Part A. Homeland Security and Emergency Management Agency.


  • Current through October 23, 2012
  • Because of the existing possibility of the occurrence of disaster of unprecedented destructiveness resulting from enemy attack, sabotage, or other hostile action, it is the intent of Congress that plans and programs to provide necessary protection, relief, and assistance for persons and property in the District of Columbia in the event such disaster shall occur or become imminent so as to require such protection, relief, and assistance, should be developed. As used in this chapter, the term "civil defense" shall mean all activities necessary for the development and execution of such plans and programs, unless the context indicates a different meaning.

    (Aug. 11, 1950, 64 Stat. 438, ch. 686, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 6-1401.

    1973 Ed., § 6-1201.

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  • (a) To carry out the purposes of this chapter, the Mayor of the District of Columbia is authorized to establish in the municipal government of such District a Homeland Security and Emergency Management Agency to consist of a Director and such other personnel as may be needed. Such Director shall be the executive head of such Office.

    (b) Notwithstanding the limitation of any law, there may be employed in such Homeland Security and Emergency Management Agency any person who has been retired from any of the uniformed services of the United States or any office or position in the federal or District governments, and except as hereinafter provided, while so employed in such Homeland Security and Emergency Management Agency any such retired person may receive the compensation authorized for such employment or the retirement compensation or annuity, whichever he may elect, and upon the termination of such employment, he shall be restored to the same status as a retired officer or employee with the same retirement compensation or annuity to which he was entitled before having been employed in such Homeland Security and Emergency Management Agency. While any person who has been retired from any of the uniformed services of the United States is so employed in such Homeland Security and Emergency Management Agency, he may receive the compensation authorized for such employment and his retired or retirement pay, subject to § 5532 of Title 5, United States Code.

    (Aug. 11, 1950, 64 Stat. 438, ch. 686, § 2; Aug. 19, 1964, 87 Stat. 489, Pub. L. 88-448, title IV, § 401(b); Mar. 14, 2007, D.C. Law 16-262, § 101(b), 54 DCR 794.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 6-1402.

    1973 Ed., § 6-1202.

    Effect of Amendments

    D.C. Law 16-262, in subsecs. (a) and (b), substituted "Homeland Security and Emergency Management Agency" for "Office of Emergency Preparedness".

    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.

    References in Text

    Pursuant to Mayor's Order 98-198 (46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency.

    Change in Government

    This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Government Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor and the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1- 207.14(a)), appropriate changes in terminology were made in this section.

    Miscellaneous Notes

    Office of Civil Defense abolished: The Office of Civil Defense was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 45 of the Board of Commissioners, dated June 26, 1953, and as amended October 22, 1953, established under the Board of Commissioners, a Citizens' Civil Defense Advisory Council to advise and consult with the Board and the Director of Civil Defense on matters of basic civil defense policies. The Order describes the purposes and functions of the new Council, and abolished the previous Civil Defense Advisory CounciL. Reorganization Order No. 49, as amended November 10, 1953, established under the supervision and control of a Commissioner, an Office of Civil Defense headed by a Director. The Order set forth the purpose, organization, and functions of the new Office of Civil Defense. The previous Office of Civil Defense was abolished and its functions and positions together with all personnel, property, records, and unexpended funds relating to those functions and positions were transferred to the new Office of Civil Defense. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Reorganization Order No. 49 was rescinded by Commissioner's Order No. 71-259, dated July 26, 1971, which established a new Office of Civil Defense. Organization Order No. 51 of the Commissioner of the District of Columbia, dated December 27, 1974, established in the Executive Office of the Commissioner, a new Office of Civil Defense, headed by a Director, and prescribed the purposes and functions thereof. The Order replaced and rescinded Commissioner's Order No. 71-259, dated July 26, 1971, as amended by Commissioner's Order No. 73-156, July 5, 1973. The name of the Office of Civil Defense was changed to the Office of Emergency Preparedness by Mayor's Order No. 76-49, dated January 23, 1976.

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  • The Mayor of the District of Columbia is authorized to appoint a member of the Metropolitan Police Department or a member of the Fire Department of the District of Columbia to any position in the Homeland Security and Emergency Management Agency, with the salary provided by law for such position, chargeable to the appropriation for the newly established office or agency; provided, that during the tenure of his appointment such member so appointed shall be deemed to be a member of such Metropolitan Police Department or such Fire Department, as the case may be, for all purposes of rank, seniority, allowances, privileges and benefits, including retirement and disability benefits under the provisions of § 5-701 to § 5-724, to the same extent as though the appointment had not been made, and at the termination of such appointment he shall be entitled to resume his status within the Metropolitan Police Department or Fire Department, as the case may be, which shall include any promotion in rank to which he may have become entitled; provided further, that retirement and disability benefits and salary deductions shall be based on the salary of the rank or position held in the Metropolitan Police Department or the Fire Department, as the case may be, prior to his appointment to such position in the Homeland Security and Emergency Management Agency or the salary of the position or rank he would have attained in the Metropolitan Police Department or the Fire Department had his appointment to such position in the Homeland Security and Emergency Management Agency not been made, whichever is greater.

    (May 21, 1951, 65 Stat. 44, ch. 102; July 6, 1953, 67 Stat. 139, ch. 179, § 1; Mar. 14, 2007, D.C. Law 16-262, § 407, 54 DCR 794.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 6-1403.

    1973 Ed., § 6-1202a.

    Effect of Amendments

    D.C. Law 16-262 rewrote this section, which formerly read:

    "The Mayor of the District of Columbia is authorized to appoint a member of the Metropolitan Police Department or a member of the Fire Department of the District of Columbia to any position in the Office of Emergency Preparedness (authorized to be abolished by Reorganization Plan No. 5 of 1952), with the salary provided by law for such position, chargeable to the appropriation for the newly established office or agency; provided, that during the tenure of his appointment such member so appointed shall be deemed to be a member of such Metropolitan Police Department or such Fire Department, as the case may be, for all purposes of rank, seniority, allowances, privileges and benefits, including retirement and disability benefits under the provisions of § 5-701 to § 5-724, to the same extent as though the appointment had not been made, and at the termination of such appointment he shall be entitled to resume his status within the Metropolitan Police Department or Fire Department, as the case may be, which shall include any promotion in rank to which he may have become entitled; provided further, that retirement and disability benefits and salary deductions shall be based on the salary of the rank or position held in the Metropolitan Police Department or the Fire Department, as the case may be, prior to his appointment to such position in such office or agency succeeding to the functions of the Office of Emergency Preparedness or the salary of the position or rank he would have attained in the Metropolitan Police Department or the Fire Department had his appointment to such position in such office or agency not been made, whichever is greater."

    Legislative History of Laws

    For Law 16-262, see notes following § 7-2202.

    References in Text

    Pursuant to Mayor's Order 98-198 (46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency.

    Change in Government

    This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia SelfGovernment and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

    Miscellaneous Notes

    Office of Civil Defense abolished: See Historical and Statutory Notes following § 7-2202.

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  • As used in § 7-2203, the terms "Metropolitan Police Department" and "Fire Department" shall include, respectively, offices or agencies succeeding to the functions of such departments pursuant to Reorganization Plan No. 5 of 1952.

    (July 6, 1953, 67 Stat. 140, ch. 179, § 1.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 6-1404.

    1973 Ed., § 6-1202b.

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  • The Homeland Security and Emergency Management Agency is authorized and directed, subject to the direction and control of the Mayor of the District:

    (1) To prepare a comprehensive plan and program for civil defense, such plan and program to be integrated into and coordinated with the civil defense plans of the federal government, and of nearby states and appropriate political subdivisions thereof;

    (2) To institute training programs and public information programs; to organize, equip, and train civil defense units, and to utilize regularly employed personnel of the government of the District of Columbia for service in and within such civil defense units and to train such personnel for such service; to expand existing agencies of the District government concerned with civil defense; and to take all other preparatory steps including the partial or full mobilization of civil defense organizations in advance of actual disaster;

    (3) To make such studies and surveys of the resources and capabilities of the District for civil defense, and to plan for the most efficient emergency use thereof;

    (4) To develop and enter into mutual aid agreements with states or political subdivisions thereof for reciprocal civil defense aid and mutual assistance in case of disaster too great to be dealt with unassisted. Such agreements may include the exchange of food, clothing, medicines, and other supplies; emergency housing; engineering services; police services; medical and nursing services; firefighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel, and services as may be needed. Such agreements shall be consistent with the national civil defense plan and program. In time of emergency it shall be the duty of each agency and organization to render assistance in accordance with the provisions of such mutual aid agreements;

    (5) To employ such technical, clerical, stenographic, and other personnel and make such expenditures within appropriations thereof or from other funds made available for purposes of civil defense, as may be necessary to carry out the purposes of this chapter;

    (6) To cooperate with governmental and nongovernmental agencies, organizations, associations, and other entities, and coordinate the activities of all organizations for civil defense within the District;

    (7) To accept from the United States or from any officer or agency thereof all facilities, supplies, and funds that may from time to time be offered to the District of Columbia, and to agree to such terms, conditions, rules, and regulations as may be imposed in connection with such offer;

    (8) To utilize the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the District to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and supply such equipment, supplies, and facilities to the said Director upon request, and, when authorized by the Mayor, appropriations available to the District of Columbia may be used to match financial contributions made by any department or agency of the United States to the government of the District for the purchase of civil defense equipment and supplies;

    (9) To perform such other functions as may be assigned by the Mayor of the District of Columbia.

    (Aug. 11, 1950, 64 Stat. 439, ch. 686, § 3; Apr. 5, 1952, 66 Stat. 44, ch. 159, § 1; Oct. 26, 1973, Pub. L. 93-140, § 17, 87 Stat. 507; June 28, 1977, D.C. Law 2-12, § 6(c), 24 DCR 1442; Mar. 3, 1979, D.C. Law 2-139, § 3205(tt), 25 DCR 5740; Mar. 14, 2007, D.C. Law 16-262, § 101(c), 54 DCR 794.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 6-1405.

    1973 Ed., § 6-1203.

    Effect of Amendments

    D.C. Law 16-262, in the introductory paragraph, substituted "Homeland Security and Emergency Management Agency" for "Office of Emergency Preparedness".

    Legislative History of Laws

    Law 2-12, the "Volunteers Services Act of 1977," was introduced in Council and assigned Bill No. 2-87, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on March 22, 1977 and April 5, 1977, respectively. Signed by the Mayor on April 26, 1977, it was assigned Act No. 2-33 and transmitted to both Houses of Congress for its review.

    Law 2-139, the "District of Columbia Government Comprehensive Merit Personnel Act of 1978," was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.

    For Law 16-262, see notes following § 7-2202.

    References in Text

    Pursuant to Mayor's Order 98-198 (46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency.

    Change in Government

    This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

    Miscellaneous Notes

    Office of Civil Defense abolished: See Historical and Statutory Notes following § 7-2202.

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  • Neither the District of Columbia nor any volunteer agency in the service of said District nor, except in cases of willful misconduct or gross negligence, any officer, agent, or employee of the District of Columbia or volunteer agency, or any regularly appointed volunteer worker, engaged in civil defense activities, while complying with or attempting to comply with any provision of this chapter or of any rule, regulation, or order issued pursuant to this chapter, shall be liable to any person, whether or not such person is engaged in civil defense, for death, injury, or property damage resulting therefrom. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under any workmen's compensation law, or under any pension, retirement, or disability law, nor the right of any such person to receive any benefits or compensation under any other act of Congress.

    (Aug. 11, 1950, 64 Stat. 440, ch. 686, § 4.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 6-1406.

    1973 Ed., § 6-1204.

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  • Appropriations for carrying out the purposes of this chapter are hereby authorized.

    (Aug. 11, 1950, 64 Stat. 440, ch. 686, § 5.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 6-1407.

    1973 Ed., § 6-1205.

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  • The Homeland Security and Emergency Management Agency, through the Mayor of the District of Columbia, shall submit to the Senate and House of Representatives on the 1st day of each regular session of the Congress a report of its activities and expenditures under this chapter.

    (Aug. 11, 1950, 64 Stat. 440, ch. 686, § 6; Mar. 14, 2007, D.C. Law 16-262, § 101(d), 54 DCR 794.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 6-1408.

    1973 Ed., § 6-1206.

    Effect of Amendments

    D.C. Law 16-262, substituted "Homeland Security and Emergency Management Agency" for "Office of Emergency Preparedness".

    Legislative History of Laws

    For Law 16-262, see notes following § 7-2202.

    References in Text

    Pursuant to Mayor's Order 98-198 (46 DCR 240) pub. January 8, 1999, the name of the Office of Emergency Preparedness has been changed to the D.C. Emergency Management Agency.

    Change in Government

    This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

    Miscellaneous Notes

    Office of Civil Defense abolished: See Historical and Statutory Notes following § 7-2202.

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  • (a) The Mayor of the District of Columbia is authorized to enter into and execute on behalf of the District of Columbia interstate civil defense compacts with the states, substantially in the form set forth in this subsection. The form of compact set forth in this subsection may include, in lieu of the 2nd sentence of Article 3 thereof, the following: "Each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges, and immunities as are extended to the civil defense forces of such state."

    FORM OF INTERSTATE COMPACT

    The contracting States solemnly agree:

    Article 1. The purpose of this compact is to provide mutual aid among the States in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full, and effective utilization of the resources of the respective States, including such resources as may be available from the United States Government or any other source, are essential to the safety, care, and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment, or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil-defense agencies or similar bodies of the States that are parties hereto. The Directors of Civil Defense of all party States shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact.

    Article 2. It shall be the duty of each party State to formulate civil-defense plans and programs for application within such State. There shall be frequent consultation between the representatives of the States and with the United States Government and the free exchange of information and plans, including inventories of any material and equipment available for civil defense. In carrying out such civil-defense plans and programs the party States shall so far as possible provide and follow uniform standards, practices, and rules and regulations including --

    (a) Insignia, arm bands, and any other distinctive articles to designate and distinguish the different civil-defense services;

    (b) Blackouts and practice blackouts, air-raid drills, mobilization of civil-defense forces, and other tests and exercises;

    (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;

    (d) The effective screening or extinguishing of all lights and lighting devices and appliances;

    (e) Shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services;

    (f) All materials or equipment used or to be used for civil-defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party State;

    (g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks;

    (h) The safety of public meetings or gatherings; and

    (i) Mobile support units.

    Article 3. Any party State requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided, that it is understood that the State rendering aid may withhold resources to the extent necessary to provide reasonable protection for such State. Each party State shall extend to the civil-defense forces of any other party State, while operating within its State limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving State), duties, rights, privileges, and immunities as if they were performing their duties in the State in which normally employed or rendering services. Civil-defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil-defense authorities of the State receiving assistance.

    Article 4. Whenever any person holds a license, certificate, or other permit issued by any State evidencing the meeting of qualifications for professional, mechanical, or other skills, such person may render aid involving such skill in any party State to meet an emergency or disaster and such State shall give due recognition to such license, certificate, or other permit as if issued in the State in which aid is rendered.

    Article 5. No party State or its officers or employees rendering aid in another State pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

    Article 6. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more States may differ from that appropriate among other States party hereto, this instrument contains elements of a broad base common to all States, and nothing herein contained shall preclude any State from entering into supplementary agreements with another State or States. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation, and communications personnel, equipment, and supplies.

    Article 7. Each party State shall provide for the payment of compensation and death benefits to injured members of the civil-defense forces of that State and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such State.

    Article 8. Any party State rendering aid in another State pursuant to this compact shall be reimbursed by the party State receiving such aid for any loss or damage to, or expense incurred in the operation of, any equipment answering a request for aid and for the cost incurred in connection with such requests; provided, that any aiding party State may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party State without charge or cost; and provided further, that any two or more party States may enter into supplementary agreements establishing a different allocation of costs as among those States. The United States Government may relieve the party State receiving aid from any liability and reimburse the party State supplying civil-defense forces for the compensation paid to and the transportation, subsistence, and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the State and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment, or facilities so utilized or consumed.

    Article 9. Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party States and the various local civil-defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party State receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines, and medical care and like items. Such expenditures shall be reimbursed by the party State of which the evacuees are residents, or by the United States Government, under plans approved by it. After the termination of the emergency or disaster the party State of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.

    Article 10. This compact shall be available to any State, territory, or possession of the United States, and the District of Columbia. The term "State" may also include any neighboring foreign country or province or state thereof.

    Article 11. The committee established pursuant to Article 1 of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States Government may attend meetings of such committee.

    Article 12. This compact shall become operative immediately upon its ratification by any State as between it and any other State or States so ratifying and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party States and with the Civil Defense Agency and other appropriate agencies of the United States Government.

    Article 13. This compact shall continue in force and remain binding on each party State until the legislature or the Governor of such party State takes action to withdraw therefrom. Such action shall not be effective until 30 days after notice thereof has been sent by the Governor of the party State desiring to withdraw to the Governors of all other party States.

    Article 14. This compact shall be construed to effectuate the purposes stated in Article 1 hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

    (b) Notwithstanding the provisions of the Federal Civil Defense Act of 1950 (50 U.S.C. App., § 2251 et seq.), the consent of Congress is hereby granted to each compact entered into by the District of Columbia with any state pursuant to the provisions of this section.

    (c) Whenever any such compact becomes operative by ratification of the parties thereto, such compact shall have the force and effect of law.

    (d) As used in this section the word "state" includes the territories and possessions of the United States and the District of Columbia and with respect to the District of Columbia the word "Governor" means the Mayor of the District of Columbia.

    (Apr. 22, 1954, 68 Stat. 62, ch. 172, §§ 1-4.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 6-1409.

    1973 Ed., § 6-1207.

    Change in Government

    This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

    Complementary Legislation

    Ala.--Code 1975, § 31-9-7.

    Ariz.--A.R.S. § 26-309 note.

    Ark.--A.C.A. §§ 12-76-101, 12-76-102.

    Cal.--West's Ann.Cal.Gov.Code, §§ 177 to 178.5.

    Del.--20 Del.C. §§ 3301, 3302.

    D.C.--D.C. Official Code, 2001 Ed. § 7-2209.

    Kan.--K.S.A. 48-3201, 48-3202.

    La.--LSA-R.S. 29:721 to 29:738.

    Maine--37-B M.R.S.A. §§ 901 to 915.

    Md.--Code, Public Safety, §§ 14-601 to 14-605.

    Mich.--M.C.L.A. § 30.261.

    Neb.--R.R.S. 1943, § A1-109.

    Nev.--N.R.S. 415.010.

    N.J.--N.J.S.A. 38A:20-3.

    N.Y.--McKinney's Unconsol.Laws, §§ 9231 to 9233.

    Pa.--35 Pa.C.S.A. § 7111.

    R.I.--Gen.Laws. 1956, § 30-15-14.

    S.C.--Code 1976, §§ 25-9-10, 25-9-20.

    Tenn.--T.C.A. § 58-2-402.

    U.S.--Jan. 12, 1951, ch. 1228, 64 Stat. 1249.

    Utah--U.C.A. 1953, 39-5-1 to 39-5-3.

    Virgin Islands--23 V.I.C. § 1128.