§ 7–2271.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Agency” means the Homeland Security and Emergency Management Agency.
(2) “Commission” means the Homeland Security Commission established by § 7-2271.02.
(3) “Director” means the Director of the Homeland Security and Emergency Management Agency.
§ 7–2271.02. Establishment of District of Columbia Homeland Security Commission; membership.
(a) There is established a District of Columbia Homeland Security Commission, which shall consist of 7 persons with expertise in security, transportation, communication, chemical safety, risk assessment, terrorism (including bioterrorism), or occupational safety and health.
(b)(1) Commission members shall be nominated by the Mayor and confirmed by the Council for terms of 3 years, in accordance with § 1-523.01(e), except that initially 4 Commission members shall be appointed to a 3-year term and 3 Commission members shall be appointed to a 2-year term.
(2) The Mayor shall establish through rulemaking that Commission members shall be subject to pre-nomination inquiries and security-clearance requirements.
(3) 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.
(4) Commission member’s terms shall be staggered so that either 4 positions or 3 positions will expire on the year’s anniversary date.
(c) Members shall receive no salary for their service on the Commission but shall be reimbursed for administrative costs associated with membership.
(d) The Agency shall provide staff to the Commission.
Effect of Amendments
The 2013 amendment by D.C. Law 19-320 added “except that initially 4 Commission members shall be appointed to a 3-year term and 3 Commission members shall be appointed to a 2-year term” at the end of (b)(1); and made a related change.
For temporary amendment of (b)(1), see § 508 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).
For temporary (90 days) amendment of this section, see § 508 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).
§ 7–2271.03. Responsibilities.
(a) The Commission shall:
(1) Gather and evaluate information on the status of homeland security in the District of Columbia;
(2) Measure progress and gaps in homeland security preparedness;
(3) Recommend security improvement priorities in consultation with major public and private entities; and
(4) Advise the District of Columbia government on the Homeland Security Program.
(b) The Director may submit to the Commission and the Commission may request from the Director for periodic review, after-action reports on District of Columbia and other governmental homeland security exercises, assessments of regional homeland security efforts, and other documents relevant to the Commission’s responsibilities.
(c) The Commission, in consultation with the Director, shall use any information collected under this subchapter to make recommendations for improvements in security and preparedness.
§ 7–2271.04. Confidentiality of proceedings.
(a) Commission proceedings shall be closed to the public and shall not be subject to § 1-207.42 when the Committee is discussing specific public and private vulnerability assessments or where the information discussed would:
(1) Reveal a trade secret or privileged or confidential commercial or financial information; or
(2) Be detrimental to public safety.
(b)(1) Persons other than Commission members who attend any Commission meeting which, pursuant to this section, is not open to the public, shall not disclose what occurred at the meeting to anyone who was not in attendance, except insofar as disclosure is necessary for that person to comply with a request for information from the Commission.
(2) Commission members who attend meetings not open to the public shall not disclose what occurred with anyone who was not in attendance (except other Commission members), except insofar as disclosure is necessary to carry out the duties of the Commission.
(3) Any party who discloses information pursuant to this subsection shall take all reasonable steps to ensure that the information disclosed, and the person to whom the information is disclosed, are as limited as possible.
(c) Members of the Commission, persons attending a Commission meeting, and persons who present information to the Commission may not be required to disclose, in any administrative, civil, or criminal proceeding, information presented at or opinions formed as a result of a Commission meeting.
This section is referenced in § 2-534.
§ 7–2271.05. Confidentiality of information.
(a) All information and records generated by the Commission, including statistical compilations and reports, and all information and records acquired by, and in the possession of, the Commission are confidential.
(b) Except as permitted by this section, information and records of the Commission shall not be disclosed voluntarily, pursuant to a subpoena, in response to a request for discovery in any adjudicative proceeding, or in response to a request made under subchapter II of Chapter 5 of Title 2 [§ 2-531 et seq.], nor shall it be introduced into evidence in any administrative, civil, or criminal proceeding.
(c) Commission information and records may be disclosed only as necessary to carry out the Commission’s duties and purposes. The information and records may be disclosed by the Commission to another Homeland Security Commission if the other commission is governed by confidentiality provisions which afford the same or greater protections as those provided in this subchapter.
(d) Information and records presented to the Commission shall not be immune from subpoena or discovery, or prohibited from being introduced into evidence, solely because the information and records were made available to the Commission, if the information and records could have been obtained through other sources.
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in subsec. (c).
§ 7–2271.06. Records.
All records and information obtained by the Commission pursuant to this subchapter shall be destroyed by the Commission one year after publication of the Commission’s annual report.
§ 7–2271.07. Report to the Mayor, Council, and the public.
The Commission shall report on an annual basis to the Mayor and Council on the work of the Commission and areas of the Homeland Security Program in need of improvement and shall make the annual report available to the public.
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction.