District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0366 Latest Draft

Bill / Enrolled Version Filed 09/19/2023

                              	ENROLLED ORIGINAL 
 
 
 
 
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AN ACT 
 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 
 
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To continue to provide, on a temporary basis, aid to newcomers in settling in the District, 
obtaining healthcare and identification documents, and accessing emergency shelter 
services; and to make conforming amendments to the Homeless Services Reform Act of 
2005.  
 
 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 
act may be cited as the “Migrant Services and Supports Extension Temporary Amendment Act 
of 2023”. 
 
 TITLE I. MIGRANT SERVICES AND SUPPORTS 
 Sec. 101. Migrant services and supports. 
 The Mayor may establish an office and administer programs to provide time-limited 
services and supports to recent immigrants to the United States, including the following services 
and supports: 
 (1) Welcome and other reception services;  
(2) Food, clothing, baby supplies including formula, if baby formula is reasonably 
available for purchase in the District and other necessities;  
(3) Temporary shelter which:  
 (A) May be provided in a congregate setting; provided, that families with 
minor children shall be prioritized to be housed in non-congregate shelter units; and 
 (B) Is maintained in a safe, clean, and sanitary condition that meets all 
applicable District health, sanitation, fire, building, and zoning codes for residential dwellings. 
(4) Medical services, including health insurance;  
(5) Relocation services; including: 
 (A) Services associated with traveling to a secondary destination outside 
of the District; and 
 (B) Services associated with settling recent immigrants in the District 
when a person intends to make the District their permanent home. 
(6) Cash assistance for food and other necessities, transportation, relocation, and 
other identified needs; and     	ENROLLED ORIGINAL 
 
 
 
 
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(7) Social and legal services and referrals to external social and legal service 
programs and providers. 
 
Sec. 102. Eligibility.  
(a) The Mayor shall establish and publish eligibility and termination criteria for services 
and supports funded pursuant to this title within 30 days after April 24, 2023 ; provided, that the 
eligibility and termination criteria: 
(1) May include statutory, regulatory, or programmatic categories of immigration, 
means of entering the District, and length of time in the United States or the District;  
(2) Shall ensure that individuals are provided with adequate written and oral 
notice in the individual’s requested language when services are denied or terminated pursuant to 
the established eligibility criteria; and 
(3) Shall be published online in English and Spanish. 
(b) No provision of this title shall be construed to create an entitlement, either direct or 
implied, on the part of any individual or family to any services and supports provided under this 
title. 
 
Sec. 103. Relationship to other services.  
Services and supports provided under this title shall not be considered Continuum of Care 
services under the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. 
Law 16-35; D.C, Official Code § 4-751.01 et seq.). 
 
Sec. 104. Grants.  
Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 
(D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the Mayor may make grants to 
nonprofit organizations and other entities to provide services and supports to recent immigrants 
to the United States arriving in the District. 
 
 Sec. 105. Rulemaking.  
If the Mayor authorizes an expenditure pursuant to section 101 of this title, the Mayor, 
pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 
21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.) shall issue rules to implement the 
provisions of this title, which shall include the eligibility and termination criteria required by 
section 102(a) of this title. 
 
TITLE II. CONFORMING AMENDMENTS 
Sec. 201. The Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. 
Law 16-35; D.C. Official Code § 4-751 et seq.), is amended as follows:  
(a) Section 2(32) (D.C. Official Code § 4-751.01(32)) is amended as follows:    	ENROLLED ORIGINAL 
 
 
 
 
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(1) Sub-subparagraph (A)(iii) is amended by striking the phrase “public assistance 
from the District” and inserting the phrase “public assistance from the District, other than 
assistance through the DC Healthcare Alliance,” in its place. 
 (2) A new sub-paragraph (C) is added to read as follows: 
 “(C) An individual or family shall be deemed to be in the District 
temporarily and shall not be considered a resident of the District if the individual or family: 
 “(i) Is en route to a family member, sponsor, or an intended 
destination outside the District; or 
“(ii) Was paroled into the United States after April 1, 2022, under 
section 212(d)(5) of the Immigration and Nationality Act, approved June 27, 1952 (66 Stat. 182; 
8 U.S.C. § 1182(d)(5)), until the completion of their immigration proceedings, including any 
appeals, except for: 
  “(I) Individuals who entered the United States pursuant to a 
special parole program established by the federal government that is indicated on the parole or 
entry document; or 
  “(II) Individuals granted parole while residing outside of 
the United States; or” 
“(iii) Cannot produce proof of residency documents required under 
sub-subparagraph (A)(iii) of this paragraph and has been issued, after April 1, 2022, a notice to 
appear in a proceeding to be held under section 240 of the Immigration and Nationality Act, 
approved June 27, 1952 (66 Stat. 182; 8 U.S.C. § 1229a), until the completion of their 
immigration proceedings, including any appeals.”. 
(b) Section 7(c)(3)(B) (D.C. Official Code § 4-753.01(c)(3)(B)) is amended to read as 
follows: 
“(B) The Mayor shall determine that a person seeking shelter by reason of 
domestic violence, sexual assault, human trafficking, refugee status, or asylum, is a resident of 
the District without receiving a demonstration of District residency in accordance with section 
2(32) of this act; except, that if the Mayor can demonstrate that a person seeking asylum is 
eligible for and will receive shelter under Title I of the Migrant Services and Supports 
Temporary Amendment Act of 2022, effective December 21, 2022 (D.C. Law 24-234; DC 
Official Code § 4-773.01 et seq.) (“Title I”), or any subsequently enacted act substantially 
similar to Title I, the Mayor may direct that person to the Office of Migrant Services to obtain 
shelter.”.  
 
 Sec. 202.  Repealer. 
The Migrant Services Eligibility Clarification Emergency Amendment Act of 2023, 
effective April 24, 2023 (D.C. Act 25-69; 70 DCR 6115) is repealed. 
 
    	ENROLLED ORIGINAL 
 
 
 
 
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 TITLE III. GENERAL PROVISIONS 
 Sec. 301. Applicability.  
This act shall apply as of July 31, 2023. 
 
Sec. 302. Fiscal impact statement. 
 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 
impact statement required by the section 4a of the General Legislative Procedures Act of 1975, 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).  
 
 Sec. 303. Effective date.  
 (a) This act shall take effect following approval by the Mayor (or in the event of veto by 
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 
Columbia Register.  
(b) This act shall expire after 225 days of its having taken effect. 
 
 
 
______________________________ 
Chairman 
Council of the District of Columbia 
 
 
 
 
 
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Mayor 
District of Columbia