Bill Summary – FastDemocracy

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Muriet Bowser

      Mayor

                                                                                              gl

 The Honorable Phil Mendelson, Chairman

 Councilof the District of Columbia

 1350 Pennsylvania Ave., NW, Suite 506

 Washington, D.C. 20004

 Dear Chairman Mendelson:

 Enclosed for consideration and approval is a measure entitled the District of Columbia

 Government Continuity of Operations Plans Amendment Act of 2019.

 The enclosed measure will help to ensure that District government services are able to continue

 after an emergency, event, or outage. The bill will amend the District of Columbia Homeland

 Security and Emergency Management Agency's (HSEMA) enabling statute, entitled An Act to

 authorize the District of Columbia government to establish an OfficeofCivil Defense, to

 require both subordinate and independent agencies of the District of Columbia to work with the

 HSEMA to develop, update, and regularly exercise Continuity of Operations Plans. I urge

 prompt consideration and approvalofthis measure.

 If you have any questions on this matter, please contact Chris Rodriguez, Director, District of

 Columbia Homeland Security and Emergency Management Agency, at (202) 481-3180.

 Ei

Bene

                                                                                 Chairman Phil Mendelson

                                                                                at the requestof the Mayor

                                                      ABILL

                            IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 10     To amend An Act To authorize the District of Columbia government to establish an Office of

 uw           Civil Defense, and for other purposes, to require District government agencies to work

 12           with the Homeland Security and Emergency Management Agency to develop, update,

 13           and regularly exercise continuity of operations plans.

 14

 15              BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 16     act may be cited as the District Government Continuity of Operations Plans Amendment Act of

 7      2019,

 18              Sec. 2. An Act To authorize the District of Columbia government to establish an Office

 19    ofCivil Defense, and for other purposes, approved August 11, 1950 (64 Stat. 438; D.C. Official

 20     Code  7-2231.01 ef seq.), is amended by adding a new section 211 to read as follows:

2a             See. 211. District government continuityofoperations plans.

22               (a) The Agency shall coordinate the development of COOPs for all District government

23      agencies, including each subordinate agency and independent agency

24               (b) The Agency shall:

25                      (1) Develop and regularly update a COOP template and COOP guidance for all

26      District government agencies;

27                      (2) Assist District government agencies in carrying out the agencies

28      responsibilities under this section; and

29                  (3) Track the status of District government agencies COOP plans and the

30   agencies compliance with their responsibilities under this section.

31          () Each subordinate agency and independent agency that has not previously submitted a

32   COOP to the Agency before the effective date of this act shall submit a COOP to the Agency by

33   September 1, 2020.

            (d) Each subordinate agency and independent agency shall by July 1 of each year

35   conduct an exercise of the agencys COOP and conduct an appropriate after-action review

36   process. The after-action review process shall include the preparationof a report describing any

37   deficiencies in the COOP identified as a result of the exercise and any revisions to the COOP

38   that the agency determines are necessary based on the results of the exercise.

39          (e) Each subordinate agency and independent agency shall annually, on or before

40   September 1:

41                  (1)(A)(i) Update the agencys COOPif necessary to conform to the template

42   produced by the Agency, to address any deficiency in the agencys COOP identified through the

43   exercise conducted pursuant to subsection (f) of this section, or to make any other modifications

     to the COOP that the agency determines are appropriate;

45                                 (ii) Prepare a report describing the updates to the COOP; and

46                                 (iii) Submit the updated COOP and the report to the Agency; or

47                         (B) Submit to the Agency a statement that no updates to the agencys

48   COOP are necessary; and

49                  (2) Designate or re-designate an employce of the agency to serve as the agencys

50   COOP coordinator, who shall be responsible for carrying out the responsibilities set forth in

51    subsection (d)ofthis section, and submit the name and contact informationofthe agencys

52    COOP coordinator to the Agency.

53           (f) An agency COOP coordinator designated under subsections (d) and (e)ofthis

54    section shall be responsible for:

55           (1) Serving asa liaison between the COOP coordinators agency and the Agency;

56           (2) Ensuring their agency complies with each of the agency requirements detailed under

357   subsection (e) of this section; and

58           (3) Maintaining a current copy of their agency COOP plan for agency use.

59           (g) For the purposesofthis section, the term:

                     (1) Agency means any unitofthe District government required by law, by the

61    Mayor, or by the Council to administer any law, rule, regulation, policy, or procedure.

62                   (2) COOP means continuityofoperations plan.

63                   (3) Independent agency means any District government agency that is not

      under the direct administrative controlof the Mayor, including the Council, the Superior Court of

65    the District of Columbia, and the District of Columbia Court of Appeals.

                     (4) Subordinate agency means any District government agency under the

67    direct administrative control of the Mayor..

68           Sec. 3. Fiscal impact statement.

69           The Council adopts the fiscal impact statement in the committee report as the fiscal

70    impact statement required by section 4a of the General Legislative Procedures Act of 1975,

1     approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

nR           Sec. 4. Effective date.

2B          This act shall take effect following approval by the Mayor (or in the event of veto by the

74   Mayor, action by the Council to override the veto), a 30-day period of Congressional review as

75   provided by section 602(c)(1) of the District of Columbia Home Rule Act, approved December

76   24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

7    Columbia Register.

                    GOVERNMENT OF THE DISTRICT OF COLUMBIA.

                          OFFICE OF     THE ATTORNEY GENERAL

                                           xxx

                                           aaa

                                           (ae)

 ATTORNEY GENERAL

KARLA. RACINE

 Legal Counsel

 MEMORANDUM

 TO:             Alana Intrieri

                 Executive Director

                 Office of Policy and Legislative Affairs

 FROM: __ Brian K. Flowers

          Deputy Attorney General

          Legal Counsel Division

DATE:            September 11, 2019

 SUBJECT:        Legal Sufficiency Review of the District of Columbia Government

                 Continuity of Operations Plans Amendment Act of 2019

                 (AE-19-582)

 This is to Certify that this otfice has reviewed the above-

 referenced legi       n andthat we have found it to be legally sufficient.

 Ifyou have any questions in this regard, please do not hesitate to call me at 724-5565.

       24>

 Brian K. Flowers