information capability that can be used during emergencies to warn residents timely and to disseminate emergency information to residents, both indoors and outdoors, at any time and regardless of residents' special needs. The Agency shall also pay particular attention to the needs of senior citizens and low-income residents in establishing an effective homeland security public warning and information capability.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 208, as added Mar. 14, 2007, D.C. Law 16-262, § 101(e), 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-262, see notes following § 7-2231.01.
The Director shall request the voluntary sharing of information from private entities on best practices for prevention, mitigation, response, and recovery from a terrorist or other security incident, including information on relocation and other business continuity plans and programs, for the purpose of collaboration to improve public and private preparedness.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 209, as added Mar. 14, 2007, D.C. Law 16-262, § 101(e), 54 DCR 794.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 3008 of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).
Legislative History of Laws
For Law 16-262, see notes following § 7-2231.01.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules for the use of surveillance cameras and technology in the operation of its Video Interoperability for Public Safety ("VIPS") program; provided, that the Agency shall not use cameras maintained or monitored by either the Department of Corrections or the Metropolitan Police Department. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within this 45-day review period, the proposed rules shall be deemed disapproved.
(b) Until rules are issued and approved pursuant to subsection (a) of this section, the use of any video surveillance cameras that are part of the VIPS program shall be governed by the regulations promulgated pursuant to the Use of Closed Circuit Television to Combat Crime Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-284; 54 DCR 938), and published in Chapter 25 of Title 24 of the District of Columbia Municipal Regulations.
(c) The Metropolitan Police Department shall maintain a right of access to all surveillance cameras and technology in the VIPS program, without limitation, except as stated in applicable rules or regulations governing the VIPS program.
(Aug. 11, 1950, 64 Stat. 440, ch. 686, § 210, as added Aug. 16, 2008, D.C. Law 17-219, § 3008, 55 DCR 7598; Mar. 5, 2010, D.C. Law 18-113, § 2, 57 DCR 487.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-113, in subsec. (a), substituted "program; provided, that the Agency shall not use cameras maintained or monitored by either the Department of Corrections or the Metropolitan Police Department." for "program."; and added subsec. (c).
Legislative History of Laws
For Law 17-219, see notes following § 7-651.17.
Law 18-113, the "Homeland Security and Emergency Management Agency Use of Video Surveillance Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-282, which was referred to the Committee on Public Safety and Judiciary. The bill was adopted on first and second readings on December 1, 2009, and December 15, 2009, respectively. Approved without the signature of the Mayor on January 4, 2010, it was assigned Act No. 18-261 and transmitted to both Houses of Congress for its review. D.C. Law 18-113 became effective on March 5, 2010.
Delegation of Authority
Delegation of Authority Pursuant to section 3008 of D.C. Law 17-219, the Homeland Security and Emergency Management Agency Video Surveillance Rules Act of 2008, see Mayor's Order 2008-135, October 10, 2008 (55 DCR 11216).
Miscellaneous Notes
Short title: Section 3007 of D.C. Law 17-219 provided that subtitle C of title III of the act may be cited as the "Homeland Security and Emergency Management Agency Video Surveillance Rules Amendment Act of 2008".
