Part B. Homeland Security Program Implementation.
§ 7–2231.01. Findings.
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.
§ 7–2231.02. Definitions.
For the purposes of this part, the term:
(1) “Agency” means the Homeland Security and Emergency Management Agency.
(1A) "COOP" means the continuity of operations.
(1B) "COOP Coordinator" means the District government agency employee designated pursuant to § 7-2231.11(b)(1).
(1C) "COOP Plan" means the living document containing specific policy and guidance for a District government agency to ensure the District government agency can continue to perform essential functions during short-term and long-term emergencies, including localized acts of nature, accidents, and technological or attack-related emergencies.
(2) “Director” means the Director of the Homeland Security and Emergency Management Agency.
(2A) "District COOP Program Manager" means the Agency employee designated pursuant to § 7-2231.11(a)(1).
(2B) "District government agency" means a subordinate or independent agency.
(2C) "Independent agency" means any agency of the District of Columbia government that is not under the direct administrative control of the Mayor.
(3) “Program” means the Homeland Security Program created by § 7-2231.03.
[(4)] Subordinate agency" shall have the same meaning as provided in § 1-603.01(17).
§ 7–2231.03. Homeland Security Program.
(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.
§ 7–2231.04. Public information and involvement program.
(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.
§ 7–2231.05. District of Columbia government employee security training program.
(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.
§ 7–2231.06. Large building security.
(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 Buildings 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.
§ 7–2231.07. Exercises.
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.
§ 7–2231.08. Public notification of emergencies.
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.
§ 7–2231.09. Private sector vulnerability assessments and mitigation plans.
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.
§ 7–2231.10. Rules for use of surveillance cameras.
(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.
§ 7–2231.11. District government continuity of operations planning.
(a) The Agency shall coordinate COOP planning for the District government, including by:
(1) Designating a senior Agency employee to serve as the District COOP Program Manager, whose primary responsibility shall be to implement this section;
(2) Developing internal policies and procedures, including after-action reviews, for the Agency to govern its implementation of this section;
(3) Maintaining a complete and accurate list of COOP Coordinators and backup COOP Coordinators;
(4) Developing, updating, and distributing a COOP Plan template and guidance for each District government agency;
(5) Ensuring each District government agency develops, updates, and conducts exercises of its COOP Plan;
(6) Consulting with each District government agency on after-action reviews of exercises of its COOP Plan;
(7) Monitoring the status of each District government agency's COOP Plan and bringing the District government agency into compliance with subsection (b) of this section; and
(8) Submitting an annual report to the City Administrator, Deputy Mayor for Public Safety and Justice, and Council Committee with jurisdiction over the Agency on COOP planning for the District government, including:
(A) An after-action review of the Agency's implementation of this section; and
(B) For each District government agency, a description of the:
(i) Agency's implementation of this section, specifically with respect to that District government agency, since the submission of the last report; and
(ii) District government agency's compliance or noncompliance with subsection (b) of this section.
(b) Each District government agency shall work with the Agency to:
(1) Within 30 days after March 16, 2021, designate a senior employee to serve as its COOP Coordinator and an employee to serve as its backup COOP Coordinator, should the COOP Coordinator be unavailable at any time, and submit their names and contact information to the District COOP Program Manager;
(2) By October 1, 2021, develop and submit a COOP Plan that conforms with the Agency's COOP Plan template and guidance to the District COOP Program Manager;
(3) By July 1, 2022, and annually thereafter, conduct an exercise of its COOP Plan and an after-action review of the exercise, which shall include the preparation of a report, submitted to the District COOP Program Manager, describing any deficiencies in and necessary revisions to the COOP Plan identified through the exercise; and
(4) By October 1, 2022, and annually thereafter, update its COOP Plan submitted pursuant to paragraph (2) of this subsection, in coordination with the District COOP Program Manager, and re-submit the updated COOP Plan to the District COOP Program Manager.
(c) The COOP Coordinator and backup COOP Coordinator designated pursuant to subsection (b)(1) of this section shall work with the District COOP Program Manager to facilitate and ensure the District government agency's compliance with subsection (b) of this section.
(d) By January 31, 2022, the Inspector General shall audit COOP planning for the District government, including in relation to COVID-19, and submit a report to the Mayor and Council on the Inspector General's findings.
