Sec. 7302. NATIONAL CAPITAL REGION MUTUAL AID
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## SEC. 7302 NATIONAL CAPITAL REGION MUTUAL AID **[**[42 U.S.C. 5196 note](/us/usc/t42/s5196)**]** ###
(a)Definitions In this section: ####
(1)Authorized representative of the federal government The term “**authorized representative of the Federal Government**” means any individual or individuals designated by the President with respect to the executive branch, the Chief Justice with respect to the Federal judiciary, or the President of the Senate and Speaker of the House of Representatives with respect to Congress, or their designees, to request assistance under a mutual aid agreement for an emergency or public service event. ####
(2)Chief operating officer The term “**chief operating officer**” means the official designated by law to declare an emergency in and for the locality of that chief operating officer. ####
(3)Emergency The term “**emergency**” means a major disaster or emergency declared by the President, or a state of emergency declared by the mayor of the District of Columbia, the Governor of the State of Maryland or the Commonwealth of Virginia, or the declaration of a local emergency by the chief operating officer of a locality, or their designees, that triggers mutual aid under the terms of a mutual aid agreement. ####
(4)Employee The term “**employee**” means the employees of the party who are committed in a mutual aid agreement to prepare for or who respond to an emergency or public service event. ####
(5)Locality The term “**locality**” means a county, city, town, or other governmental agency, governmental authority, or governmental institution with the power to sue or be sued in its own name, within the National Capital Region. ####
(6)Mutual aid agreement The term “**mutual aid agreement**” means an agreement, authorized under subsection (b), for the provision of police, fire, rescue and other public safety and health or medical services to any party to the agreement during a public service event, an emergency, or pre-planned training event. ####
(7)National capital region or region The term “**National Capital Region**” or “Region” means the area defined under section 2674(f)(2) of title 10, United States Code, and those counties with a border abutting that area and any municipalities therein. ####
(8)Party The term “**party**” means the State of Maryland, the Commonwealth of Virginia, the District of Columbia, and any of the localities duly executing a Mutual Aid Agreement under this section. ####
(9)Public service event The term “**public service event**”— #####
(A)means any undeclared emergency, incident or situation in preparation for or response to which the mayor of the District of Columbia, an authorized representative of the Federal Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the chief operating officer of a locality in the National Capital Region, or their designees, requests or provides assistance under a Mutual Aid Agreement within the National Capital Region; and #####
(B)includes Presidential inaugurations, public gatherings, demonstrations and protests, and law enforcement, fire, rescue, emergency health and medical services, transportation, communications, public works and engineering, mass care, and other support that require human resources, equipment, facilities or services supplemental to or greater than the requesting jurisdiction can provide. ####
(10)State The term “**State**” means the State of Maryland, the Commonwealth of Virginia, and the District of Columbia. ####
(11)Training The term “**training**” means emergency and public service event-related exercises, testing, or other activities using equipment and personnel to simulate performance of any aspect of the giving or receiving of aid by National Capital Region jurisdictions during emergencies or public service events, such actions occurring outside actual emergency or public service event periods. ###
(b)Mutual Aid Authorized ####
(1)In general The mayor of the District of Columbia, any authorized representative of the Federal Government, the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, or the chief operating officer of a locality, or their designees, acting within his or her jurisdictional purview, may, in accordance with State law, enter into, request or provide assistance under mutual aid agreements with localities for— #####
(A)law enforcement, fire, rescue, emergency health and medical services, transportation, communications, public works and engineering, mass care, and resource support in an emergency or public service event; #####
(B)preparing for, mitigating, managing, responding to or recovering from any emergency or public service event; and #####
(C)training for any of the activities described under subparagraphs
(A)and (B). ####
(2)Facilitating localities The State of Maryland and the Commonwealth of Virginia are encouraged to facilitate the ability of localities to enter into interstate mutual aid agreements in the National Capital Region under this section. ####
(3)Application and effect This section— #####
(A)does not apply to law enforcement security operations at special events of national significance under section 3056(e) of title 18, United States Code, or other law enforcement functions of the United States Secret Service; #####
(B)does not diminish any authorities, express or implied, of Federal agencies to enter into mutual aid agreements in furtherance of their Federal missions; and #####
(C)does not— ######
(i)preclude any party from entering into supplementary Mutual Aid Agreements with fewer than all the parties, or with another party; or ######
(ii)affect any other agreement in effect before the date of enactment of this Act among the States and localities, including the Emergency Management Assistance Compact. ####
(4)Rights described Other than as described in this section, the rights and responsibilities of the parties to a mutual aid agreement entered into under this section shall be as described in the mutual aid agreement. ###
(c)District of Columbia ####
(1)In general The District of Columbia may purchase liability and indemnification insurance or become self insured against claims arising under a mutual aid agreement authorized under this section. ####
(2)Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). ###
(d)Liability and Actions at Law ####
(1)In general Any responding party or its officers, employees, or agents rendering aid or failing to render aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement authorized under this section, and any party or its officers, employees, or agents engaged in training activities with another party under such a mutual aid agreement, shall be liable on account of any act or omission of its officers, employees, or agents while so engaged or on account of the maintenance or use of any related equipment, facilities, or supplies, but only to the extent permitted under the laws and procedures of the State of the party rendering aid. ####
(2)Actions Any action brought against a party or its officers, employees, or agents on account of an act or omission in the rendering of aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, or failure to render such aid or on account of the maintenance or use of any related equipment, facilities, or supplies may be brought only under the laws and procedures of the State of the party rendering aid and only in the Federal or State courts located therein. Actions against the United States under this section may be brought only in Federal courts. ####
(3)Immunities This section shall not abrogate any other immunities from liability that any party has under any other Federal or State law. ###
(e)Workers Compensation ####
(1)Compensation Each party shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that party and representatives of deceased members of such forces if such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement, or engaged in training activities under a mutual aid agreement, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction. ####
(2)Other state law No party shall be liable under the law of any State other than its own for providing for the payment of compensation and death benefits to injured members of the emergency forces of that party and representatives of deceased members of such forces if such members sustain injuries or are killed while rendering aid to the District of Columbia, the Federal Government, the State of Maryland, the Commonwealth of Virginia, or a locality, under a mutual aid agreement or engaged in training activities under a mutual aid agreement. ###
(f)Licenses and Permits If any person holds a license, certificate, or other permit issued by any responding party evidencing the meeting of qualifications for professional, mechanical, or other skills and assistance is requested by a receiving jurisdiction, such person will be deemed licensed, certified, or permitted by the receiving jurisdiction to render aid involving such skill to meet a public service event, emergency or training for any such events.
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Sec. 7302
NATIONAL CAPITAL REGION MUTUAL AID
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