Code of the District of Columbia

§ 2–539. Definitions.

*NOTE: This section includes amendments by temporary legislation that will expire on October 27, 2021. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*

(a) For the purposes of this subchapter, the following terms shall have the same meanings as provided in § 2-502:

(1) “Adjudication”;

(2) “Agency”;

(3) “Council”;

(4) “District”;

(5) ”Mayor”;

(6) “Order”;

(7) “Party”;

(8) “Person”;

(9) “Proceedings”;

(10) “Public record”;

(11) “Relief”;

(12) “Rule”; and

(13) “Rulemaking”.

(b) For the purposes of this subchapter, the term:

(1) “Critical infrastructure” means existing and proposed infrastructure systems and assets, whether physical or virtual, so vital to the District of Columbia or the United States that the incapacity or destruction of the infrastructure system or asset could jeopardize the physical security, economic security, health, safety, or welfare of the public.

(2) “Critical infrastructure information” means information not customarily in the public domain that is related to the security of critical infrastructure of companies that are regulated by the Public Service Commission of the District of Columbia, including information regarding:

(A) Actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates federal or District of Columbia laws, harms interstate commerce of the United States or the economy of the District of Columbia, or threatens public health or safety;

(B) The ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation, risk-management planning, or risk audit; or

(C) Any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to such interference, compromise, or incapacitation.

(c) For the purposes of this subchapter, the term:

(1) "COVID-19 closure" means:

(A) A period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01; or

(B) A period of time during which a public body is closed due to the COVID-19 coronavirus disease, as determined by the personnel authority of the public body.

(2) "Initial COVID-19 closure" means March 11, 2020 through January 15, 2021.


(Oct. 21, 1968, Pub. L. 90-614, title II, § 209; as added Mar. 29, 1977, D.C. Law 1-96, § 2, 23 DCR 3744; Feb. 26, 2015, D.C. Law 20-160, § 2(b), 61 DCR 10735; Mar. 16, 2021, D.C. Law 23-267, § 2(c), 68 DCR 001190.)

Prior Codifications

1981 Ed., § 1-1529.

1973 Ed., § 1-1529.

Section References

This section is referenced in § 4-1301.52.

Effect of Amendments

The 2015 amendment by D.C. Law 20-160 designated the existing provisions as (a) and rewrote (a); and added (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(c) of FOIA Tolling Emergency Amendment Act of 2020 (D.C. Act 23-555, Dec. 22, 2020, 68 DCR 00136).

For temporary (90 days) amendment of this section, see § 808(c) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).

For temporary (90 days) amendment of this section, see § 2(b) of the Critical Infrastructure Freedom of Information Emergency Amendment Act of 2013 (D.C. Act 20-229, November 29, 2013, 60 DCR 16788, 20 DCSTAT 2630).

For temporary (90 days) amendment of this section, see § 2(b) of the Critical Infrastructure Freedom of Information Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-285, February 20, 2014, 61 DCR 1603).

For temporary (90 days) amendment of this section, see § 2(b) of the Critical Infrastructure Freedom of Information Second Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-459, Oct. 24, 2014, 61 DCR 11374, 20 STAT 4364).

For temporary (90 days) amendment of this section, see § 2(b) of the Critical Infrastructure Freedom of Information Third Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-580, Jan. 13, 2015, 62 DCR 1264, 21 STAT 730).

Temporary Legislation

For temporary (225 days) , see § 2(c) of FOIA Tolling Temporary Amendment Act of 2020 (D.C. Law 23-267, Mar. 16, 2021, 68 DCR 001190).

For temporary (225 days) amendment of this section, see § 808(c) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 days) amendment of this section, see § 2(b) of the Critical Infrastructure Freedom of Information Temporary Amendment Act of 2013 (D.C. Law 20-71, February 22, 2014, 61 DCR 27).

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.