1
____________________________ _________________________ 1
Councilmember Trayon White, Sr. Councilmember Brooke Pinto 2
3
4
______________________________ 5
Councilmember Christina Henderson 6
7
8
9
A BILL 10
11
12
_________ 13
14
15
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 16
17
__________________ 18
19
20
To amend, on a temporary basis, the District of Columbia Public Emergency Act of 1980 to 21
clarify the types of circumstances that may constitute a public emergency and to 22
authorize the Mayor to extend the duration of public emergencies related to the opioid 23
crisis and juvenile crime, to authorize the Mayor to waive the requirements of the 24
Procurement Practices Reform Act of 2010 and the Grant Administration Act of 2013 in 25
exercising her authority under the public emergencies related to the opioid crisis and 26
juvenile crime, and to require the Mayor to provide written notice to the Council before 27
engaging in conduct that would require the waiver of the Procurement Practices Reform 28
Act of 2010 or Grant Administration Act of 2013. 29
30
31
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32
act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension 33
Authorization Emergency Amendment Act of 2024”. 34
Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981 35
(D.C. Law 3-149; D.C. Official Code § 7- 2301 et seq.), is amended as follows: 36
(a) Section 2(3)(I) (D.C. Official Code § 7- 2301(3)(I)) is amended by striking the phrase 37
“communicable disease” and inserting the phrase “communicable disease, or significant 38 2
existence of a deadly or otherwise dangerous disease, disorder, condition, or activity,” in its 39
place. 40
(b) Section 7 (D.C. Official Code § 7- 2306) is amended by adding a new subsection (c-2) 41
to read as follows: 42
“(c-2)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend 43
the 15- day February 27, 2024, emergency executive order declaring a public emergency in 44
response to the opioid crisis (Mayor’s Order 2024- 035) and the 15- day February 27, 2024, 45
emergency executive order declaring a public emergency in response to juvenile crime (Mayor’s 46
Order 2024 -035) while the Opioid Crisis and Juvenile Crime Public Emergencies Extension 47
Authorization Temporary Amendment Act of 2024 i s in effect (passed on first reading on M arch 48
5, 2024) (engrossed version of B25-XXX). After the extensions authorized by this subsection, 49
the Mayor may extend the emergency orders for additional 15- day periods pursuant to subsection 50
(b) or subsection (c) of this section. 51
“(2) Notwithstanding section 5(b) (D.C. Official Code § 7- 2304(b)), the Mayor shall 52
comply with all District laws when exercising her authority pursuant to Mayor’s Order 2024-53
035, including those laws stated in Mayor’s Order 2024- 035 to be subject to waiver, suspension, 54
or modification; except, that the Mayor may waive the requirements of the Procurement 55
Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18- 371; D.C. Official Code § 56
2-354.01 et seq. ), and the Grant Administration Act of 2013, effective December 24, 2013 (D.C. 57
Law 20-61; D.C. Official Code 1- 328.11 et seq. ). 58
“(3) The Mayor shall, prior to any exercise of the authority granted by this subsection, 59
provide written notice to the Council of any waiver under paragraph (2) of this subsection. Such 60
notice shall include, at a minimum: 61 3
“(A) Citations to the law or laws being waived; and 62
“(B) In any instance where the Mayor is waiving procurement laws, a 63
summary of each proposed procurement, which summary shall include: 64
“(i) A description of the specific goods or services to be procured; 65
“(ii) The source selection method, including whether the 66
procurement was competitively sourced; 67
“(iii) The contract amount and the source of funds, whether federal 68
or local; 69
“(iv) The name and certified business enterprise status of the 70
proposed awardee; and 71
“(v) An explanation regarding why expedited procurement 72
procedures are necessary to meet the specific need identified. 73
“(4) The Mayor shall pr ovide the Council with copies of any grants awarded or 74
contracts entered into using the authority granted by this subsection no later than 15 days after 75
awarding the grant or entering into the contract. ”. 76
Sec. 3. Section 2(a) of the Opioid Crisis and Juvenile Crime Public Emergencies Extension 77
Authorization Temporary Amendment Act of 2023, effective February 2 2, 2024 (D.C. Law 25-78
126; 71 DCR 645), is repealed . 79
Sec. 4. Fiscal impact statement. 80
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 81
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 82
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 83
Sec. 5. Effective date. 84 4
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 85
the Mayor, action by the Council to override the veto), a 30- day period of congressional review 86
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 87
24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 88
Columbia Register. 89
(b) This act shall expire after 225 days of its having taken effect. 90