Skip to content

Volume 56 · 741

Public Law 77–548

To amend the Act entitled “An Act to authorize black-outs in the District of Columbia, and for other purposes”, approved December 26, 1941, and for other purposes.

Approved August 6, 1942

Statutory text

AN ACT

To amend the Act entitled “An Act to authorize black-outs in the District of Columbia, and for other purposes”, approved December 26, 1941, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That the first paragraph of section 9 of the Act entitled “An Act to authorize black-outs in the District of Columbia, and for other purposes”, approved December 26, 1941, be amended to read as follows:

“Sec. 9.

During the existence of a state of war between the United States and any foreign country or nation, the Commissioners of the District of Columbia are authorized and empowered, without regard to the provisions of any other law, to take such measures as they may deem necessary for the adequate protection of persons and property in the District of Columbia and to make such orders, rules, and regulations as they may deem necessary to carry out the foregoing authority. The power hereby granted shall include but not be limited to the following:

“(a)

To establish, in the government of the District of Columbia, units and organizations for civilian defense, and to utilize any or all existing voluntary units or organizations together with their personnel or any part or parts thereof; to vest members thereof with authority to carry out such functions as may be necessary to effectuate the purposes of this Act including such powers and duties of the standing police force of the District of Columbia as the Commissioners may designate; and to make such orders and regulations as they may deem necessary to govern the establishment, maintenance, and operation of such units and organizations and the discipline of the members thereof.

“(b)

To use, for the purposes of this Act, such regular employees of the government of the District of Columbia as they deem necessary.

“(c)

To temporarily requisition, enter upon, take possession of, and use private property of every kind and nature and any rights therein as may in their opinion be necessary for the location, installation, maintenance, and operation of facilities and devices suitable for defense purposes, and to ascertain and pay just compensation for such use of private property, and if the amount of compensation so determined be not satisfactory to the person entitled to receive the same such property may nevertheless be used immediately and such person shall be paid 50 per centum of the amount so determined and shall be entitled to sue the District of Columbia to recover such further sum as, added to said 50 per centum, will make up such amount as will be just compensation for such use.

“(d)

To accept from the United States and from any officer or

Acceptance of facilities. etc., from U. S.

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.

“(e)

To borrow money from the Treasury of the United States,

Authority to borrow money.

Post, p. 742.

Additional emergency obligations.

not exceeding $2,000,000, and to expend the same for defense purposes. In addition thereto, in the event of an emergency, to obligate the District of Columbia for the payment of any and all supplies, equipment, materials, food, and whatever else may be necessary for the purpose of preventing and alleviating suffering to persons and preventing the spread of disease in said District.

“(f)

Within the limits of money borrowed as herein provided, and

Equipment, etc.

of money appropriated, to store, maintain, operate, use, purchase and rent equipment, materials, and supplies of all kinds and to employ

Personal.

such personnel as the Commissioners may deem necessary.

“(g)

From the money herein authorized to be borrowed, to expend

Medical expenses.

in the discretion of the Commissioners for hospital and other medical expenses for the treatment of members of civilian defense units and organizations injured in line of duty not to exceed $100,000.

“(h)

To accept the use of private property, and during such

Acceptance of use of private property.

Motor vehicles.

periods of time that any privately owned motor vehicle is used by the District of Columbia under the authority of this section the operator thereof shall not be deemed or held to be the agent of the owner of such vehicle within the meaning of the Act entitled ‘An Act to promote safety on the public highways of the District of Columbia by providing for the financial responsibility of owners and operators of motor vehicles for damages caused by motor vehicles on the public highways in the District of Columbia; to prescribe penalties for the violation of the provisions of this Act, and for other purposes’,

49 Stat. 106.

D. C. Code § 40–403.

approved May 3, 1935.”

Sec. 2.

That the Act entitled “An Act to authorize black-outs in

New sections.

55 Stat. 858.

D. C. Code, Supp. I, §§ 6–1001 to 6–1010.

the District of Columbia, and for other purposes”, approved December 26, 1941, be further amended by adding thereto the following new sections:

“Sec. 11.

Neither the District of Columbia nor any officer, agent,

Damages sustained by volunteers.

or employee of said District shall be liable to any person who has heretofore or who may hereafter volunteer for service with said District or with any agency for civilian defense in the District of Columbia or elsewhere for any damage sustained by such person in the course of or arising out of any such volunteer service.

“Sec. 12.

Neither the District of Columbia nor any officer, agent,

Damages resulting from enforcement.

employee, or regularly appointed volunteer worker in the service of said District, nor any individual, receiver, firm, partnership, corporation, association, or trustee, or any of the agents thereof, in good faith and without willful or gross negligence carrying out, complying with, enforcing or attempting to carry out, comply with, or enforce this Act or any order, rule, or regulation issued or promulgated pursuant to this Act, shall be liable for any damage sustained to any persons or property as the result of such activity.

“Sec. 13.

The power and duties conferred upon the Commissioners

Military and naval powers, non-limitation.

of the District of Columbia by this or any other Act shall not affect, impair, limit, or interfere with the powers of the military or naval authorities with respect to the control and disposition of military or naval personnel or of civilians, or with respect to any other military or naval activity or duty.”

Sec. 3.

The Secretary of the Treasury is hereby authorized to loan to the Commissioners of the District of Columbia such sum or sums

Ante, p. 741.

as are authorized by the first paragraph of said section 9, as amended,

Appropriation

and in addition to amounts heretofore appropriated there is hereby appropriated for this purpose the further sum of $1,000,000, out of any money in the Treasury of the United States to the credit of the United States not otherwise appropriated.

Sec. 4.

The Secretary of the Treasury shall be repaid moneys loaned

Ante, p. 741.

under authority of section 9 of the Act of December 26, 1941, as amended by this Act, in annual installments over a period of not to exceed ten years, with interest thereon beginning July 1, 1943, for the period of amortization: Provided, That such interest shall be at

Provisos.

Interest rate.

such rate as would, in the opinion of the Secretary of the Treasury, be the lowest interest rate available to the District of Columbia on the date of the approval of this Act were said District authorized by law to issue and sell obligations to the public, at the par value thereof, in a sum equal to the repayable amounts of such advances, maturing serially over a period of ten years in approximately equal annual installments, including both principal and interest, and secured by a first pledge of and lien upon all the general-fund revenues

Inclusion in annual estimates.

of said District: Provided further, That such sums as may be necessary for the reimbursement herein required of the District of Columbia, and for the payment of interest, shall be included in the annual estimates of the Commissioners, the first reimbursement to be made on July 1, 1944.

Approved, August 6, 1942.

Parsed from the official Statutes at Large USLM XML in 56.xml