District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0366 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
5	1
6	2		1
7		-
8		-	AN ACT
9		-
10		-	_____________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	______________________
15		-
16		-
17		-	To continue to provide, on a temporary basis, aid to newcomers in settling in the District,
18		-	obtaining healthcare and identification documents, and accessing emergency shelter
19		-	services; and to make conforming amendments to the Homeless Services Reform Act of
20		-	2005.
21		-
22		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23		-	act may be cited as the “Migrant Services and Supports Extension Temporary Amendment Act
24		-	of 2023”.
25		-
26		-	TITLE I. MIGRANT SERVICES AND SUPPORTS
27		-	Sec. 101. Migrant services and supports.
28		-	The Mayor may establish an office and administer programs to provide time-limited
29		-	services and supports to recent immigrants to the United States, including the following services
30		-	and supports:
31		-	(1) Welcome and other reception services;
32		-	(2) Food, clothing, baby supplies including formula, if baby formula is reasonably
33		-	available for purchase in the District and other necessities;
34		-	(3) Temporary shelter which:
35		-	(A) May be provided in a congregate setting; provided, that families with
36		-	minor children shall be prioritized to be housed in non-congregate shelter units; and
37		-	(B) Is maintained in a safe, clean, and sanitary condition that meets all
38		-	applicable District health, sanitation, fire, building, and zoning codes for residential dwellings.
39		-	(4) Medical services, including health insurance;
40		-	(5) Relocation services; including:
41		-	(A) Services associated with traveling to a secondary destination outside
42		-	of the District; and
43		-	(B) Services associated with settling recent immigrants in the District
44		-	when a person intends to make the District their permanent home.
45		-	(6) Cash assistance for food and other necessities, transportation, relocation, and
46		-	other identified needs; and ENROLLED ORIGINAL
47		-
48		-
49		-
50		-
	3	+	_________________________ 1
	4	+	Councilmember Brooke Pinto 2
	5	+	3
	6	+	4
	7	+	A PROPOSED RESOLUTION 5
	8	+	6
	9	+	_______________ 7
	10	+	8
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
	12	+	10
	13	+	________________________ 11
	14	+	12
	15	+	13
	16	+	To declare the existence of an emergency, due to congressional review, with respect to the need 14
	17	+	to amend the Office of Administrative Hearings Establishment Act of 2001 to provide for 15
	18	+	the jurisdiction of the Office of Administrative Hearings to include certain cases to be 16
	19	+	decided under the Firearms Control Regulations Act of 1975; and to make conforming 17
	20	+	amendments. 18
	21	+	19
	22	+	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20
	23	+	resolution may be cited as the “Office of Administrative Hearings Jurisdiction Congressional 21
	24	+	Review Emergency Declaration Resolution of 2023”. 22
	25	+	Sec. 2. (a) On June 6, 2023, the Council passed the Office of Administrative Hearings 23
	26	+	Jurisdiction Emergency Amendment Act of 2023, effective June 27, 2023 (D.C. Act 25-138; 70 24
	27	+	DCR 9069) (“emergency act”), which expires on September 25, 2023. 25
	28	+	(b) On June 20, 2023, the Council passed the Office of Administrative Hearings 26
	29	+	Jurisdiction Temporary Amendment Act of 2023, enacted on July 10, 2023 (D.C. Act 25-158; 70 27
	30	+	DCR 9691) (“temporary act”), which is undergoing congressional review and has a projected law 28
	31	+	date of October 4, 2023. 29
	32	+	(c) This emergency legislation is necessary to prevent a gap in the law between the 30
	33	+	expiration of the emergency act and the effective date of the temporary act. 31
51	34		2
52		-
53		-	(7) Social and legal services and referrals to external social and legal service
54		-	programs and providers.
55		-
56		-	Sec. 102. Eligibility.
57		-	(a) The Mayor shall establish and publish eligibility and termination criteria for services
58		-	and supports funded pursuant to this title within 30 days after April 24, 2023 ; provided, that the
59		-	eligibility and termination criteria:
60		-	(1) May include statutory, regulatory, or programmatic categories of immigration,
61		-	means of entering the District, and length of time in the United States or the District;
62		-	(2) Shall ensure that individuals are provided with adequate written and oral
63		-	notice in the individual’s requested language when services are denied or terminated pursuant to
64		-	the established eligibility criteria; and
65		-	(3) Shall be published online in English and Spanish.
66		-	(b) No provision of this title shall be construed to create an entitlement, either direct or
67		-	implied, on the part of any individual or family to any services and supports provided under this
68		-	title.
69		-
70		-	Sec. 103. Relationship to other services.
71		-	Services and supports provided under this title shall not be considered Continuum of Care
72		-	services under the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C.
73		-	Law 16-35; D.C, Official Code § 4-751.01 et seq.).
74		-
75		-	Sec. 104. Grants.
76		-	Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013
77		-	(D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the Mayor may make grants to
78		-	nonprofit organizations and other entities to provide services and supports to recent immigrants
79		-	to the United States arriving in the District.
80		-
81		-	Sec. 105. Rulemaking.
82		-	If the Mayor authorizes an expenditure pursuant to section 101 of this title, the Mayor,
83		-	pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October
84		-	21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.) shall issue rules to implement the
85		-	provisions of this title, which shall include the eligibility and termination criteria required by
86		-	section 102(a) of this title.
87		-
88		-	TITLE II. CONFORMING AMENDMENTS
89		-	Sec. 201. The Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C.
90		-	Law 16-35; D.C. Official Code § 4-751 et seq.), is amended as follows:
91		-	(a) Section 2(32) (D.C. Official Code § 4-751.01(32)) is amended as follows: ENROLLED ORIGINAL
92		-
93		-
94		-
95		-
96		-	3
97		-
98		-	(1) Sub-subparagraph (A)(iii) is amended by striking the phrase “public assistance
99		-	from the District” and inserting the phrase “public assistance from the District, other than
100		-	assistance through the DC Healthcare Alliance,” in its place.
101		-	(2) A new sub-paragraph (C) is added to read as follows:
102		-	“(C) An individual or family shall be deemed to be in the District
103		-	temporarily and shall not be considered a resident of the District if the individual or family:
104		-	“(i) Is en route to a family member, sponsor, or an intended
105		-	destination outside the District; or
106		-	“(ii) Was paroled into the United States after April 1, 2022, under
107		-	section 212(d)(5) of the Immigration and Nationality Act, approved June 27, 1952 (66 Stat. 182;
108		-	8 U.S.C. § 1182(d)(5)), until the completion of their immigration proceedings, including any
109		-	appeals, except for:
110		-	“(I) Individuals who entered the United States pursuant to a
111		-	special parole program established by the federal government that is indicated on the parole or
112		-	entry document; or
113		-	“(II) Individuals granted parole while residing outside of
114		-	the United States; or”
115		-	“(iii) Cannot produce proof of residency documents required under
116		-	sub-subparagraph (A)(iii) of this paragraph and has been issued, after April 1, 2022, a notice to
117		-	appear in a proceeding to be held under section 240 of the Immigration and Nationality Act,
118		-	approved June 27, 1952 (66 Stat. 182; 8 U.S.C. § 1229a), until the completion of their
119		-	immigration proceedings, including any appeals.”.
120		-	(b) Section 7(c)(3)(B) (D.C. Official Code § 4-753.01(c)(3)(B)) is amended to read as
121		-	follows:
122		-	“(B) The Mayor shall determine that a person seeking shelter by reason of
123		-	domestic violence, sexual assault, human trafficking, refugee status, or asylum, is a resident of
124		-	the District without receiving a demonstration of District residency in accordance with section
125		-	2(32) of this act; except, that if the Mayor can demonstrate that a person seeking asylum is
126		-	eligible for and will receive shelter under Title I of the Migrant Services and Supports
127		-	Temporary Amendment Act of 2022, effective December 21, 2022 (D.C. Law 24-234; DC
128		-	Official Code § 4-773.01 et seq.) (“Title I”), or any subsequently enacted act substantially
129		-	similar to Title I, the Mayor may direct that person to the Office of Migrant Services to obtain
130		-	shelter.”.
131		-
132		-	Sec. 202. Repealer.
133		-	The Migrant Services Eligibility Clarification Emergency Amendment Act of 2023,
134		-	effective April 24, 2023 (D.C. Act 25-69; 70 DCR 6115) is repealed.
135		-
136		-	ENROLLED ORIGINAL
137		-
138		-
139		-
140		-
141		-	4
142		-
143		-	TITLE III. GENERAL PROVISIONS
144		-	Sec. 301. Applicability.
145		-	This act shall apply as of July 31, 2023.
146		-
147		-	Sec. 302. Fiscal impact statement.
148		-	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
149		-	impact statement required by the section 4a of the General Legislative Procedures Act of 1975,
150		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
151		-
152		-	Sec. 303. Effective date.
153		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
154		-	the Mayor, action by the Council to override the veto), a 30-day period of congressional review
155		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
156		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
157		-	Columbia Register.
158		-	(b) This act shall expire after 225 days of its having taken effect.
159		-
160		-
161		-
162		-	______________________________
163		-	Chairman
164		-	Council of the District of Columbia
165		-
166		-
167		-
168		-
169		-
170		-	_________________________________
171		-	Mayor
172		-	District of Columbia
173		-
174		-
175		-
176		-
	35	+	Sec. 3. The Council of the District of Columbia determines that the circumstances 32
	36	+	enumerated in section 2 constitute emergency circumstances making it necessary that the Office 33
	37	+	of Administrative Hearings Jurisdiction Congressional Review Emergency Amendment Act of 34
	38	+	2023 be adopted after a single reading. 35
	39	+	Sec. 4. This resolution shall take effect immediately. 36