Chapter 3. Specified Governmental Authority.
Subchapter I. Additional Governmental Powers and Responsibilities.
Part A. General.
§ 1–301.01. Additional powers of Mayor, Council, and Director of the Office of Contracting and Procurement.
(a) Waiver of business license renewal fees for personnel of armed forces. — The Council of the District of Columbia is authorized and empowered within its discretion, in accordance with such regulations as it may make, to provide for the waiver of payment by any person in the military service of the United States of any annual or other periodic fee required by law to be paid to the District of Columbia or to any District of Columbia board or commission as a condition to retaining or renewing any license or permit to engage in any business or calling or to practice any profession in the District of Columbia.
(b) Bond requirements for certain businesses; amount; termination of surety’s liability; notification by surety of payment on bond; insolvency of surety; action on bond; amount of recovery; certified copy of bond; license examination. —
(1) The Council of the District of Columbia is authorized and empowered within its discretion to make and modify, and the Mayor of the District of Columbia is authorized and empowered within his discretion to enforce, regulations requiring persons, firms, and corporations, other than utility companies, engaged within the District of Columbia in the business of plumbing or gas fitting, or of installing, maintaining, or repairing heating, ventilating, air conditioning, or mechanical refrigerating apparatus, equipment, appliances, systems, or parts thereof, or of installing, maintaining, or repairing apparatus, equipment, fixtures, appliances, or wiring, using or conducting electric current, to furnish and keep in force a bond running to the District of Columbia with corporate surety authorized by the Secretary of the Treasury to do business pursuant to § 9305 of Title 31, United States Code, or by the Insurance Department of the District of Columbia to issue surety bonds in the District of Columbia which meet the statutory capital and surplus requirements or as otherwise determined by the Mayor to be appropriate and necessary in the amount for underwriting such bonds in an amount not exceeding $5,000, conditioned upon the performance in accordance with law and regulations in force in the District of Columbia of all such work undertaken by such person, firm, or corporation, and to keep the District of Columbia harmless from the consequences of any and all acts performed by said person, firm, or corporation in connection with such business during the period covered by the said bond.
(2) The surety on any such bond may terminate its liability under such bond by giving 30 days written notice thereof, served either personally or by registered mail, to the principal and to the Mayor; and upon giving such notice the surety shall be discharged from all liability under such bond for any act or omission of the principal occurring after the expiration of 30 days from the date of service of such notice. Unless on or before the expiration of such period the principal shall duly file a new bond in like amount and conditioned as the original in substitution of the bond so terminated, the license of the principal to engage in such business shall likewise terminate upon the expiration of such period. Upon making any payment on account of its bond, the surety shall immediately notify the Mayor.
(3) In the event the surety becomes insolvent or a bankrupt, or ceases to be authorized by the Secretary of the Treasury to do business pursuant to § 8 of Title 6, United States Code [see now 31 U.S.C. § 9305], or by the Insurance Department of the District of Columbia, to do business in the District of Columbia, the principal shall, within 10 days after notice thereof, given by the Mayor, duly file a new bond in like amount and conditioned as the original, and, if the principal shall fail to do so, the license of such principal shall terminate. If a recovery be had on any bond, the principal shall restore the bond to its original amount.
(4) Any person aggrieved by the violation of any law or regulation in force in the District of Columbia relating to such business shall have, in addition to his right of action against said person, firm, or corporation, a right to bring suit against the surety on said bond, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the principal which is in violation of law or regulation in force in the District of Columbia relating to such business: Provided, however, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished by any prior recovery or recoveries as the case may be.
(5) The Mayor shall furnish to anyone applying therefor a certified copy of any such bond filed with them upon payment of a fee to be fixed by the Mayor therefor, and such certified copy shall be prima facie evidence in any court that such bond was duly executed and delivered by the person, firm, or corporation whose name appears therein.
(6) The Council is further authorized to provide, in accordance with such regulations as it may prescribe, for the examination of the qualifications and fitness of all applicants for licenses to engage in any of the businesses herein enumerated by a board, consisting of not less than 2 persons who have been actively engaged in the District of Columbia for at least 5 years next preceding their appointment in the business for which license is sought (one of whom shall have been an owner or manager and one of whom shall have been an employee competent to superintend the performance of work) and not less than 1 official of the District of Columbia, appointed by the said Mayor: Provided, that nothing herein shall repeal existing law relating to the examination and licensing of master plumbers and gas fitters.
(c) Leasing powers. — The Mayor of the District of Columbia is authorized and empowered within his discretion to rent any building or land belonging to the District of Columbia or under the jurisdiction of the Mayor, or any available space therein, whenever such building or land, or space therein, is not then required for the purpose for which it was acquired, and to rent any used personal property belonging to the District of Columbia which is not then needed for the purpose for which it was acquired: Provided, that nothing contained in this subsection shall have the effect of changing in any manner Public Law No. 732, 74th Congress, entitled “An Act to authorize the operation of stands in federal buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes”, approved June 20, 1936 (20 U.S.C. §§ 107-107f).
(d) Issuance of revocable permits for construction of tunnels, and laying of conduits and pipes. — The Mayor of the District of Columbia is authorized and empowered within his discretion to grant revocable permits upon such terms, conditions, bonds, and rentals as the Mayor may impose for the construction of tunnels, and the laying of conduits and pipes in the alleys, streets, and avenues in the District of Columbia under the jurisdiction of the Mayor.
(e) Suspension of officers and employees. — Except as otherwise provided, the Mayor of the District of Columbia is authorized and empowered within his discretion to suspend, with or without pay, any officer or employee appointed by him and, under such rules or regulations as he may prescribe, to delegate this power to any officers or employees of the District of Columbia.
(f) Name and rename highways, buildings, public places and property. — The Council of the District of Columbia is authorized and empowered within its discretion to name or change the name of a highway, circle, bridge, building, park or other public place or property as provided in §§ 9-204.01 through 9-204.09:
(1) Repealed.
(2) The name of any person shall embrace the given name or names as well as the surname of such person and shall be so noted on the records of the Council of the District of Columbia and official records filed with the Surveyor of the District of Columbia.
(g) Assess and collect fees for copies and transcripts of regulations, permits, certificates and records; disposition of moneys. — The Mayor of the District of Columbia may fix, assess, and collect fees for copies of orders, regulations, permits, certificates, and transcripts of records furnished by the District of Columbia, including, but not limited to, transcripts of records of births and deaths. Such fees shall not exceed the reasonably estimated cost of providing such copies, certificates, and transcripts, and shall be deposited into the General Fund of the District of Columbia government.
(h) Penalties for violation of rules and regulations. — The Council of the District of Columbia is authorized and empowered within its discretion, where not otherwise specifically provided, to prescribe a penalty upon conviction of a violation of any rule or regulation authorized by §§ 1-301.01 to 1-301.05 and 1-301.21 by a fine of not more than $300 or imprisonment of not more than 90 days.
(i) Purchase and sale of maps and publications; issuance without charge; delegation of authority; payment of cost. — The Mayor of the District of Columbia is authorized and empowered within his or her discretion:
(1) To purchase and sell maps and to sell copies and subscriptions of the District of Columbia Statutes-at-Large, the District of Columbia Register, the District of Columbia Municipal Regulations, other government publications, and other data and information (“government materials”), including binders for material, at prices the Mayor or his or her designated agent determines to be necessary to approximate the cost of the material, including the cost of distribution. The Mayor shall not charge the Council of the District of Columbia for copies or subscriptions of government materials or any other rule, regulation, or document that has general applicability and legal effect which the Council needs to perform its legislative responsibilities. All receipts from the sale of such material shall be deposited in the General Fund of the District of Columbia;
(2) To issue such material without charge, in the discretion of the Mayor, to officers and employees of the governments of the United States and the District of Columbia, to states, territories, and possessions of the United States, local governmental units, and foreign governments; to institutions of research and learning; to applicants for, or holders of, particular licenses issued by the District of Columbia; and to any other person when it is determined by said Mayor or his designated agent or agents that it is in the best interest of the District of Columbia to furnish such material without charge; and to delegate to the heads of departments and agencies of the government of the District of Columbia the authority likewise to make the distribution authorized by this paragraph of such material as may be purchased by the departments and agencies. Material to be distributed under the authority of this paragraph shall be supplied to the District of Columbia department or agency proposing to make such distribution, only upon payment by the department or agency of the cost thereof.
(j) Placement of orders with federal departments and agencies; payment of cost; obligations upon appropriations. — The Director of the Office of Contracting and Procurement is authorized and empowered in his discretion to place orders, if he determines it to be in the best interest of the District of Columbia, with any federal department, establishment, bureau, or office for materials, supplies, equipment, work, or services of any kind that such federal agency may be in a position to supply or be equipped to render, by contract or otherwise, and shall pay promptly by check to such federal agency, upon its written request, either in advance or upon furnishing or performance thereof, all or part of the estimated or actual costs thereof as determined by such department, establishment, bureau, or office as may be requisitioned; but proper adjustments on the basis of the actual costs of the materials, supplies or equipment furnished or work or services performed, paid for in advance, shall be made as may be agreed upon by the departments, establishments, bureaus, or offices concerned. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors.
(j-1) Placement of orders with the Washington Metropolitan Area Transit Authority. —
(1) Notwithstanding Chapter 3A of Title 2 [§ 2-351.01 et seq.], the Mayor, or his or her delegate, may contract with the Washington Metropolitan Area Transit Authority for the provision or receipt of materials, supplies, equipment, work, or services of any kind. Contracts executed pursuant to this subsection shall be considered obligations upon appropriations in the same manner as orders or contracts executed pursuant to subsections (j) or (k) of this section.
(2) For the purposes of this subsection, the District Department of Transportation shall be an authorized delegate.
(j–2) Placement of orders with the Metropolitan Washington Council of Governments – Notwithstanding Chapter 3A of Title 2, the Mayor may contract with the Metropolitan Washington Council of Governments for the provision or receipt of materials, supplies, equipment, work, or services of any kind. Contracts executed pursuant to this subsection shall be considered obligations upon appropriations in the same manner as orders or contracts executed pursuant to subsections (j) or (k) of this section.
(k) Placement of orders with departments, offices, or agencies of the District; payment of cost; obligations upon appropriations. —
(1) The Mayor may authorize the heads of District departments, offices, and agencies to place orders with any other department, office, or agency of the District for materials, supplies, equipment, work, or services of any kind that the requisitioned department, office, or agency may be in a position to supply or equipped to render; provided, that the Chief Financial Officer shall submit quarterly to the Council and the Mayor the summary required by D.C. Official Code § 47-355.05(e), along with all Memoranda of Understanding between District agencies involving an exchange of materials, supplies, equipment, work, or services of any kind. The department, office, or agency placing any such orders shall either advance, subject to proper adjustment on the basis of actual cost, or reimburse, such department, office or agency the actual cost of materials, supplies, or equipment furnished or work or services performed as determined by such department, office, or agency as may be requisitioned. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors.
(2) Repealed.
(l) Leases or permits for use of public space over or under 9th Street Southwest. — The Mayor of the District of Columbia is authorized and empowered in his discretion to enter into leases of, or to grant revocable permits for the use of, the public space over or under 9th Street Southwest in the District of Columbia to an extent not inconsistent with the use of such street by the general public for the purpose of travel, and in connection with any such lease or permit to impose such terms, including but not limited to the deposit of bond or other security, and to provide for the payment of such rents or fees as the Mayor may, in his discretion, determine to be necessary or desirable, but the Mayor shall, in connection with entering into a lease for, or granting a permit for, the use of public space over said Street in the District of Columbia, provide as a condition of any such lease or permit that such space shall not be used by the lessee or permittee in such manner as to deprive any real property not owned by such lessee or permittee of its easements of light, air, and access.
§ 1–301.02. Appointment of contracting officers; powers; approval of contracts over $3,000; void contracts; liquidated damage contracts. [Repealed]
Repealed.
§ 1–301.03. Powers and duties of Director of Department of Licenses, Investigation and Inspections; delegation of authority.
The Mayor of the District of Columbia may transfer to, impose upon, and vest in the Director of the Department of Licenses, Investigation and Inspections of the District of Columbia all or any of the duties imposed upon, and all or any of the powers, rights, and authority vested in, the Inspector of Buildings of the District of Columbia, the Inspector of Plumbing of the District of Columbia, and the Electrical Engineer of the District of Columbia, by any law, and the Mayor may authorize the said Director of the Department of Licenses, Investigation and Inspections to delegate any or all of such powers to the Chief Engineer of the District of Columbia and to the Chief of Inspection of the District of Columbia and to their respective deputies when acting for them.
§ 1–301.04. Settlement for real estate acquired by purchase or condemnation.
The Mayor of the District of Columbia may, in his discretion and when he deems such action to be in the public interest, effect settlement with owners of real estate authorized to be acquired by purchase or condemnation for District of Columbia purposes, through such title company or companies in the District of Columbia as may be designated by the Mayor, and to pay from appropriations available for the acquisition of such real estate reasonable fees to cover the cost of the services rendered by such title company or companies.
§ 1–301.05. Power conferred by §§ 1-301.01 to 1-301.04 as additional.
The power and authorities conferred by §§ 1-301.01 to 1-301.04 are to be construed as in addition to and not by way of limitation of the powers now vested by law in the Mayor of the District of Columbia.
Part B. Subpoenas, Administration of Oaths, and Documents Concerning Police Officers and Firefighters.
§ 1–301.21. Subpoena power.
(a)(1) The Mayor of the District of Columbia shall have the power to issue subpoenas to compel witnesses to appear and testify and/or to produce all books, records, papers, or documents in any investigation or examination of any municipal matter with respect to functions transferred to the Mayor by Reorganization Plan No. 3 of 1967 or by the District of Columbia Home Rule Act (Chapter 2 of this title): Provided, that witnesses other than those employed by the District of Columbia subpoenaed to appear before the Mayor shall be entitled to reasonable fees as established by regulations issued by the Mayor of the District of Columbia, but said fees need not be tendered said witnesses in advance of their appearing and testifying and/or producing books, records, papers, or documents.
(2) For the purposes of this subsection, the term “municipal matter” means personnel matters concerning police officers and firefighters of the District of Columbia.
(b) Any willful false swearing on the part of any witness before the Mayor of the District of Columbia as to any material fact shall be deemed perjury and shall be punished in the manner prescribed by law for such offense.
(c) If any witness having been personally summoned shall neglect or refuse to obey the subpoena issued pursuant to subsection (a) of this section, then, in that event, the Mayor of the District of Columbia may report that fact to the Superior Court of the District of Columbia or one of the judges thereof and said Court, or any judge thereof, is empowered to compel obedience to said subpoena to the same extent as witnesses may be compelled to obey the subpoenas of that Court.
(d) The Mayor of the District of Columbia is authorized to administer oaths to witnesses summoned in any investigation or examination as set out in subsection (a) of this section.
§ 1–301.22. Administration of oaths.
The Mayor of the District of Columbia, the Chairman of the Council of the District of Columbia, and the members of the Council of the District of Columbia may administer oaths as part of their official responsibilities. No fee shall be collected for the administration of such oaths, and the power to administer such oaths shall not be utilized for personal purposes.
§ 1–301.23. Executive Secretary authorized to execute certain documents.
It shall be lawful for the Executive Secretary of the District of Columbia, or in his absence or upon his inability to act, such person as said Mayor may designate, when so directed by said Mayor, to execute in the name of the District of Columbia or of said Mayor, by attaching thereto his signature as such Secretary and affixing when requisite the seal of said District, any deed, contract, pleading, lease, release, regulation, notice, or other paper, which prior to February 11, 1932, said Mayor was required to execute by subscribing thereto his signature: Provided, that prior to such signing, and sealing if requisite, said deed, contract, pleading, lease, release, regulation, notice, or other paper shall first have been considered and approved by said Mayor, and evidence of such consideration and approval shall be reduced to writing and recorded in the minutes of said Mayor, which minutes shall thereafter be signed by said Mayor.
Part C. The Council.
§ 1–301.41. Definitions.
(a) “Council” shall mean the Council of the District of Columbia.
(b) “Legislative duties” shall include the responsibilities of each member of the Council in the exercise of such member’s functions as a legislative representative, including but not limited to: Everything said, written or done during legislative sessions, meetings, or investigations of the Council or any committee of the Council, and everything said, written, or done in the process of drafting and publishing legislation and legislative reports.
(c) “Threatening letter or communication” shall mean any letter or communication which reasonably indicates an earnest intention or determination to inflict injury upon someone or something of value.
§ 1–301.42. Legislative immunity.
For any speech or debate made in the course of their legislative duties, the members of the Council shall not be questioned in any other place.
§ 1–301.43. Obstruction of Council proceedings and investigations; penalty.
Whoever, corruptly or by threat or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any witness in any proceeding pending before the Council, or in connection with any inquiry or investigation being had by the Council, or any committee of the Council, or any joint committee of the Council; or whoever injures any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein; or whoever willfully removes from any place, conceals, destroys, mutilates, alters, or by other means falsifies any documentary material which is the subject of a subpoena lawfully issued by the Council, or any committee of the Council; or whoever, corruptly, or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which such proceeding is being had before the Council, or the due and proper exercise of the power of inquiry under which such inquiry or investigation is being had by the Council, or any committee of the Council, or any joint committee of the Council; shall be fined not more than $2,000 or imprisoned not more than 2 years, or both.
§ 1–301.44. Independence established and recognized.
(a) The Council of the District of Columbia (“Council”) administratively establishes itself, as authorized in subchapter IV of Chapter 2 of this title, as an independent and coordinate branch of the District of Columbia government.
(b) The Council recognizes the principle of separation of powers in the structure of the District of Columbia government.
(c) The Council shall, following receipt of the report of the study committee established by § 3, adopt such acts and resolutions to implement the organizational and administrative independence of the Council.
§ 1–301.44a. Independence of legislative branch information technology.
(a) No person, including an employee or contractor of the Office of the Chief Technology Officer, or individual employed by or acting on behalf of an official of the Executive branch of the District of Columbia government, shall monitor, access, review, intercept, obtain, use, or disclose to any person or entity a record or electronic communication of a legislative branch agency without the prior express written consent of the Chairman of the Council or the District of Columbia Auditor for their electronic communications.
(b) For the purposes of this section and § 1-301.44b the term:
(1) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, voice, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system, including electronic mail, telecommunications, and wireless or wired network communications.
(2) “Legislative branch agency” means the Council of the District of Columbia and the District of Columbia Auditor.
(c) Persons violating this section shall be subject to a fine of not more than $10,000 or imprisonment of not more than 5 years, or both; provided, that this section shall not apply to the contents of any communication that has been disclosed publicly by the legislative branch agency.
§ 1–301.44b. Legislative branch information technology acquisition.
(a) A legislative branch agency may invest in, acquire, use, and manage, independent of the Executive branch, information technology and telecommunications systems and resources, including hardware, software, and contract services.
(b) A legislative branch agency may, independent of the Executive branch, establish, acquire, maintain, and manage electronic mail messaging systems and services, internet access services, and information technology security systems and services.
§ 1–301.44c. Disclosure of information to the Council; District of Columbia Auditor; Ombudsperson for Children; conditions on disclosure.
(a) Notwithstanding any other provision of law, no document or information that the following persons or entities have requested for the purpose of performing their official duties shall be withheld by a subordinate or independent agency, instrumentality, board, or commission, or by an official or employee thereof, based upon a statutory or regulatory provision restricting or prohibiting disclosure to the general public:
(1) The Council;
(2) A Council committee;
(3) A member of the Council acting in an official capacity;
(4) The District of Columbia Auditor;
(5) An employee of the Office of the District of Columbia Auditor; or
(6) The Ombudsperson for Children or an employee of the Office of the Ombudsperson for Children.
(b) Documents or information obtained under subsection (a) of this section shall remain subject to the underlying statutory restrictions and shall not be disclosed to the public or any third party unless permitted by that statute.
(c) Documents or information shall not be disclosed to the Council under subsection (a) of this section if:
(1) A District statute expressly prohibits disclosure of the information to the Council; or
(2) A federal law or regulation requires that the information be withheld from disclosure to the Council in such a manner that it leaves no discretion on the issue.
(d) Disclosure of documents or information under subsection (a) of this section shall not constitute a waiver of any privilege or exemption that otherwise could lawfully be asserted by the District of Columbia to prevent disclosure to the general public or in a judicial or administrative proceeding.
§ 1–301.45. Construction of terms set forth in acts and resolutions.
For the purposes of any act or resolution of the Council of the District of Columbia, unless specifically provided otherwise:
(1) Words importing the singular include and apply to several persons, parties, or things.
(2) Words importing the plural include the singular.
(3) With regard to resolutions, words importing 1 gender include and apply to the other gender as well.
(4) Words used in the present tense include the future as well as the present.
(5) The words “person” and “whoever” include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.
(6) “Officer” includes any person authorized by law to perform the duties of the office.
(7) “Signature” or “subscription” includes a mark when the person making it intended that mark as such.
(8) “Oath” includes affirmation, and “sworn” includes affirmed.
(9) “Writing” includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise.
(10) The words “include” and “including” mean “includes, but not limited to” and “including, but not limited to”.
(11) Words such as “stepparent,” “stepmother,” “stepfather,” “stepchild,” “stepsister,” and “stepbrother” are used to indicate a category of a family step-relationship created when an individual who is a parent of a child:
(A) Marries an individual who is not a parent of that child; or
(B) Becomes a domestic partner of an individual who is not a parent of that child by registering the domestic partnership pursuant to § 32-702.
§ 1–301.46. Enacting and resolving clauses in acts and resolutions; numbering of sections.
(a) Each act of the Council of the District of Columbia shall have an enacting clause only in the 1st section of each act and such enacting clause shall be in the following form: “Be it enacted by the Council of the District of Columbia,”.
(b) Each resolution of the Council of the District of Columbia shall have a resolving clause in the following form: “Resolved, by the Council of the District of Columbia,”.
(c) Each section of each act or resolution shall be numbered consecutively.
§ 1–301.47.
For the purposes of any act or resolution of the Council of the District of Columbia, unless specifically provided otherwise, the term:
(1) "Act" means an Act of the Congress.
(2) "act" means an act of the Council.
(3) "Attorney General" means the Attorney General for the District of Columbia or designee established under § 1-204.35.
(4) "Council" means the Council of the District of Columbia established under § 1-204.01.
(5) "District" means the District of Columbia.
(6) "Home Rule Act" means the District of Columbia Home Rule Act, Chapter 2 of this title.
(7) "Mayor" means the Mayor of the District of Columbia established under § 1-204.21.
§ 1–301.47a. Fiscal impact statements.
(a) Bills and resolutions. —
(1) In general. — Notwithstanding any other law, except as provided in subsection (c) of this section, all permanent bills and resolutions shall be accompanied by a fiscal impact statement before final adoption by the Council.
(2) Contents. — The fiscal impact statement shall include the estimate of the costs which will be incurred by the District as a result of the enactment of the measure in the current and each of the first four fiscal years for which the act or resolution is in effect, together with a statement of the basis for such estimate.
(b) Appropriations. — Permanent and emergency acts which are accompanied by fiscal impact statements which reflect unbudgeted costs, shall be subject to appropriations prior to becoming effective.
(c) Applicability. — Subsection (a) of this section shall not apply to:
(1) Emergency declaration resolutions;
(2) Ceremonial resolutions;
(3) Confirmation or appointment resolutions;
(4) Sense of the Council resolutions; and
(5) Resolutions that express simple determinations, decisions, or directions of the Council of a special or temporary character as provided for in § 1-204.12(a).
§ 1–301.48. Seal.
The Council of the District of Columbia shall, by resolution, adopt an official seal, which shall be judicially noted.
§ 1–301.49. Council record reproduction fees authorized.
Pursuant to § 1-207.42, the Secretary to the Council of the District of Columbia may establish and collect reasonable fees for the reproduction of transcripts or transcriptions of legislative meetings, committee meetings, legislative hearings, investigative hearings, and any other records that are part of the Council of the District of Columbia’s official legislative files.
Part D. The Mayor.
§ 1–301.61. Submission of statement of impact of proposed acts on taxpayers.
The Mayor shall submit to the Council of the District of Columbia, simultaneously with any proposed revenue measure or proposed act, a detailed statement with supporting data concerning the direct and indirect impact of the measure or bill upon those taxpayers who will be directly or indirectly affected by the measure or act.
§ 1–301.62. District elements of comprehensive plan prepared; purposes. [Recodified]
Recodified as § 1-306.01.
§ 1–301.63. Mayor to submit proposed Land Use Element and map; submission of amendments to District elements of comprehensive plan; specifications; approval. [Recodified]
Recodified as § 1-306.02.
§ 1–301.64. Mayor to propose ward plans; updated plans; public hearing; transmission to Council for adoption. [Recodified]
Recodified as § 1-306.03.
§ 1–301.65. Preserving and ensuring community input. [Recodified]
Recodified as § 1-306.04.
§ 1–301.66. Publication of the Comprehensive Plan. [Recodified]
Recodified as § 1-306.05.
§ 1–301.67. Review of building, construction, or public space permits. [Recodified]
Recodified as § 1-306.06.
§ 1–301.68. Zoning conformity. [Recodified]
Recodified as § 1-306.07.
§ 1–301.69. Abolition or consolidation of offices; reduction of employees; appointments to and removal from office.
The Mayor of the District of Columbia is hereby authorized to abolish any office, to consolidate 2 or more offices, reduce the number of employees, remove from office, and make appointments to any office under him authorized by law.
§ 1–301.70. Taxes not to be anticipated by sale or hypothecation.
The Mayor of the District of Columbia shall have no power to anticipate taxes by a sale or hypothecation of any such taxes or evidences thereof.
§ 1–301.71. Hack stands — Location.
The Mayor of the District of Columbia shall have power to locate the places where hacks shall stand and change them as often as the public interests require.
§ 1–301.72. Hack stands — Adjoining railroad stations; rates of charges. [Repealed]
Repealed.
§ 1–301.73. Rates for public vehicles to be fixed by Mayor. [Repealed]
Repealed.
§ 1–301.74. Authority to fix certain licensing and registration fees.
The Mayor of the District of Columbia is authorized and empowered to fix from time to time, in accordance with § 1-301.75, the fees authorized to be charged by §§ 3-1623 [repealed], 3-1711 [repealed], 3-2019 [repealed], 3-2114 [repealed], 3-2115 [repealed], 3-2124 [repealed], 3-2127 [repealed], 3-2128 [repealed], 3-2905 [repealed], 3-2920 [repealed], 3-2301.04 [repealed], 3-2301.06 [repealed], 3-2301.08 [repealed], 3-2414 [repealed], 3-2418 [repealed], 3-2505 [repealed], 3-2609 [repealed], 3-2610 [repealed], 47-2886.13, 3-2704 [repealed], 47-2712, 47-2718 and 47-2843 [repealed].
§ 1–301.75. Increase or decrease of fees authorized in § 1-301.74.
The Mayor of the District of Columbia may after public hearing increase or decrease the fees authorized to be charged by each of the sections listed in § 1-301.74 to such amounts as may, in the judgment of the Mayor, be reasonably necessary to defray the approximate cost of administering each of said sections.
§ 1–301.76. Power to grant pardons and respites; commissioning of officers; execution of laws.
The Mayor of the District of Columbia may grant pardons and respites for offenses against the late corporation of Washington, the ordinances of Georgetown and the levy court, the laws enacted by the Legislative Assembly, and the police and building regulations of the District. He shall commission all officers appointed under the laws of the District, and shall take care that the laws be faithfully executed.
§ 1–301.77. Prohibition on Capital Funds for Operating Expenses.
The Mayor shall not expend any moneys borrowed for capital projects for operating expenses of the District of Columbia government.
§ 1–301.78. Grants for planning and planning implementation purposes. [Transferred]
Recodified as § 1-328.02.
Part D-i. Attorney General for the District of Columbia.
§ 1–301.81. Duties of the Attorney General for the District of Columbia.
(a)(1) The Attorney General for the District of Columbia (“Attorney General”) shall have charge and conduct of all law business of the said District and all suits instituted by and against the government thereof, and shall possess all powers afforded the Attorney General by the common and statutory law of the District and shall be responsible for upholding the public interest. The Attorney General shall have the power to control litigation and appeals, as well as the power to intervene in legal proceedings on behalf of this public interest.
(2) The Attorney General shall furnish opinions in writing to the Mayor and the Council whenever requested to do so. All requests for opinions from agencies subordinate to the Mayor shall be transmitted through the Mayor. The Attorney General shall keep a record of requests, together with the opinions. Those opinions of the Attorney General issued pursuant to Reorganization Order No. 50 shall be compiled and published by the Attorney General on an annual basis.
(3) By October 1, 2017, the Attorney General shall develop a pilot program, in collaboration with community partners, to provide victim-offender mediation as an alternative to the prosecution of juveniles in cases deemed appropriate by the Attorney General; provided, that participation in the mediation pilot program established pursuant to this paragraph shall be voluntary for both the victim and the offender.
(b) The authority provided under this section shall not be construed to deny or limit the duty and authority of the Attorney General as heretofore authorized, either by statute or under common law.
§ 1–301.82. Appointment of the Attorney General.
(a) Until such time as an Attorney General is elected under § 1-204.35, the Attorney General for the District of Columbia shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01.
(b) The Attorney General shall:
(1) Serve a 4-year term to coincide with the term for Mayor; and
(2) Be eligible for reappointment by the Mayor with the advice and consent of the Council, and may serve in a holdover capacity at the expiration of his or her term pursuant to § 1-523.01(c).
(c) This section shall not apply to the incumbent Attorney General on May 27, 2010.
§ 1–301.83. Minimum qualifications and requirements for Attorney General.
(a) No person shall hold the position of Attorney General for the District of Columbia unless that person:
(1) Is a registered qualified elector as defined in § 1-1001.02(20);
(2) Is a bona fide resident of the District of Columbia;
(3) Is a member in good standing of the bar of the District of Columbia;
(4) Has been a member in good standing of the bar of the District of Columbia for at least 5 years prior to assuming the position of Attorney General; and
(5) Has been actively engaged, for at least 5 of the 10 years immediately preceding the assumption of the position of Attorney General, as:
(A) An attorney in the practice of law in the District of Columbia;
(B) A judge of a court in the District of Columbia;
(C) A professor of law in a law school in the District of Columbia; or
(D) An attorney employed in the District of Columbia by the United States or the District of Columbia.
(b) The Attorney General shall devote full-time to the duties of the office and shall not engage in the private practice of law and shall not perform any other duties while in office that are inconsistent with the duties and responsibilities of Attorney General.
§ 1–301.84. Forfeiture of the position of Attorney General.
The occurrence of any of the following shall result in automatic forfeiture of the position of Attorney General for the District of Columbia:
(1) Failure to maintain the qualifications required under § 1-301.83(a);
(2) Violation of the prohibition against the private practice of law as provided in § 1-301.83(b); or
(3) Conviction of a felony while in office.
§ 1–301.85. Attorney General salary.
(a) Except as provided in subsection (b) of this section, the Attorney General for the District of Columbia shall be paid at an annual rate equal to the rate of basic pay for level E5 on the Executive Schedule pursuant to § 1-610.52.
(b) An Attorney General for the District of Columbia elected under § 1-204.35 shall receive compensation equal to the Chairman of the Council of the District of Columbia as provided in § 1-204.03(d).
§ 1–301.86. Annual budget for the Office of Attorney General.
(a) The Attorney General for the District of Columbia shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of subchapter IV of Chapter 2 of this title [§ 1-204.41 et seq.], for the year, annual estimates of the expenditures and appropriations necessary for the operation of the Office of the Attorney General for the year. The Mayor shall make recommendations to the Council of the District of Columbia based on said submissions for the Council’s action pursuant to § 1-204.46 and § 1-206.03(c).
(b) Amounts appropriated for the Office of the Attorney General shall be available solely for the operation of the office, and shall be paid to the Attorney General by the Mayor (acting through the Chief Financial Officer of the District of Columbia) in such installments and at such times as the Attorney General requires.
§ 1–301.86a. Contingency fee contracts.
(a)(1) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in claims and other legal matters affecting the interests of the District of Columbia.
(2)(A) Subject to subparagraph (B) of this paragraph, each contract shall include the terms and conditions the Attorney General considers necessary or appropriate, including a provision specifying the amount of any fee to be paid to the private counsel under the contract or the method for calculating that fee.
(B) The amount of the fee payable for legal services furnished under any such contract shall not exceed the fee that counsel engaged in the private practice of law in the District typically charges clients for furnishing similar legal services, as determined by the Attorney General.
(b) Notwithstanding any provision of federal or District of Columbia law, a contract entered into by the District of Columbia pursuant to this section may provide that costs, expenses, and fees that the private counsel charges for legal services are payable from the amount recovered. In such circumstances, the costs, expenses, and fees need not be included in an amount provided in an appropriations law.
§ 1–301.86b. Litigation Support Fund.
*NOTE: This section includes amendments by emergency legislation that will expire on June 27, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Prior Permanent Version.*
(a) There is established as a special fund the Litigation Support Fund (“Fund”), which shall be administered by the Office of the Attorney General in accordance with this section.
(b) Revenue from the following sources shall be deposited into the Fund:
(1) Subject to the limitations of subsection (d)(3) of this section and notwithstanding any other provision of District law, any recoveries from claims or litigation brought by the Office of the Attorney General on behalf of the District shall be deposited into the Fund;
(2) Funds collected pursuant to § 1-350.02(a-4)(1);
(3) Funds recovered from owners under § 42-3651.06(j)(2), and not deposited into the Tenant Receivership Abatement Fund, in accordance with § 1-301.86e(b)(1)(B);
(4) Subject to the limitations of subsection (d)(3)(D) of this section, funds received pursuant to § 7-3221(b)(1) and (1A); and
[(5)] The first $100,000 in fines imposed and collected pursuant to § 7-1675.01; and
[(6)] The first $100,000 in fines imposed and collected pursuant to § 47-2844(a-2)(1B).
(c)(1) Money in the Fund shall be used for the following purposes:
(A) Supporting general litigation expenses associated with prosecuting or defending litigation matters on behalf of the District of Columbia;
(B) Funding staff positions, personnel costs, and employee retirement and separation incentives, up to a maximum amount of $7 million per year, and non-personnel costs related to administering any grant issued pursuant to the authority provided in §§ 1-301.88f(a) and § 1-301.88g(a); and
(C) Crime reduction and violence interruption programming.
(2) Beginning in Fiscal Year 2024, up to $9.7 million deposited into the Fund each fiscal year may be used for the purposes of crime reduction, violence interruption, and other public safety initiatives.
(3) In Fiscal Year 2021, the first $500,000 deposited into the Fund shall be transferred to the Office of Victim Services and Justice Grants for victim services grants.
(c-1) Repealed.
(d)(1) Except as provided in paragraph (3) of this subsection, the money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(3)(A) The balance in the Fund, including interest earned, shall not exceed $27 million. Any funds in excess of $27 million shall revert at the end of a fiscal year to the unrestricted fund balance of the General Fund of the District of Columbia.
(B) Repealed.
(C) Notwithstanding subparagraph (A) of this subsection, recoveries obtained on behalf of the District pursuant to contingency fee contracts shall be deposited into the Fund and may remain in the Fund until paid to the contractor to satisfy costs and fees or transferred to another fund by the Office of the Attorney General to pay contingency fee contracts.
(D) The Attorney General shall transfer to the Opioid Abatement Fund, established by § 7-3221, at least 85% of any payment received prior to October 1, 2022, in settlement of the cases and settlements, judgments, and consent decrees specified in § 7-3221(b)(1) and (1A), that was deposited into the Fund, and at least 90% of any payment received thereafter. The Attorney General may elect to retain the remainder of each such payment in the Fund by providing the Mayor, Chief Financial Officer, and Council with written notice of the amount of the election and the relevant payment. In making this election, the Attorney General shall ensure compliance with all applicable settlement terms.
(e) For the purposes of this section, the term "recovery" shall include funds obtained through court determinations or through the settlement of claims in which the Office of the Attorney General represents the District, but shall not include funds obtained through an administrative proceeding or funds obligated to another source by federal law or pursuant to § 1-325.391(b)(2) or § 1-623.32. Recoveries shall be deposited into the Fund regardless of whether the amounts payable to satisfy the underlying obligations otherwise would have been required to be deposited into a different District special fund.
(f) Notwithstanding any other provision of this section, $12,039,659.91 of the amount to be received by the District in Fiscal Year 2021 in settlement of District of Columbia v. Monsanto Co., Superior Court of the District of Columbia Case No. 2020 CA 002445 B, shall be deposited in the Fund and allocated as follows:
(1) $7,339,659.91 shall be paid in attorney's fees and costs to May Firm/EKM Association on PCBs for legal services received pursuant to Contract No. DCCB-2019-C-0008; and
(2) $4,700,000 shall be used for the authorized purposes of the Fund pursuant to subsection (c) of this section.
§ 1–301.86c. Attorney General Restitution Fund.
(a) There is established as a special fund the Attorney General Restitution Fund ("Fund"), which shall be administered by the Office of the Attorney General ("OAG") in accordance with subsections (c) and (d) of this section.
(b) Revenue from the following shall be deposited into the Fund:
(1) Awards of restitution for property lost or damages suffered by consumers for which the District is responsible for distribution made under court orders, judgments, or settlements in actions or investigations under § 28-3909(a);
(2) Awards on behalf of aggrieved employees for which the District is responsible for distribution made under court orders, judgments, or settlements in actions or investigations under § 32-1306(a)(2)(A)(iii) and;
(3) Funds collected pursuant to § 1-350.02(a-4)(2).
(c) Money in the Fund shall be used for the following purposes:
(1) The payment of awards as required by a court orders, judgments, or settlements in actions or investigations" OAG conducts under § 28-3909(a) or § 32-1306(a)(2)(A)(iii);
(2) The payment of costs and expenses related to maintaining the Fund, including costs associated with the claims process described in subsection (e) of this section; and
(3) Supplying initial funding for, and from time-to-time replenishing, the Tenant Receivership Abatement Fund pursuant to § 1-301.86e(b)(1)(A).
(d) Before the OAG authorizes any payments from the Fund to an individual under this section, the Office of the Chief Financial Officer shall determine whether the individual owes any amount to the District and deduct the amount owed from the award to the individual, if any.
(e)(1) Upon receipt of revenue resulting from an award under this section, OAG shall conduct a claims procedure to:
(A) Locate each person entitled to receive an award; and
(B) Distribute the awarded amounts to these individuals, minus any amounts deducted under subsection (d) of this section.
(2) At the conclusion of the claims procedure under paragraph (1) of this subsection or the time period for payment designated by a court order, judgment, or settlement, and if not otherwise directed by the court order, judgment, or settlement, OAG may apply any part of the award to the costs and expenses related to maintaining the Fund and conducting the claims process under subsection (c)(2) of this section.
(3) After paragraphs (1) and (2) of this subsection have been completed, any excess funds shall be treated as follows:
(A) Any excess funds remaining from an award that are designated to named individuals shall be treated as unclaimed property pursuant to Chapter 1A of Title 41; and
(B) Any other excess funds remaining from an award shall remain in the Fund and may be used, in an amount not to exceed $500,000 each fiscal year, for any purpose provided for in subsection (c) of this section.
(f)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(g) The Attorney General, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.
(h) Repealed.
§ 1–301.86d. Vulnerable Adult and Elderly Person Exploitation Restitution Fund.
(a) There is established as a special fund the Vulnerable Adult and Elderly Person Exploitation Restitution Fund ("Restitution Fund") which shall be administered by the Office of the Attorney General in accordance with subsection (c) of this section.
(b) Revenue from the following shall be deposited in the Restitution Fund:
(1) Awards of restitution and costs to individuals imposed under a court order, judgment, or settlement in any action or investigation brought to [sic] § 22-933.01; and
(2) Funds collected pursuant to § 1-350.02(a-4)(3).
(c) Money in the Restitution Fund shall be used for the following purposes:
(1) The payment of restitution to individuals harmed by the conduct of persons or entities that are the subject of court orders, judgments or settlements in actions or investigations brought to enforce § 22-933.01; and
(2) Costs and expenses related to maintaining the Restitution Fund or to paying amounts to harmed individuals.
(d)(1) The money deposited into the Restitution Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Restitution Fund shall be continually available without regard to fiscal year limitation.
(e) The Attorney General may promulgate regulations for the administration of the Restitution Fund and the making of payments from the Restitution Fund.
§ 1–301.86e. Tenant Receivership Abatement Fund.
(a) There is established as a special fund the Tenant Receivership Abatement Fund ("Fund"), which shall be administered by the Attorney General in accordance with subsections (b) and (c) of this section.
(b)(1) Funds from the following sources shall be deposited into the Fund:
(A) Funds from the Attorney General Restitution Fund, which the Attorney General may use to supply initial funding for, and to from time to time to replenish, the Fund; and
(B) All funds recovered from owners under § 42-3651.06(j)(2); except, that when the deposit of such funds into the Fund would cause the Fund balance to exceed $2 million, the excess of such funds instead shall be deposited into the Litigation Support Fund established by § 1-301.86b.
(2) Amounts on deposit in the Fund shall not exceed $2 million.
(c) Money in the Fund shall be used to comply with orders issued by the Superior Court under § 42-3651.06(j).
(d)(1) Except as provided in subsection (b)(2) of this section, the money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
§ 1–301.87. Chief Deputy Attorney General, Deputy Attorneys General, and Assistant Attorneys General.
(a) The Attorney General shall appoint a Chief Deputy Attorney General who shall meet the qualifications of § 1-301.83. The Chief Deputy Attorney General shall serve under the direction and control of the Attorney General and shall perform such duties as may be assigned to him or her by the Attorney General.
(b)(1) The Deputy Attorneys General and Assistant Attorneys General shall serve under the direction and control of the Attorney General and shall perform such duties as may be assigned to them by the Attorney General.
(2) A Deputy Attorney General shall be a resident of the District of Columbia within 180 days of his or her appointment.
§ 1–301.88. Authority to administer oaths.
The Attorney General, Chief Deputy Attorney General, Deputy Attorneys General, and Assistant Attorneys General are authorized to administer oaths and affirmations in the discharge of their official duties within the District of Columbia.
§ 1–301.88a. Authority over personnel.
The Attorney General shall be the personnel authority for the Office of the Attorney General. The Attorney General’s personnel authority shall be independent of the personnel authority of the Mayor established under §§ 1-204.22 and 1-604.06, except that the personnel provisions applicable to the Mayor under Chapter 6 of this title [§ 1-601.01 et seq.], shall apply to the Attorney General’s exercise of this authority, unless specifically exempted by District statute.
§ 1–301.88b. Authority for procurement of goods and services.
(a) The Attorney General shall carry out procurement of goods and services for the Office of the Attorney General through a procurement office or division. The procurement office or division shall operate independently of, and shall not be governed by, the Office of Contracting and Procurement established pursuant to Chapter 3A of Title 2 [§ 2-351.01 et seq.], except as provided in § 2-352.01(b).
(b)(1) The Attorney General shall issue rules to govern the procurement of goods and services for the Office of the Attorney General.
(2) The rules promulgated pursuant to § 2-361.06, shall apply to procurement of goods and services for the Office of the Attorney General unless the Attorney General has issued a superseding rule or regulation.
§ 1–301.88c. Authority to issue subpoenas for the production of documents.
(a) Except as provided in subsection (c) of this section, the Attorney General for the District of Columbia shall have the authority to issue subpoenas for the production of documents concerning criminal and delinquent offenses that the Attorney General has the authority to prosecute. The power to issue subpoenas under this section shall not be delegated other than to the Chief Deputy Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General.
(b) Subpoenas issued pursuant to subsection (a) of this section shall contain the following:
(1) The name of the person from whom documents are requested;
(2) The person at the Office of the Attorney General to whom the documents shall be provided, and the date and time by which they must be provided;
(3) A detailed list of the specific documents requested;
(4) A short, plain statement of the recipient’s rights and the procedure for enforcing and contesting the subpoena; and
(5) The signature of the Attorney General, Chief Deputy Attorney General, Deputy Attorney General, or Assistant Deputy Attorney General approving the subpoena request and certifying that the documents sought are not available by other means as defined in subsection (c)(2) of this section.
(c)(1) The Attorney General shall not have the authority to issue a subpoena if:
(A) An indictment, information, or petition has been filed with the court formally charging the target of the investigation;
(B) Three business days have elapsed since the underlying offense was committed; or
(C) Other means are available to obtain the documents sought in the subpoena.
(2) For the purposes of paragraph (1)(C) of this subsection, documents shall be deemed available by other means if:
(A) The documents may be sought by means of a grand jury subpoena and are being sought during business hours on a business day;
(B) The documents have been unsuccessfully sought by means of a grand jury subpoena;
(C) The documents may be sought, or have been unsuccessfully sought, by means of a search warrant for information falling within the categories listed in § 23-521(d); or
(D) Consent has not been sought for the release of the documents, unless a determination has been made that requesting such consent would threaten or impede the investigation.
(d) Any person to whom a subpoena has been issued under this section may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:
(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for issuance of a subpoena;
(2) The Attorney General lacked the authority to issue the subpoena under subsection (c) of this section; or
(3) Any other grounds that exist under statute or common law for the quashing or modification of a subpoena.
(e)(1) The Attorney General shall maintain a log of all requests for subpoenas made pursuant to this section that shall include the following:
(A) The name of the person who initiated the subpoena request;
(B) The name of the persons who reviewed and acted on the request;
(C) A written statement justifying the subpoena request; and
(D) A written statement explaining why the subpoena request was approved or denied.
(2) The log produced pursuant to this subsection shall be exempt from disclosure pursuant to § 2-534 as investigatory records that are compiled for law-enforcement purposes, but shall be made available for inspection by the Council upon request.
(f) The Attorney General shall submit to the Council a quarterly report listing the number of subpoenas requested and issued under this section. The report shall include the following:
(1) The offenses being investigated;
(2) Whether the subpoenas were complied with or challenged;
(3) Whether formal charges were filed; and
(4) The circumstances that precluded using a grand jury subpoena, search warrant, or other means as provided under subsection (c) of this section to obtain this information.
§ 1–301.88d. Authority to issue subpoenas in investigation of consumer protection matters.
(a) The Attorney General, or his or her designee, shall have the authority to issue subpoenas for the production of documents and materials or for the attendance and testimony of witnesses under oath, or both, related to an investigation into unfair, deceptive, unconscionable, or fraudulent trade practices by or between a merchant or consumer, as defined in § 28-3901.
(b) Subpoenas issued pursuant to subsection (a) of this section or § 28-3910 shall contain the following:
(1) The name of the person from whom testimony is sought or the documents or materials requested;
(2) The person at the Office of the Attorney General to whom the documents shall be provided;
(3) A detailed list of the specific documents, books, papers, or objects being requested, if any;
(4) The date, time, and place that the recipient is to appear to give testimony or produce the materials specified under paragraph (3) of this subsection, or both;
(5) A short, plain statement of the recipient’s rights and the procedure for enforcing and contesting the subpoena; and
(6) The signature of the Attorney General, Chief Deputy Attorney General, Deputy Attorney General, or Assistant Deputy Attorney General approving the subpoena request.
(c) Unless otherwise permitted by the Office of the Attorney General, only attorneys for the Office of the Attorney General and their staff, other people involved in the investigation, the witness under examination, his or her attorney, interpreters when needed, and, for the purpose of taking the evidence, a stenographer or operator of a recording device may be present during the taking of testimony.
(d) In the case of refusal to obey a subpoena issued under this section, the Attorney General may petition the Superior Court of the District of Columbia for an order requiring compliance. Any failure to obey the order of the court may be treated by the court as contempt.
(e) Any person to whom a subpoena has been issued under this section or pursuant to § 28-3910 may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:
(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for the issuance of a subpoena; or
(2) Any grounds that exist under statute or common law for quashing or modifying a subpoena.
§ 1–301.88e. Authority to issue subpoenas in matters involving the financial exploitation of vulnerable adults and the elderly.
(a) Notwithstanding § 1-301.89a(a), and subject to the requirements under this section, the Attorney General for the District of Columbia shall have the authority to issue subpoenas for the production of documents and materials or for the attendance and testimony of witnesses under oath, or both, for the purposes of seeking relief under §§ 22-937 and 22-938.
(b)(1) Subpoena authority established by this section may only be used in furtherance of seeking relief under §§ 22-937 and 22-938.
(2) Testimony obtained pursuant to this subpoena authority shall not be used in furtherance of a criminal investigation related to a violation of § 22-933.01, and shall not be admissible in a criminal proceeding against the person who provided the information.
(c) The Attorney General shall not have the authority to issue a subpoena under this section if an indictment, information, or petition has been filed with the court formally charging the target of the investigation with a violation of § 22-933.01.
(d) The power to issue subpoenas pursuant to this section shall not be delegated other than to the Chief Deputy Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General.
(e) Subpoenas issued pursuant to this section shall contain the information required in § 1-301.88d(b).
(f) Unless otherwise permitted by the Office of the Attorney General, only attorneys for the Office of the Attorney General and their staff, other people involved in the investigation, the witness under examination, his or her attorney, interpreters when needed, and, for the purpose of taking the evidence, a stenographer or operator of a recording device may be present during the taking of testimony.
(g) In the case of refusal to obey a subpoena issued under this section, the Attorney General may petition the Superior Court of the District of Columbia for an order requiring compliance. Any failure to obey the order of the court may be treated by the court as contempt.
(h) Any person to whom a subpoena has been issued under this section may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:
(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for issuance of a subpoena;
(2) The Attorney General lacked the authority to issue the subpoena under this section; or
(3) Any other grounds that exist under statute or common law for quashing or modification of a subpoena.
§ 1–301.88f. Authority to issue grants for crime reduction, violence interruption, and assistance to victims of crime and other vulnerable residents.
(a) The Attorney General may issue grants for the purposes of crime reduction, violence interruption, and assistance to victims of crime and other categories of vulnerable residents served by the Office of the Attorney General, including seniors, children, individuals protected from discrimination under Unit A of Chapter 14 of Title 2, and individuals previously involved in the criminal justice system.
(b) Personnel and non-personnel costs related to administering any grants issued pursuant to the authority provided in subsection (a) of this section may be paid from funds deposited into the Litigation Support Fund established in § 1-301.86b.
§ 1–301.88g. Authority to issue grants for workplace rights.
(a) The Attorney General may issue grants for the purposes authorized pursuant to Chapter 1D of Title 32.
(b) Personnel and non-personnel costs related to administering any grants issued pursuant to the authority provided in subsection (a) of this section may be paid from funds deposited into the Litigation Support Fund established in § 1-301.86b.
(c) The Attorney General may issue rules to implement this section.
§ 1–301.89. Appointment of special counsel.
(a) Except as provided in subsection (b) of this section, if the Attorney General determines that his or her duty to represent the public interest in a particular matter may prevent him or her from adequately representing the government, an agency, or an official, the Attorney General shall notify the Mayor of this circumstance and the Mayor shall appoint special counsel to represent the government, an agency, or an official for the matter.
(b) If the Attorney General determines that he or she is unable to provide adequate representation pursuant to subsection (a) of this section in a matter in which the Mayor is expected to be adverse to the special counsel, the Attorney General shall notify the Chief Judge of the District of Columbia Court of Appeals, who shall appoint the special counsel for the matter.
§ 1–301.89a. Report on constitutional challenge or District of Columbia Home Rule Act validity challenge.
(a) The Attorney General shall submit a report to the Council of the District of Columbia of any action, suit, or proceeding brought in a court of law in which the Council of the District of Columbia is not a party, and the constitutionality or the validity under Chapter 2 of Title 1 [§ 1-201.01 et seq.], of any District statute, rule, regulation, program, policy, or enactment of any type is questioned, and the Attorney General has been notified pursuant to:
(1) Rule 24(c) of the Superior Court of the District of Columbia Rules of Civil Procedure; or
(2) Rule 5.1(a) of the Federal Rules of Civil Procedure.
(b) The Attorney General shall submit a report to the Council of the District of Columbia of the establishment or implementation of any formal or informal policy by the Attorney General, or any officer of the Office of the Attorney General, to refrain from:
(1) Enforcing, applying, or administering any provision of any District statute, rule, regulation, program, policy, or enactment of any type affecting the public interest of the District of Columbia; or
(2) Defending, either by affirmatively contesting or through refraining from defending, any District statute, rule, regulation, program, policy, or enactment of any type affecting the public interest of the District of Columbia.
(c)(1) A report required under subsection (a) of this section shall be submitted to the Council within 30 calendar days from the date the Attorney General receives notice as provided in subsection (a)(1) or (a)(2) of this section, and shall contain sufficient information to identify the action, suit, or proceeding underlying the challenge.
(2) A report required under subsection (b) of this section shall be submitted to the Council within 30 calendar days from the date the Attorney General establishes or implements a formal or informal policy, or is made aware of the establishment or implementation of a formal or informal policy, as described in subsection (b) of this section, and shall contain:
(A) The date the formal or informal policy, as described in subsection (b) of this section, was established or implemented; and
(B) A complete and detailed statement describing the policy and identifying the statute, rule, regulation, program, policy, or enactment that is the subject of the policy.
§ 1–301.89b. Attorney General notification on enforcement of laws.
(a) An independent agency shall notify the Attorney General of any judicial or administrative proceeding in which the independent agency is a named party when the judicial or administrative proceeding includes a challenge to:
(1) The legality of a District or federal statute or regulation;
(2) The constitutionality of a final agency decision or any action taken by the independent agency; or
(3) The statutory authority of the independent agency to act.
(b) An independent agency shall notify the Attorney General before commencing, or filing a pleading seeking leave to participate as a party or amicus curiae in, a judicial or administrative proceeding that includes a challenge as described in subsection (a) of this section.
(c) An independent agency shall provide notice as required by this section as early as practicable, but in no event later than:
(1) Seven business days after receiving notice of the judicial or administrative proceeding; or
(2) If a challenge or potential challenge requiring notice under subsection (b) of this section arises during the course of a judicial or administrative proceeding, 3 business days after becoming aware of the challenge or potential challenge.
(d) For the purposes of this section, the term "independent agency" means any office, department, division, board, commission, or instrumentality of the District of Columbia government with respect to which the Mayor and the Council are not authorized by law to establish administrative procedures, and that is not represented by the Attorney General in a judicial or administrative proceeding in which the office, department, division, board, commission or instrumentality is participating as a named party or amicus curiae. The term "independent agency" does not include the Council, the Superior Court of the District of Columbia, or the District of Columbia Court of Appeals.
§ 1–301.89c. Authority to issue subpoenas in investigation of consumer protection matters. [Recodified]
Recodified as § 1-301.88d.
§ 1–301.90. Inability to carry out duties as Attorney General.
(a)(1) If the Attorney General for the District of Columbia is temporarily unable or unavailable to carry out the duties of the office, the Chief Deputy Attorney General shall serve as acting Attorney General as of the date that notice of such disability or unavailability is provided under paragraph (2) of this subsection and until the date that notice of resolution of the disability is provided under paragraph (3) of this subsection.
(2) Upon determining that he or she is temporarily unable or unavailable to carry out the duties of the office, the Attorney General shall provide written notice of the disability to the Chief Deputy Attorney General. If the Attorney General is incapable of providing the notice, the Mayor shall provide the notice.
(3) Upon determining that the disability or unavailability under paragraph (1) of this subsection has been resolved, the Attorney General shall provide written notice to the acting Attorney General that the Attorney General is able to carry out the duties of the office. The Attorney General shall reassume the position as of the date of the written notice.
(b) This section shall apply upon the election of an Attorney General for the District of Columbia pursuant to § 1-204.35.
§ 1–301.91. Publication of arrest data.
(a) To facilitate the Office of the Attorney General's ("OAG") ability to publish data about its prosecution practices, including data about how its prosecution decisions break down by race and other demographic factors, OAG shall be permitted to analyze and publish all arrest data that the Metropolitan Police Department ("MPD") transfers to OAG, regardless of whether it transfers that data via electronic or other means.
(b) MPD shall cooperate with OAG's reasonable requests for information about the arrest data that it transfers to OAG, including requests for information about how MPD cleans and publishes its arrest data on its own website.
Part E. Additional Authority of the Director of the Office of Contracting and Procurement.
§ 1–301.110a. Leasing authority.
(a) The Director of the Office of Contracting and Procurement is authorized to enter into lease agreements with any person, copartnership, corporation, or other entity, which do not bind the government of the District of Columbia for periods in excess of 20 years for each such lease agreement, on such terms and conditions, including, without limitation, lease-purchase, as he deems to be in the interest of the District of Columbia and necessary for the accommodation of District of Columbia agencies and activities in buildings or other improvements which are in existence or are to be constructed by the lessor for such purposes, or on unimproved real property.
(b) Repealed.
(c) Repealed.
(d) Repealed.
(d-1) Repealed.
(e) The estimated maximum cost of any project approved pursuant to this section may be increased by an amount equal to the increase, if any, as determined by the Director of the Office of Contracting and Procurement, in construction or alteration costs, from the date of transmittal of the prospectus to the Council, not to exceed 10% of the estimated gross cost.
(f) Repealed.
(g) The Director of the Office of Contracting and Procurement shall not make any agreement or undertake any commitment that will result in the construction of any building that is to be constructed for lease to, and for predominant use by, the District until the Director of the Office of Contracting and Procurement has established detailed specification requirements for the building and unless the proposal is consistent with the Public Facilities Plan.
(h) Repealed.
(h-1) The Director of the Office of Contracting and Procurement may acquire a new leasehold interest in any building that is proposed to be leased for the predominant use of rentable space by, or constructed for lease to and for predominant use of rentable space by the District government without regard to §§ 2-354.02 and 2-354.03; provided that such leasehold interest is acquired pursuant to a lease negotiated on behalf of the District by a duly licensed commercial real estate broker pursuant to a tenant representative services contract then in effect between the District and the broker.
(i) The Director of the Office of Contracting and Procurement shall inspect every building to be constructed for lease to, and for predominant use by, the District government during the construction of the building in order to determine compliance with the specifications established for the building. Upon the completion of the building, the Director of the Office of Contracting and Procurement shall evaluate the building to determine the extent, if any, of failure to comply with the specifications for the building. The Director of the Office of Contracting and Procurement shall ensure that any contract entered into for a leasehold interest in a building shall contain a provision that permits a reduction in rent during any period that the building is not in compliance with the specifications for the building.
§ 1–301.110b. Use of exchange allowances or sale proceeds to purchase similar items.
In purchasing motor-propelled or animal-drawn vehicles or tractors, or road, agricultural, manufacturing, or laboratory equipment, or boats, or parts, accessories, tires, or equipment thereof, the Director of the Office of Contracting and Procurement or his duly authorized representatives may exchange or sell similar items and apply the exchange allowances or proceeds of sales in such cases in whole or in part payment therefor.
Part F. Additional Authority of the Attorney General.
§ 1–301.111. Duties of the Corporation Counsel. [Repealed]
Repealed.
§ 1–301.112. Duties of Assistant Corporation Counsels. [Repealed]
Repealed.
§ 1–301.113. Corporation Counsel and Assistants may administer oaths. [Repealed]
Repealed.
§ 1–301.114. Funding for civil legal services. [Repealed]
Repealed.
Part F-i. Office of the Inspector General.
§ 1–301.115a. Creation and duties of Office of the Inspector General.
(a)(1)(A) There is created within the executive branch of the government of the District of Columbia the Office of the Inspector General. The Office shall be headed by an Inspector General appointed pursuant to subparagraph (B) of this subsection, who shall serve for a term of 6 years and shall be subject to removal only for cause by the Mayor (with the approval of the District of Columbia Financial Responsibility and Management Assistance Authority in a control year) or (in the case of a control year) by the Authority. The Inspector General shall not serve in a hold-over capacity upon the expiration of his or her term.
(A-i)(i) If a vacancy in the position of Inspector General occurs as a consequence of resignation, disability, death, or a reason other than the expiration of the term of the Inspector General, the Mayor shall appoint a replacement to fill the unexpired term in the same manner provided in subparagraph (C) of this paragraph; provided, that the Mayor shall submit the nomination to the Council within 30 days after the occurrence of the vacancy. A person appointed to fill the unexpired term shall serve only for the remainder of the term.
(ii) If a vacancy occurs, no person shall serve on an acting basis as the Inspector General unless the person meets the requirements of subparagraph (D-i) [repealed] of this paragraph.
(A-ii) The Inspector General first appointed by the Mayor by and with the advice and consent of the Council, on or after November 4, 2003, shall serve until May 19, 2008. Each Inspector General appointed to fill the position after May 19, 2008 shall serve a 6-year term to end May 19, 2014 and every 6 years thereafter.
(B) During a control year, the Inspector General shall be appointed by the Mayor as follows:
(i) Prior to the appointment of the Inspector General, the Authority may submit recommendations for the appointment to the Mayor.
(ii) In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination.
(iii) After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under sub-subparagraph (ii) of this subparagraph, the Mayor shall notify the Authority of the nomination.
(iv) The nomination shall be effective subject to approval by a majority vote of the Authority.
(C) During a year which is not a control year, the Inspector General shall be appointed by the Mayor with the advice and consent of the Council. Prior to appointment, the Authority may submit recommendations for the appointment.
(D) The Inspector General shall be appointed:
(i) Without regard to party affiliation;
(ii) On the basis of integrity;
(iii) With demonstrated supervisory and management experience; and
(iv) With demonstrated experience and ability, in the aggregate, in law, accounting, auditing, financial management analysis, public administration, or investigations.
(D-i) Repealed.
(E)(i) The Inspector General shall be paid at a rate established by the Mayor, subject to Council approval by resolution.
(ii) On or after March 14, 2007, the Mayor may re-determine the compensation of the incumbent Inspector General retroactive to the date of his appointment.
(2) The annual budget for the Office shall be adopted as follows:
(A) The Inspector General shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of title IV of the District of Columbia Home Rule Act [§ 1-204.41 et seq.], for the year, annual estimates of the expenditures and appropriations necessary for the operation of the Office for the year. All such estimates shall be forwarded by the Mayor to the Council of the District of Columbia for its action pursuant to §§ 1-204.46 and 1-206.03(c), without revision but subject to recommendations, including recommendations on reallocating any funds from the Inspector General's estimates to other items in the District budget.
(B) Amounts appropriated for the Inspector General shall be available solely for the operation of the Office, and shall be paid to the Inspector General by the Mayor (acting through the Chief Financial Officer of the District of Columbia) in such installments and at such times as the Inspector General requires.
(3) The Inspector General shall:
(A) Conduct independent fiscal and management audits of District government operations;
(B) Receive notification in advance of all external audits conducted by any District government entity, with the exception of the District of Columbia Auditor, and immediately provided with a copy of any final report issued;
(C) Serve as principal liaison between the District government and the U.S. General Accounting Office;
(D) Independently conduct audits, inspections, assignments, and investigations as the Mayor shall request, and any other audits, inspections and investigations that are necessary or desirable in the Inspector General’s judgment;
(E) Annually conduct an operational audit of all procurement activities carried out pursuant to this chapter in accordance with regulations and guidelines prescribed by the Mayor and issued in accordance with § 2-302.05 [repealed];
(F)(i) Forward to the appropriate authority any report, as a result of any audit, inspection or investigation conducted by the office, identifying misconduct or unethical behavior; and
(ii) Forward to the Mayor, within a reasonable time of reporting evidence of criminal wrongdoing to the Office of the U.S. Attorney or other law enforcement office, any report regarding the evidence, if appropriate;
(G) Pursuant to a contract described in paragraph (4) of this subsection, provide certifications under § 47-3401.01(b)(5);
(H) Pursuant to a contract described in paragraph (4) of this subsection, audit the complete financial statement and report on the activities of the District government for such fiscal year, for the use of the Mayor under § 1-204.48(a)(4);
(I) Not later than 30 days before the beginning of each fiscal year (beginning with fiscal year 1996) and in consultation with the Mayor, the Council, and the Authority, establish an annual plan for audits to be conducted under this paragraph during the fiscal year under which the Inspector General shall report only those variances which are in an amount equal to or greater than $1,000,000 or 1% of the applicable annual budget for the program in which the variance is found (whichever is lesser); and
(J) During fiscal year 2006 and each succeeding fiscal year, conduct investigations to determine the accuracy of certifications made to the Chief Financial Officer of the District of Columbia under § 1-204.24d(28) of attorneys in special education cases brought under the Individuals with Disabilities Education Act in the District of Columbia.
(4) The Inspector General shall enter into a contract with an auditor who is not an officer or employee of the Office to:
(A) Audit the financial statement and report described in paragraph (3)(H) of this subsection for a fiscal year, except that the financial statement and report may not be audited by the same auditor (or an auditor employed by or affiliated with the same auditor, except as may be provided in paragraph (5)) for more than 5 consecutive fiscal years; and
(B) Audit the certification described in paragraph (3)(G) of this subsection.
(5) Notwithstanding paragraph (4)(A) of this subsection, an auditor who is a subcontractor to the auditor who audited the financial statement and report described in paragraph (3)(H) of this subsection for a fiscal year may audit the financial statement and report for any succeeding fiscal year (as either the prime auditor or as a subcontractor to another auditor) if:
(A) Such subcontractor is not a signatory to the statement and report for the previous fiscal year;
(B) The prime auditor reviewed and approved the work of the subcontractor on the statement and report for the previous fiscal year; and
(C) The subcontractor is not an employee of the prime contractor or of an entity owned, managed, or controlled by the prime contractor.
(a-1) It is the purpose of the Office of the Inspector General to independently:
(1) Conduct and supervise audits, inspections and investigations relating to the programs and operations of District government departments and agencies, including independent agencies;
(2) Provide leadership and coordinate and recommend policies for activities designed to promote economy, efficiency, and effectiveness and to prevent and detect corruption, mismanagement, waste, fraud, and abuse in District government programs and operations; and
(3) Provide a means for keeping the Mayor, Council, and District government department and agency heads fully and currently informed about problems and deficiencies relating to the administration of these programs and operations and the necessity for and progress of corrective actions.
(b)(1) In determining the procedures to be followed and the extent of the examinations of invoices, documents, and records, the Inspector General shall give due regard to the provisions of this chapter and shall comply with standards established by the U.S. Comptroller General for audits of federal establishments, organizations, programs, activities and functions, and shall comply with standards established by the President’s Council on Integrity and Ethics for investigations and inspections, and generally accepted procurement principles, practices, and procedures, including federal and District case law, decisions of the U.S. Comptroller General, and decisions of federal contract appeals boards.
(2) The Inspector General shall give due regard to the activities of the District of Columbia Auditor with a view toward avoiding duplication and insuring effective coordination and cooperation. The Inspector General shall take appropriate steps to assure that work performed by auditors, inspectors and investigators within or for the Office of the Inspector General shall comply with the standards and procedures determined through the application of this subsection.
(b-1) The Inspector General shall not disclose the identity of any person who brings a complaint or provides information to the Inspector General, without the person’s consent, unless the Inspector General determines that disclosure is unavoidable or necessary to further the ends of an investigation.
(c)(1) The Inspector General shall have access to the books, accounts, records, reports, findings, and all other papers, items, or property belonging to or in use by all departments, agencies, instrumentalities, and employees of the District government, including agencies which are subordinate to the Mayor, independent agencies, boards, and commissions, but excluding the Council of the District of Columbia, and the District of Columbia Courts, necessary to facilitate an audit, inspection or investigation.
(2)(A) The Inspector General may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Inspector General.
(B) If a person refuses to obey a subpoena issued under subparagraph (A) of this paragraph, the Inspector General may apply to the Superior Court of the District of Columbia for an order requiring that person to appear before the Inspector General to give testimony, produce evidence, or both, relating to the matter under investigation. Any failure to obey the order of the court may be punished by the Superior Court as civil contempt.
(3) The Inspector General is authorized to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to perform the Inspector General’s duties. The Inspector General is authorized to delegate the power to administer to or take from any person an oath, affirmation, or affidavit, when he or she deems it appropriate.
(d)(1) The Inspector General shall compile for submission to the Authority (or, with respect to a fiscal year which is not a control year, the Mayor and the Council), at least once every fiscal year, a report setting forth the scope of the Inspector General’s operational audit, and a summary of all findings and determinations made as a result of the findings.
(2) Included in the report shall be any comments and information necessary to keep the Authority, the Mayor and the Council informed of the adequacy and effectiveness of procurement operations, the integrity of the procurement process, and adherence to the provisions of this chapter.
(3) The report shall contain any recommendations deemed advisable by the Inspector General for improvements to procurement operations and compliance with the provisions of this chapter.
(4) The Inspector General shall make each report submitted under this subsection available to the public, except to the extent that the report contains information determined by the Inspector General to be privileged.
(e) The Inspector General may undertake reviews and investigations, and make determinations or render opinions as requested by the Authority. Any reports generated as a result of the requests shall be automatically transmitted to the Council within 10 days of publication.
(e-1) The Inspector General shall audit the annual financial statement and report on the activities of the District of Columbia Housing Authority out of local funds appropriated to the Authority by the Council, in accordance with the requirements set forth in subsection (a)(4) and (5) of this section. In addition, the Inspector General may undertake reviews and investigations of the District of Columbia Housing Authority and make determinations or render opinions.
(f) In carrying out the duties and responsibilities established under this section, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal or District criminal law.
(f-1) An employee of the Office of the Inspector General who, as part of his or her official duties, conducts investigations of alleged felony violations, shall possess the following authority while engaged in the performance of official duties within the District of Columbia, at a District government facility located outside of the District, or, subject to federal, state and local laws, outside of the District:
(1) To carry a firearms and less lethal weapons; provided, that:
(A) The employee has completed a course of training in the safe handling of firearms and less lethal weapons and the appropriate use of force;
(B) The employee is qualified in the safe handling of firearms and less lethal weapons and the appropriate use of force according to the standards applicable to officers of the Metropolitan Police Department and the standards found in the U.S. Attorney General Guidelines for Offices of Inspector General with Statutory Law Enforcement Authority, or similar subsequent guidelines;
(C) That the employee shall not carry a firearm or less lethal weapon in the course of official duties unless it is authorized in writing by the Inspector General;
(D) That the employee shall be subject to the limitations on the use of force generally applicable to law enforcement officers in the District; and
(E) The Inspector General, in consultation with the Metropolitan Police Department, has issued written guidelines pertaining to the authority to carry weapons, the appropriate use and deployment of those weapons, weapons issuance and security, weapons training, and the appropriate use of force.
(2) Notwithstanding any other law, to make an arrest without a warrant while the employee is engaged in the performance of his or her official duties in the District of Columbia, at a District government facility located outside of the District, or, subject to federal, state, and local laws, outside of the District of Columbia; provided, that:
(A) The employee has probable cause to believe that a felony violation of a federal or District statute is being committed in his or her presence; or
(B) The employee has probable cause to believe that the person to be arrested has committed a felony; and
(3) To serve as an affiant for, to apply to an appropriate judicial officer for, and to execute arrest warrants or warrants for search and seizure if the warrant is issued under authority of the District of Columbia or of the United States upon probable cause.
(f-2) The Inspector General shall prepare an annual report not later than December 1st of each year, summarizing the activities of the Office of the Inspector General during the preceding fiscal year, including a report detailing all uses of force by employees covered by subsection (f-1) of this section, including:
(1) The date, time, and location of each incident;
(2) A description of each use of force; and,
(3) The result of any investigation of each use of force, including any determination of whether the use of force was justified and any discipline imposed.
(f-3) Failure on the part of any District government employee or contractor to cooperate with the Inspector General by not providing requested documents or testimony needed for the performance of his or her duties in conducting an audit, inspection or investigation shall be cause for the Inspector General to recommend appropriate administrative actions to the personnel or procurement authority, and shall be grounds for adverse actions as administered by the personnel or procurement authority, including the loss of employment or the termination of an existing contractual relationship.
(f-4) Anyone who has the authority to take or direct others to take, recommend, or approve any personnel action, shall not, with respect to this authority, take or threaten to take any action against another as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
(f-5) A peer review of the Office of the Inspector General’s audit, inspection and investigation sections’ standards, policies, procedures, operations, and quality controls shall be performed no less than once every 3 years by an entity not affiliated with the Office of the Inspector General. Any final report shall be distributed to the Mayor, the Council and the Financial Responsibility and Management Assistance Authority.
(f-6) Except as prohibited by § 24-211.07, the Inspector General may enter into an agreement with a federal, state, or local law enforcement agency to assist the Office of the Inspector General in carrying out its duties, including through:
(1) Sponsoring and obtaining special deputation of an employee of the Office of the Inspector General, who as part of his or her official duties conducts investigations of alleged felony violations;
(2) Receiving and, to the extent necessary for the completion of joint operations, sharing equipment, supplies, and services; and
(3) Entering into agreements that delineate investigative responsibilities and functions between the respective agencies in areas of joint jurisdiction.
(f-7) Not funded.
(g) In this section:
(1) The term “Authority” means the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47-391.01(a);
(2) The term “control year” has the meaning given such term under § 47-393(4); and
(3) The term “District government” has the meaning given such term under § 47-393(5).
§ 1–301.115b. Deadline for appointment of Inspector General.
(a) In general. — Not later than 30 days after its members are appointed, the Mayor shall appoint the Inspector General of the District of Columbia pursuant to § 1-301.115a(a)(1).
(b) Transition rule. — The term of service of the individual serving as the Inspector General under § 1-301.115a(a) prior to the appointment of the Inspector General by the Authority under § 1-301.115a(a)(1) shall expire upon the appointment of the Inspector General by the Authority.
§ 1–301.115c. Office of the Inspector General Support Fund.
(a) There is established as a special fund the Office of the Inspector General Support Fund ("Fund"), which shall be administered by the Office of the Inspector General ("OIG") in accordance with subsection (d) of this section.
(b) The following funds shall be deposited into the Fund:
(1) Twenty-five percent of the revenue received by the District from each restitution and recoupment resulting from a criminal action that was initiated based on a referral by the OIG of a criminal matter to the United States Attorney's Office or the Office of the Attorney General for the District of Columbia; provided, that such revenue is not due to another party or encumbered by federal or other legal restrictions; provided further, that before the deposit of such revenue into the Fund in each of Fiscal Years 2022 through 2025, there shall be deposited first into the General Fund of the District of Columbia $284,000 from such recoveries or from recaptured payments described in paragraph (2) of this subsection;
(2) Twenty-five percent of the revenue received by the District resulting from recaptured overpayments identified by the OIG during the course of an audit, inspection, or evaluation; provided, that such revenue is not due to another party or encumbered by federal or other legal restrictions; provided further, that before the deposit of such revenue into the Fund in each of Fiscal Years 2022 through 2025, there shall be deposited first into the General Fund of the District of Columbia $284,000 from such recaptured overpayments or from recoveries described in paragraph (1) of this subsection; and
(3) Notwithstanding any other law, all unspent local funds in excess of $1 million remaining in the operating budget of the Office of the Inspector General at the end of each fiscal year.
(c)(1) Notwithstanding subsection (b) of this section:
(A) No more than $3 million may be deposited into the Fund in any fiscal year; and
(B) No additional revenue shall be deposited into the Fund if the deposit of the additional revenue would result in the total amount in the Fund exceeding $5 million.
(2) Revenue described in subsection (b) of this section that is not deposited into the Fund as a result of the restrictions set forth in this subsection instead shall be deposited in the General Fund.
(d) Money in the Fund shall be used to support the OIG's statutory responsibilities as set forth in § 1-301.115a.
(e)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(f) For the purposes of this section, the term "recaptured overpayments" means local funds disbursed by a District agency, a District contractor, a District grantee, or other entity administering a District program or activity in excess of statutory, contractual, or other applicable legal requirements, when such excess disbursements are identified by the OIG in an audit or investigation, and when such excess disbursements are recovered by the District based on the OIG audit or investigation.
Part G. Authority to Participate in Multistate Efforts to Develop Sales and Use Taxes.
§ 1–301.121. Definitions.
For the purposes of this part, the term:
(1) “Agreement” means the Streamlined Sales and Use Tax Agreement as amended and adopted on January 27, 2001.
(2) “Certified Automated System” means software certified jointly by the states that are signatories to the Agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction.
(3) “Certified Service Provider” means an agent certified jointly by the states that are signatories to the Agreement to perform all of the seller’s sales tax functions.
(4) “Person” means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity.
(5) “Sales Tax” means the tax levied under Chapter 20 of Title 47.
(6) “Seller” means any person making sales, leases, or rentals of personal property or services.
(7) “State” means any state of the United States and the District of Columbia.
(8) “Use Tax” means the tax levied under Chapter 22 of Title 47.
§ 1–301.122. Authority to participate in multistate negotiations.
(a) For the purposes of reviewing or amending the Agreement embodying the simplification requirements as contained in § 1-301.125, the District of Columbia shall enter into multistate discussions. For purposes of the discussions, the District of Columbia shall be represented by 4 delegates.
(b) The Mayor shall appoint one delegate to serve at the pleasure of the Mayor.
(c) The Chairman of the Council shall appoint one delegate to serve at the pleasure of the Chairman of the Council.
(d) The Chief Financial Officer of the District of Columbia (“Chief Financial Officer”) shall appoint one delegate to serve at the pleasure of the Chief Financial Officer.
(e) The Council on State Taxation shall appoint one tax counsel to serve as a delegate of the District of Columbia. The Council on State Taxation shall notify the Mayor and the Chairman of the Council of the appointment by registered mail.
§ 1–301.123. Authority to enter into agreement.
(a) The Chief Financial Officer may enter into the Agreement with one or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce. In furtherance of the Agreement, the Chief Financial Officer may act jointly with other states that are members of the Agreement to establish standards for certification of a Certified Service Provider and Certified Automated System and establish performance standards for multistate sellers.
(b) The Chief Financial Officer may take other actions reasonably required to implement the provisions set forth in this part. Other actions authorized by this section include the adoption of rules and regulations and the joint procurement, with other member states, of goods and services in furtherance of the cooperative agreement.
(c) The Chief Financial Officer, or his or her designee, may represent the District of Columbia before the other states that are signatories to the Agreement.
§ 1–301.124. Relationship to District of Columbia law.
No provision of the Agreement shall, in whole or part, invalidate or amend any provision of the law of the District of Columbia. Adoption of the Agreement by the District of Columbia shall not amend or modify any law of the District of Columbia. Implementation of any condition of the Agreement in the District of Columbia, whether adopted before, at, or after membership of the District of Columbia in the Agreement, shall be by the action of the Council.
§ 1–301.125. Agreement requirements.
The Chief Financial Officer shall not enter into the Streamlined Sales and Use Tax Agreement unless the Agreement addresses the following issues:
(1) The Agreement shall set restrictions to limit over time the number of state rates.
(2) The Agreement shall establish uniform standards for the sourcing of transactions to taxing jurisdictions; the administration of exempt sales; and sales and use tax returns and remittances.
(3) The Agreement shall provide a central, electronic registration system that allows a seller to register to collect and remit sales and use taxes for all signatory states.
(4) The Agreement shall provide that registration with the central registration system and the collection of sales and use taxes in the signatory states will not be used as a factor in determining whether the seller has nexus with a state for any tax.
(5) The Agreement shall provide for reduction of the burdens of complying with local sales and use taxes through the following:
(A) Restricting variances between the state and local tax bases;
(B) Requiring states to administer any sales and use taxes levied by local jurisdictions within the state so that sellers collecting and remitting these taxes will not have to register or file returns with, remit funds to, or be subject to independent audits from local taxing jurisdictions;
(C) Restricting the frequency of changes in the local sales and use tax rates and setting effective dates for the application of local jurisdictional boundary changes to local sales and use taxes; and
(D) Providing notice of changes in local sales and use tax rates and of changes in the boundaries of local taxing jurisdictions.
(6) The Agreement shall outline any monetary allowances that are to be provided by the states to sellers or Certified Service Providers. The Agreement shall allow for a joint public and private sector study of the compliance cost on sellers and Certified Service Providers to collect sales and use taxes for state and local governments under various levels of complexity to be completed by July 1, 2002.
(7) The Agreement shall require each state to certify compliance with the terms of the Agreement prior to joining and to maintain compliance, under the laws of the member state, with all provisions of the Agreement while a member.
(8) The Agreement shall require each state to adopt a uniform policy for Certified Service Providers that protects the privacy of consumers and maintains the confidentiality of tax information.
(9) The Agreement shall provide for the appointment of an advisory council of private sector representatives and an advisory council of non-member state representatives to consult with in the administration of the Agreement.
§ 1–301.126. Cooperating sovereigns.
The Agreement is an accord among individual cooperating sovereigns in furtherance of their governmental functions. The Agreement provides a mechanism among the member states to establish and maintain a cooperative, simplified system for the application and administration of sales and use taxes under the duly adopted law of each member state.
§ 1–301.127. Limited binding and beneficial effect.
(a) The Agreement shall bind and inure only to the benefit of the District of Columbia and the other member states. No person, other than a member state, is an intended beneficiary of the Agreement. Any benefit to a person other than a state shall be established by the law of the District of Columbia and the other member states and not by the terms of the Agreement.
(b) Consistent with subsection (a) of this section, no person shall have any cause of action or defense under the Agreement or by virtue of the District of Columbia’s approval of the Agreement. No person may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the District of Columbia, or any political subdivision of the District of Columbia, on the ground that the action or inaction is inconsistent with the Agreement.
(c) No law of the District of Columbia, or the application thereof, shall be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement.
§ 1–301.128. Seller and third party liability.
(a) A Certified Service Provider shall be the agent of a seller, with whom the Certified Service Provider has contracted, for the collection and remittance of sales and use taxes. As the seller’s agent, the Certified Service Provider shall be liable for sales and use tax due each member state on all sales transactions it processes for the seller except as set forth in this section. A seller that contracts with a Certified Service Provider shall not be liable to the state for sales or use tax due on transactions processed by the Certified Service Provider unless the seller misrepresented the type of items it sells or committed fraud. In the absence of probable cause to believe that the seller has committed fraud or made a material misrepresentation, the seller shall not be subject to audit on the transactions processed by the Certified Service Provider. A seller shall be subject to audit for transactions not processed by the Certified Service Provider. The member states acting jointly may perform a system check of the seller and review the seller’s procedures to determine if the Certified Service Provider’s system is functioning properly and the extent to which the seller’s transactions are being processed by the Certified Service Provider.
(b) A person that provides a Certified Automated System shall be responsible for the proper functioning of that system and shall be liable to the state for underpayments of tax attributable to errors in the functioning of the Certified Automated System. A seller that uses a Certified Automated System remains responsible and shall be liable to the state for reporting and remitting tax.
(c) A seller that has a proprietary system for determining the amount of tax due on transactions and has signed an agreement establishing a performance standard for that system shall be liable for the failure of the system to meet the performance standard.
Part H. Chief Financial Officer for the Department of Housing and Community Development.
§ 1–301.141. Chief Financial Officer for the Department of Housing and Community Development.
(a) The Chief Financial Officer shall appoint a chief financial officer for the Department of Housing and Community Development (“Department”), with the approval of the Director of the Department, to provide services solely to the Department. The chief financial officer for the Department shall not be the chief financial officer for any other executive branch office or agency. The chief financial officer for the Department shall have significant knowledge of, and experience with, programs the Department administers in conjunction with the United States Department of Housing and Urban Development.
(b) The Chief Financial Officer shall make the appointment under subsection (a) of this section at the earlier of the following:
(1) When the Chief Financial Officer conducts the reorganization of the Office of Chief Financial Officer; or
(2) December 1, 2002.
Part I. Chief Financial Officer Additional Duties.
§ 1–301.151. Analysis of health care costs at Department of Corrections; plan to create Public Safety Overtime Bank.
In Fiscal Year 2003, the Chief Financial Officer shall:
(1) Analyze health care costs at the Department of Corrections and recommend alternatives based on the analysis; and
(2) Develop a plan to create a Public Safety Overtime Bank that would fund and oversee overtime expenditures by the Metropolitan Police Department, Fire and Emergency Medical Services Department, and the Department of Corrections.
§ 1–301.152. Contingency cash reserve notification.
Within 3 business days after an allocation from or use of the contingency cash reserve fund established by § 1-204.50a, the Chief Financial Officer shall transmit to the Budget Director of the Council a report of the:
(1) Amount of the allocation or use; and
(2) Purpose of the allocation or use.
§ 1–301.153. Marriage equality estate tax clarification.
The Chief Financial Officer is directed to make the clarifying changes to all estate tax forms, filing instructions, and regulations necessary to make it clear that all married couples are eligible for estate tax deductions and exclusions, including the spousal exclusion of bequests, whether direct or through trusts, to a surviving spouse, regardless of whether such marriage is recognized under federal law.
§ 1–301.154. Statehood initiatives budgeting.
Beginning in Fiscal Year 2015, the Chief Financial Officer shall assign an individual agency-level code for Statehood Initiatives in the District’s financial system. The agency-level code shall be used to track the operating budget for the District’s efforts to achieve statehood and any funds that are appropriated for that purpose.
§ 1–301.155. Financial reporting.
(a) No later than December 1, 2014, and on a quarterly basis thereafter, until the approval of the Fiscal Year 2016 budget and financial plan, the Chief Financial Officer shall provide a report to the Council on the following subjects:
(1) Progress toward ensuring that the Fiscal Year 2016 budget will be balanced, including:
(A) Savings achieved to date;
(B) Additional revenue certified through revised revenue estimates; and
(C) Additional revenue that may be certified through revenue enhancements;
(2) An analysis of procurement reform efforts in Fiscal Year 2014, including:
(A) Contracts reviewed for potential cost savings;
(B) Savings secured through the renegotiation of existing contracts; and
(C) A report from the Office of Contracting and Procurement to the Chief Financial Officer regarding subparagraphs (A) and (B) of this paragraph,
(3) An analysis of personnel review efforts, including:
(A) Positions left vacant or eliminated as a result of cost-savings initiatives; and
(B) Savings secured through personnel savings; and
(4) Any other operating budget savings achieved or targeted in Fiscal Year 2014.
(b) Agencies shall report on their progress toward limiting personal and nonpersonal expenditures whether one-time or recurring.
§ 1–301.156. Tax transparency.
For the purposes of this section and § 1-301.157, the term:
(1) “Categorical preference” means a tax preference that sets eligibility criteria and is potentially available to all entities that meet the criteria, subject to any funding limitations.
(2) “CFO” means the Chief Financial Officer of the District of Columbia.
(3) “Economic development purpose” means a goal to increase or retain business activity, including attracting new businesses or retaining existing ones, encouraging business expansion or investment, increasing or maintaining hiring, or increasing sales.
(4) “Individual preference” means a tax preference, such as a tax abatement, applied to one entity, project, or associated projects.
(5) “On-cycle tax preference” means a tax preference being reviewed in a current year.
(6) “Tax preference” shall have the same meaning as the phrase “tax expenditures” as defined in § 47-318(6).
§ 1–301.157. Tax preference review.
(a) The CFO shall review all locally adopted tax expenditures on a 5-year cycle and publish annually a report complying with the requirements of this section.
(b) By October 1, 2015, and by October 1 of every year thereafter, the CFO shall submit for publication in the District of Columbia Register a report for on-cycle tax preferences that complies with the requirements of this section.
(d) An on-cycle individual preference shall be analyzed and reported in the following manner:
(1) An individual preference shall be analyzed and reported in groupings of similarly purposed preferences, with the report focusing on collective effects or trends that emerge.
(2) The report shall include the stated purpose of the of tax preferences within the grouping, if clarified in the authorizing legislation.
(3) The report shall include the amount of lost revenue due to the tax preferences within the grouping.
(4) The report shall include an assessment of the general effects on the District resulting from the preferences.
(5) The report on groupings of individual preferences shall include recommendations on how to improve similar preferences in the future.
(6) For groupings of individual tax preferences with an economic development purpose, the analysis shall consider the economic impact of the preferences, and where sufficient data are available, take into account factors including:
(A) Whether the economic impact of the tax preferences would have been expected without the preferences;
(B) The extent to which the economic impact of the tax preferences was offset by economic losses elsewhere;
(C) The average economic impact for a level of direct expenditures equal to the cost of the tax preferences;
(D) The indirect economic impact of the tax preferences;
(E) The number of jobs created by the preference;
(F) The wages of the jobs created;
(G) The percentage of jobs filled by District residents; and
(H) Whether any terms of the tax preferences have been or are being satisfied.
(e) Except as provided in subsection (f) of this section, on-cycle categorical preferences shall receive a full review that, where sufficient data are available, includes:
(1) The purpose of the tax preference, if clarified in the authorizing legislation;
(2) The tax preference’s cost in terms of lost revenue;
(3) An assessment of whether the tax preference is meeting its goals;
(4) An assessment of whether the tax preference is achieving other goals;
(5) Recommendations for improving the effectiveness of the tax preference;
(6) Recommendations for whether the tax preference should be modified, discontinued, or remain in its existent state; and
(7) For tax preferences with an economic development purpose, an analysis that measures the economic impact of the preference, including:
(A) Whether the economic impact of the tax preference would have been expected without the preference;
(B) The extent to which the economic impact of the tax preference was offset by economic losses elsewhere;
(C) The average economic impact for a level of direct expenditures equal to the cost of the tax preference; and
(D) The indirect economic impact effect of the tax preference.
(f) For on-cycle categorical tax preferences that the CFO determines do not merit a full review, the CFO shall instead perform a summary review. In determining which tax preferences are appropriate for a summary review, the CFO shall consider factors including, at a minimum:
(1) The revenue lost due to the tax preference and the number of potential or actual claimants;
(2) Whether the revenue lost due to the preference has increased or decreased since the preference was last reviewed;
(3) Whether the preference has been included in legislative or administrative proposals to modify or repeal; and
(4) Whether the preference is required by Chapter 2 of this title [§ 2-201.01 et seq.].
(g) A report on a categorical preference designated for summary review shall include:
(1) A narrative summary of the preference, including its purpose;
(2) The source and year of statutory authorization;
(3) The fiscal impact of the preference; and
(4) A description of the beneficiaries of the tax preference.
(h) All District agencies, offices, and instrumentalities shall cooperate with the CFO and shall provide any records, information, data, and data analysis needed to complete the reviews and reports required by this section.
§ 1–301.158. Chief Financial Officer collection of fees and processing costs.
(a) For any payment made by credit card or other electronic payment method, the Chief Financial Officer may impose any fee or processing cost related to the transfer or payment method.
(b) The Office of the Chief Financial Officer may promulgate regulations to implement the provisions of this section.
§ 1–301.159. Budget structure for new agencies.
The Chief Financial Officer may, for the purpose of establishing a budget structure for new agencies within the financial system for Fiscal Year 2022:
(1) Create new agencies in the financial system, as necessary, and reallocate funds in the Office of the Chief Financial Officer for the purpose of implementing Chapter 6D of Title 4; and
(2)(A) Create the Department of Buildings and redesignate the Department of Consumer and Regulatory Affairs ("DCRA") as the Department of Licensing and Consumer Protection in the financial system; and
(B) Reallocate funds budgeted in DCRA and in the Non-Departmental Account as necessary to implement Chapter 5B of Title 10 and § 6-507.
§ 1–301.160. Section 108 debt reserve account.
(a) The Chief Financial Officer shall establish as a special fund under § 1-204.50, or as an account at a financial institution outside the District government, the Section 108 Debt Reserve Account ("Account").
(b) The Chief Financial Officer shall deposit into the Account an amount sufficient to pay the principal and interest due during the remainder of that fiscal year to the Department of Housing and Urban Development in the event of a default on a loan of amounts borrowed by the District under the federal loan guarantee program authorized by section 108 of the Housing and Community Development Act of 1974, approved August 22, 1974 (88 Stat. 647; 42 U.S.C. 5308).
Part J. District of Columbia Auditor Subpoena and Oath Authority.
§ 1–301.171. Subpoena power.
The District of Columbia Auditor may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records, including books, papers, documents, and any other evidence relating to any matter under investigation by the District of Columbia Auditor.
§ 1–301.172. Refusal to obey subpoena.
(a) In a case of contumacy or refusal to obey a subpoena issued to a person under § 1-301.171, the Auditor may apply to the Superior Court of the District of Columbia for an order requiring the contumacious person to appear relating to the matter under investigation. Failure to obey the Court’s order shall be punishable as contempt of court.
(b) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171, the District of Columbia Auditor may be awarded reasonable attorney fees and other costs of litigation.
(c) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171 and is not awarded reasonable attorney’s fees, the District government agency or instrumentality challenging the enforcement order shall reimburse the District of Columbia Auditor for any litigation-related expenses or costs incurred.
§ 1–301.173. Administration of oaths.
The District of Columbia Auditor, or a delegate authorized by the Auditor, may administer oaths, affirmations, or take affidavits, whenever necessary to perform the duties of the Auditor.
§ 1–301.174. District of Columbia Auditor Legal Fund. [Repealed]
Repealed.
§ 1–301.175. Deputy Auditor for Public Safety.
(a) There is established within the Office of the District of Columbia Auditor the position of Deputy Auditor for Public Safety.
(b) The Deputy Auditor for Public Safety shall be appointed by the Auditor.
(c) In addition to other qualifications the Auditor considers necessary, the Deputy Auditor for Public Safety shall, at a minimum, have knowledge of law enforcement and corrections policies and practices, particularly regarding internal investigations for officer misconduct and uses of force.
§ 1–301.176. Duties of the Deputy Auditor for Public Safety.
The Deputy Auditor for Public Safety shall, in addition to any other responsibilities assigned by the Auditor or by law:
(1) Conduct periodic reviews of the complaint review process and make recommendations, where appropriate, to the Mayor, the Council, and the designated agency principal concerning the status and the improvement of the complaint process and the management of the Metropolitan Police Department ("MPD") and the District of Columbia Housing Authority Police Department ("DCHAPD") affecting the incidence of police misconduct, such as the recruitment, training, evaluation, discipline, and supervision of police officers; and
(2) Periodically review the following with respect to MPD, DCHAPD, or the Office of the Inspector General:
(A) The number, type, and disposition of complaints received, investigated, sustained, or otherwise resolved;
(B) The race, national origin, gender, and age of the complainant, if known, and the subject officer or officers;
(C) The proposed discipline and the actual discipline imposed on a police officer as a result of any sustained complaint;
(D) All use of force incidents, serious use of force incidents, and serious physical injury incidents; and
(E) Any in-custody death.
Part K. District of Columbia Auditor Compliance Unit. [Repealed]
§ 1–301.181. Establishment of a compliance unit. [Repealed]
Repealed.
§ 1–301.182. Powers of the Unit. [Repealed]
Repealed.
§ 1–301.183. Reporting requirements. [Repealed]
Repealed.
§ 1–301.184. Compliance review reporting requirements. [Repealed]
Repealed.
Part L. Office of the Deputy Mayor for Public Safety and Justice.
§ 1–301.191. Office of the Deputy Mayor for Public Safety and Justice; establishment; authority.
(a) Pursuant to § 1-204.04(b), the Council establishes the Office of the Deputy Mayor for Public Safety and Justice (“Office”), as a separate agency, subordinate to the Mayor, within the executive branch of the District of Columbia government, which shall be headed by the Deputy Mayor for Public Safety and Justice.
(b) Except as provided in subsection (d) of this section, the Deputy Mayor for Public Safety and Justice shall be appointed to head the Office pursuant to § 1-523.01(a).
(c) The Office shall:
(1) Be responsible for providing guidance and support to, and coordination of, public safety, justice, and returning citizen agencies within the District of Columbia government, including the Office on Returning Citizen Affairs, established by § 24-1302;
(2) Ensure accountability through general oversight over public safety, justice, and returning citizen agencies, as well as the programs under the jurisdiction of the Office;
(3) Promote, coordinate, and oversee collaborative efforts among District government agencies, and between District and federal government agencies, to ensure public safety and enhance the delivery of public safety, justice, and returning citizen services;
(4) Serve as a liaison to federal government agencies associated with public safety, justice, or returning citizen issues, in the coordination, planning, and implementation of public safety, justice, and returning citizen matters;
(5) Repealed.
(6) Beginning December 31, 2017, and by December 31 of each year thereafter, deliver a report to the Mayor and the Council that analyzes the trends associated with the Metropolitan Police Department’s felony crime statistics. The report shall include:
(A) The number and type of felony arrests made by the Metropolitan Police Department;
(B) The number of felony arrests that resulted in conviction and the sentence imposed;
(C) The location of felony arrests by ward, district, and police service area;
(D) The number of suspects involved in each felony arrest;
(E) The number of victims involved in each felony arrest;
(F) The characteristics of each suspect arrested for a felony crime, including:
(i) The age of the suspect;
(ii) The race of the suspect;
(iii) The gender of the suspect;
(iv) The level of education of the suspect;
(v) The police service area where the suspect resides;
(vi) The number of prior arrests the suspect has had with the Metropolitan Police Department;
(vii) The number and type of convictions on the suspect’s criminal record;
(viii) The suspect’s relationship, if any, to the victim of the crime for which he or she was charged; and
(ix) If known, whether the suspect has had prior contact with the Department of Behavioral Health; and
(G) The characteristics of each victim involved in a felony crime, including:
(i) The age of the victim;
(ii) The race of the victim;
(iii) The gender of the victim;
(iv) The level of education of the victim;
(v) The police service area where the victim resides;
(vi) The number of prior contacts the victim has had with the Metropolitan Police Department;
(vii) The number and type of convictions on the victim’s criminal record; and
(viii) The victim’s relationship, if any, to the suspect; and
(7) By January 1, 2022, the Office shall prepare and submit to the Mayor and Council a report identifying the statutory and regulatory collateral consequences of criminal records in the District, along with recommendations for their mitigation or elimination.
(d) Subsection (b) of this section shall not apply to the Deputy Mayor for Public Safety and Justice who is the incumbent head of the Office on September 14, 2011.
(e) For the purposes of this section, the term "returning citizens" shall have the same meaning as provided in § 24-1301(5).
§ 1–301.192. Deputy Mayor for Public Safety and Justice grant-making authority.
(a) The Deputy Mayor for Public Safety and Justice ("Deputy Mayor") shall have grant-making authority for the purpose of providing grants to support the Safe Passage Safe Blocks program, which provides a presence and safe passage for students and families as they travel to and from school.
(b)(1) The Deputy Mayor for Public Safety and Justice ("Deputy Mayor") shall establish a pilot, under which the Deputy Mayor shall have grantmaking authority to issue grants to eligible organizations, as described in paragraph (2) of this subsection, solely for the purpose of creating or augmenting a Safe Commercial Corridors Program, which shall promote public safety and health through evidence-based activities for residents, workers, and visitors within the area served by the organization and the surrounding area ("commercial district").
(2) To be eligible for a grant under this subsection, an organization shall:
(A) Serve the District's residents, workers, business owners, property owners, and visitors of a commercial corridor in the Downtown, Shaw, or Adams Morgan neighborhoods; and
(B) Engage in the maintenance of public and commercial spaces in a commercial corridor in the Downtown, Shaw, or Adams Morgan neighborhoods.
(3) An organization seeking a grant under this subsection shall submit to the Deputy Mayor a proposed Safe Commercial Corridors Program application, in a form prescribed by the Deputy Mayor, which shall include:
(A) A description of the public safety and health problems faced in the commercial district;
(B) A Safe Commercial Corridors Program Plan describing how the applicant proposes to spend the grant funds in evidence-based ways to address the public safety and health problems identified in the application and to promote improvements in public safety and health in the commercial district;
(C) A Clean Hands certification; and
(D) Any additional information requested by the Deputy Mayor.
(4) A Safe Commercial Corridors Program Plan may include the following activities:
(A) Relationship-building with residents, workers, businesses, and regular visitors;
(B) Connecting residents, workers, visitors, and businesses with resources available through District government agencies and direct service providers;
(C) Providing safe passage for individuals who request accompaniment walking to transit or their vehicles;
(D) Assisting business owners with improvements to their security and safety systems and protocols;
(E) Responding to individuals with substance use disorders and implementing harm-reduction strategies;
(F) Implementing de-escalation techniques;
(G) Deterring crime and public safety violations;
(H) Liaising with residents, workers, businesses, visitors, District public safety and health agencies, direct service providers in the community, and others as appropriate;
(I) Providing culturally competent services and programming; and
(J) Implementing other innovative strategies to promote public safety.
(5) Organizations receiving funds pursuant to this subsection shall endeavor to coordinate with other organizations receiving funds pursuant to this subsection and to share results and lessons learned from implementation of a Safe Commercial Corridors Program and other public safety efforts implemented by the organization.
(6) A grant awarded pursuant to this subsection may be used to pay for the costs of:
(A) Salary and fringe benefits for staff;
(B) Equipment, training, training materials, uniforms, first aid and other medical materials and equipment, and other materials and equipment for purposes of implementing the Safe Commercial Corridors Program; and
(C) Other costs that support improved public safety and health pursuant to the Safe Commercial Corridors Program Plan.
(7) An organization receiving a grant pursuant to this subsection shall submit a report to the Deputy Mayor by the end of each fiscal year in which funds are received containing the following:
(A) An evaluation of the success of its Safe Commercial Corridors Program, including a detailed description of the program activities;
(B) A description of any training or support provided to program staff;
(C) A summary of the number and types of interactions between program staff and residents, visitors, businesses, and other individuals;
(D) Evidence indicating the impact of the program activities on public safety and health indicators; and
(E) Any other data or information as required by the Deputy Mayor.
Part M. Office of Resilience and Recovery.
§ 1–301.201. Establishment of the Office of Resilience and Recovery.
(a) There is established an Office of Resilience and Recovery ("ORR") within the Homeland Security and Emergency Management Agency. ORR shall develop short- and long-term action plans and strategies to promote the adaptation and resilience of the District's economy, communities, infrastructure, and natural resources in response to shocks and chronic stresses, including natural or human-made challenges that threaten the District, monitor the District's resilience readiness, and provide guidance and assistance to District agencies and community organizations to develop and implement resilience measures.
(b) ORR shall be headed by a Chief Resilience Officer ("CRO"), appointed by the Mayor with the advice and consent of the Council pursuant § 1-523.01(a). The CRO shall be a full-time position, for which annual compensation shall be fixed in accordance with subchapter X-A of Chapter 6 of this title. The CRO shall have such staff as is appropriated in an approved budget and financial plan or provided through federal or private grants.
(c) The CRO shall:
(1) Lead the District's efforts to build and implement the District's resilience action plans and strategies;
(2) Review and update the District's resilience action plans and strategies, including the Resilient DC initiative, annually;
(3) Provide guidance and assistance to District agencies and community organizations to develop and implement resilience measures;
(4) Publish an annual progress report by October 1 to be submitted to the Mayor and Council that provides an update on the District's progress in the areas of sustainability and resiliency;
(5) Develop and track metrics to measure the District's resilience readiness;
(6) Develop strategies to build partnerships between the District and the private sector that promote and further the District's resilience readiness, including climate adaption to prevent and recover from natural disasters;
(7) Respond to recommendations and policy statements from the Commission on Climate Change and Resiliency, established by § 8-181.02;
(8) Collaborate with other Chief Resilience Officers to achieve common goals, leverage experiences, and share strategies;
(9) Develop a communications strategy for the District's resilience efforts, including creating an online campaign to build public awareness of climate adaption and resilience planning; and
(10) Perform other relevant duties as the Mayor may assign.
§ 1–301.202. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this part.
Subchapter II. Regulatory Authority.
Part A. Police Regulations.
§ 1–303.01. Police regulations.
The Council of the District of Columbia is hereby authorized and empowered to make and modify, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, usual and reasonable police regulations in and for said District as follows:
(1) For causing full inspection to be made, at any reasonable times, of the places where the business of pawnbroking, junk-dealing, or second-hand clothing business may be carried on.
(2) To regulate the storage of highly inflammable substances in the thickly populated portions of the District.
(3) Repealed.
(4) To establish and regulate the charges to be made by owners of hacks and hackney carriages of any kind whatsoever.
(5) To prohibit conducting droves of animals upon such streets and avenues as it may deem needful to public safety and good order.
(6) To regulate the keeping of dogs and fowls.
(7) To prohibit the deposit upon the street or sidewalks of fruit, or any part thereof, or other substance or articles that might litter the same, or cause injury to or impede pedestrians.
(8) To regulate or prohibit loud noises with horns, gongs, or other instruments, or loud cries, upon the streets or public places, and to prohibit the use of any fireworks or explosives within such portions of the District as it may think necessary to public safety.
(9) To prescribe reasonable penalties, including civil penalties, for the infraction of the regulations mentioned in §§ 1-303.01 and 1-303.02. The penalties may be enforced in any court or administrative tribunal of the District of Columbia having jurisdiction of minor offenses or civil infractions, and in the same manner that minor offenses or civil infractions are by law prosecuted or adjudicated and punished.
§ 1–303.02. Publication of regulations; effective date.
The regulations provided for in § 1-303.01 and adopted prior to October 21, 1968, shall be printed in 1 or more of the daily newspapers published in the District of Columbia; and no penalty prescribed for the violation of said regulations shall be enforced until 30 days after such publication.
§ 1–303.03. Regulations for protection of life, health, and property.
The Council of the District of Columbia is hereby authorized and empowered to make, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, all such reasonable and usual police regulations in addition to those already made under §§ 1-303.01 and 1-303.02, as the Council may deem necessary for the protection of lives, limbs, health, comfort, and quiet of all persons and the protection of all property within the District of Columbia.
§ 1–303.04. Building regulations.
(a) The Council of the District of Columbia is authorized and directed to make and the Mayor of the District of Columbia is authorized and directed to enforce such building regulations for the said District as the Council may deem advisable.
(b) Such rules and regulations made as above provided shall have the same force and effect within the District of Columbia as if enacted by Congress.
§ 1–303.05. Additional penalties for violation of regulations.
The Council of the District of Columbia is hereby authorized to prescribe reasonable penalties of a fine not to exceed $300 or imprisonment not to exceed 10 days, in lieu of or in addition to any fine, or to prescribe civil fines or other civil sanctions for the violation of any building regulation promulgated under authority of § 1-303.04, and any regulation promulgated under authority of § 1-303.01, and any regulation promulgated under authority of § 1-303.03.
Part B. Outdoor Signs.
§ 1–303.21. Rules.
*NOTE: This section includes amendments by temporary legislation that will expire on August 1, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue a comprehensive rulemaking to update the rules governing the hanging, placing, painting, projection, display, and maintenance of signs on public space, public buildings, or other property owned or controlled by the District and on private property within public view within the District, and the Mayor may thereafter amend, repeal, and enforce such rules. Proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed disapproved. The proposed rules shall not take effect until approved by the Council.
(b) The rules shall:
(1) Determine the types of signs that shall be allowed and prohibited and establish permit requirements for signs, where appropriate;
(2) Establish standards for the location, size, and illumination of different types of signs;
(3) Allow for the display of signs that contribute to a healthy business environment and civic communication while protecting the health, safety, convenience, and welfare of the public, including protection of the appearance of outdoor space throughout the District;
(4) State the specific requirements for large signs and billboards;
(5) Establish standards for signs on historic sites or in historic areas;
(6) Provide structural requirements for signs to ensure their safety;
(7) Ensure compliance with federal highway requirements;
(8) Provide for the creation of Designated Entertainment Areas to allow for the display of additional signs; and
(9) Establish permit fees.
(10) Repealed.
(c) Until the issuance of a comprehensive final rulemaking pursuant to subsection (a) of this section, the Mayor may issue rules to update, amend, repeal, and enforce regulations regarding signs on public space, public buildings, or other property owned or controlled by the District and on private property within public view within the District pursuant to § 6-1409.
§ 1–303.22. License required; fee. [Repealed]
Repealed.
§ 1–303.23. Penalties and enforcement.
(a) Enforcement and adjudication of infractions of these rules shall be pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”), Chapter 9A of Title 50 [§ 50-921.01 et seq.] (“DDOT Establishment Act”), and Chapter 1A of Title 12A of the Construction Codes. The Mayor shall enforce the rules applicable to signs on public space, public rights-of-way, public buildings and structures, and other property owned or controlled by the District under the Civil Infractions Act and the DDOT Establishment Act. The rules applicable to signs on private property shall be enforced under the Civil Infractions Act and Chapter 1A of Title 12A of the Construction Codes. The Mayor shall also establish, by rulemaking, a schedule of fines and penalties for infractions of these rules, which shall be subject to Council review and approval as described in § 1-303.21.
(b) A person or entity, whether as principal, agent, or employee, violating rules issued pursuant to § 1-303.21 or this section shall, upon conviction in the Superior Court of the District of Columbia, be fined no less than $5 nor more than $200 for each offense, and a fine shall be imposed for each day that the violation continues.
Part C. General.
§ 1–303.41. Regulations for the keeping, leashing, and running at large of dogs.
The Council of the District of Columbia is hereby authorized and empowered to make and modify, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, regulations in and for the District of Columbia to regulate the keeping and leashing of dogs and to regulate or prohibit the running at large of dogs, including penalties for violations of such regulations as provided in § 1-303.05.
§ 1–303.42. Expenditures for emergencies.
When required by the public exigencies to meet conditions caused by emergencies such as riot, pestilence, public insanitary conditions, flood, fire, storm, and similar disasters, the Mayor of the District of Columbia, pursuant to regulations prescribed by the Council of the District of Columbia, is authorized to expend such amounts as may be necessary without regard to advertising provisions of § 2-225.05.
§ 1–303.43. Regulations relative to firearms, explosives, and weapons.
The Council of the District of Columbia is hereby authorized and empowered to make, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, all such usual and reasonable police regulations, in addition to those already made under §§ 1-303.01 to 1-303.03 as the Council may deem necessary for the regulation of firearms, projectiles, explosives, or weapons of any kind in the District of Columbia.
§ 1–303.44. Regulations for construction, repair, and operation of elevators.
(a) The Council of the District of Columbia is hereby authorized and directed to make and publish such orders as may be necessary to regulate the construction, repair, and operation of all elevators within the District of Columbia, and prescribe such means of security as may be found necessary to protect life and limb.
(b) Any person or persons, or corporation, who shall neglect or refuse to comply with the orders made pursuant to this section shall, upon conviction thereof in the Superior Court of the District of Columbia, on information filed in the name of the District of Columbia, be fined not less than $10 nor more than $100 for each offense.
(c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the orders made pursuant to this section in accordance with Chapter 18 of Title 2. Adjudication of any infraction of this section shall be pursuant to Chapter 18 of Title 2.
Subchapter III. Streets, Public Rights of Way, and Public Property.
§ 1–305.01. Cleaning streets, alleys, and avenues; maintenance of sewers.
The sweeping, cleaning, and removing all refuse and filthy accumulations in the streets, alleys, and avenues of the City of Washington, and the repairs and cleaning of the sewers, are necessary municipal objects, which belong to the current expenses of the same, to be paid for in money as other ordinary municipal expenses.
§ 1–305.02. Sale of street sweepings authorized.
The Mayor of the District of Columbia is authorized to sell sweepings from the streets, the amounts realized from such sales to be deposited in the treasury, to the credit of the General Fund of the District of Columbia.
§ 1–305.03. Maintenance of lights outside city limits.
The Mayor of the District of Columbia shall have power to erect light, and maintain lamp posts, with lamps, outside of the city limits, when, in his judgment, it shall be deemed proper or necessary.
Subchapter III-A. Comprehensive Plan.
Part A. General.
§ 1–306.01. District elements of comprehensive plan prepared; purposes.
(a) It is hereby declared that:
(1) The District of Columbia has prepared, through an exhaustive process of research, analysis, and review, including citizen involvement and consultation with affected federal, state and local governments, and planning agencies in the National Capital region, District elements of a 20-year Comprehensive Plan for the National Capital as required by § 2-1002(a) and by § 1-204.23(a).
(2) Ten District elements of the Comprehensive Plan for the National Capital are contained in this part: General Provisions; Economic Development; Housing; Environmental Protection; Transportation; Public Facilities; Urban Design; Preservation and Historic Features; Downtown; and Human Services.
(3) The District elements of the Comprehensive Plan for the National Capital contained in this part do not extend to any federal or international projects and developments, or to the United States Capitol buildings and grounds, or to any buildings and grounds under the care of the Architect of the Capitol.
(b) The purposes of the District elements of the Comprehensive Plan for the National Capital are to:
(1) Define the requirements and aspirations of District residents, and accordingly influence social, economic and physical development;
(2) Guide executive and legislative decisions on matters affecting the District and its citizens;
(3) Promote economic growth and jobs for District residents;
(4) Guide private and public development in order to achieve District and community goals;
(5) Maintain and enhance the natural and architectural assets of the District; and
(6) Assist in the conservation, stabilization, and improvement of each neighborhood and community in the District.
§ 1–306.02. Mayor to submit proposed Land Use Element and map; submission of amendments to District elements of comprehensive plan; specifications; approval.
(a) The Mayor of the District of Columbia shall transmit to the Council of the District of Columbia, on or before the date of the 1st regularly scheduled legislative session in September 1984, a proposed District Land Use Element for inclusion in the Comprehensive Plan for the National Capital and a generalized land use map or a series of maps, which includes a generalized land use map, representing the land use policies set forth in the proposed Land Use Element. At the time of the submission to the Council of the District of Columbia of the proposed Land Use Element and the generalized land use map representing the land use policies set forth in that element, proposed amendments to the rest of this part shall be submitted to the Council of the District of Columbia to conform the language in this part to ensure consistency with the Land Use Element and with the generalized land use map.
(b) The Mayor shall transmit 4 generalized land use maps to the Council within 90 days of May 23, 1990. The maps transmitted under this subsection shall conform to the requirements of sections 1136(a) through (h) of title 11 of § 3 of this part (“Land Use Element of the Comprehensive Plan”), be printed at a scale of 1,200 feet to 1 inch, use standardized colors for planning maps, and include a street grid and other minor changes in format or design intended to improve the readability or understanding of the adopted policies. The Council shall hold a public hearing to determine if the maps transmitted under this subsection conform to the maps adopted under sections 1136(a) through (h) of the Land Use Element of the Comprehensive Plan. If the Council determines that a map transmitted under this subsection conforms to a map adopted under sections 1136(a) through (h) of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution.
(c) The Mayor shall transmit 2 generalized land use maps to the Council within 180 days of April 27, 1999. The maps transmitted under this section shall conform to the requirements of § 1139 of Chapter 11 (“the Land Use Element”) of the Comprehensive Plan, be printed at a scale of 1,200 feet to 1 inch, use standardized colors for planning maps, indicate generalized land use policies, and include a street grid and other changes in format or design to improve the readability and understanding of the adopted policies. The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the maps adopted under § 1139 of the Land Use Element of the Comprehensive Plan. If the Council determines that a map transmitted under this section conforms to a map adopted under § 1139 of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution. If the Council determines that a map transmitted under this section requires corrections to conform with a map adopted under § 1139 of the Land Use Element of the Comprehensive Plan, the Council shall approve the map by resolution, with conditions identifying the required corrections, and the Mayor shall publish a new map with the required corrections.
(d)(1) The Mayor shall transmit 2 generalized maps — a Future Land Use Map and a Generalized Policy Map — to the Council within 90 days after March 8, 2007.
(2) The maps transmitted under this section shall:
(A) Conform to the requirements of §§ 223 and 224 of Chapter 200 (“the Framework Element”) of the Comprehensive Plan;
(B) Be printed at a scale of 1,500 feet to 1 inch;
(C) Use standardized colors for planning maps;
(D) Indicate generalized land use policies; and
(E) Include a street grid and other changes in format or design to improve the readability and understanding of the adopted policies.
(3)(A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the maps adopted under §§ 223 and 224 of the Framework Element of the Comprehensive Plan, as required by paragraph (2) of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution.
(B) If the Council determines that a map transmitted under this section does not conform as required by paragraph (2) of this section but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.
(e)(1) The Mayor shall transmit 2 generalized maps — a Future Land Use Map and a Generalized Policy Map — to the Council within 90 days of April 8, 2011.
(2) The maps transmitted under this section shall:
(A) Incorporate the map amendments enacted in § 101(u) and (v) of D.C. Law 18-361; [58 D.C. Reg 908; 209 D.C. Act 711];
(B) Conform to the requirements of sections 223 through 226 of Chapter 200 (“the Framework Element”) of the Comprehensive Plan;
(C) Be printed at a scale of 1,500 feet to 1 inch;
(D) Use standardized colors for planning maps;
(E) Indicate generalized land use policies; and
(F) Include a street grid and any changes in format or design to improve the readability and understanding of the adopted policies.
(3)(A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the requirements of paragraph (2) of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution.
(B) If the Council determines that a map transmitted under this section does not conform to the requirements of paragraph (2) of this subsection but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.
(f)(1) The Mayor shall transmit 2 generalized maps, a Future Land Use Map and a Generalized Policy Map, to the Council within 90 days of August 21, 2021.
(2) The maps transmitted under this section shall:
(A) Incorporate the map amendments enacted in section 2(a)(4) and (5) of the Comprehensive Plan Amendment Act of 2021;
(B) Conform to the requirements of sections 225 through 228 of Chapter 200 ("the Framework Element") of the Comprehensive Plan;
(C) Be printed at a scale of 1,500 feet to one inch;
(D) Use standardized colors for planning maps;
(E) Indicate generalized land use policies; and
(F) Include a street grid and any changes in format or design to improve the readability and understanding of the adopted policies.
(3)(A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the requirements of paragraph (2) of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution.
(B) If the Council determines that a map transmitted under this section does not conform to the requirements of paragraph (2) of this section, but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.
§ 1–306.03. Mayor to propose ward plans; updated plans; public hearing; transmission to Council for adoption.
(a) Repealed.
(b) Repealed.
(c)(1) The Mayor shall prepare proposed small area action plans for selected geographical areas that require more specific land use analysis to incorporate the broadest range of planning techniques and solutions practical to achieve the District’s goals and objectives. The proposed small area action plans may include specific zoning recommendations, capital improvements requirements, financing strategies, special tax, design, or other regulatory recommendations, and implementation techniques necessary for the realization of objectives and policies of the Comprehensive Plan.
(2) The Mayor shall make copies of each proposed small area action plan available to each affected Advisory Neighborhood Commission and make ample copies of each proposed small area plan available to the Council and the public. Each proposed small area action plan shall include small area maps that depict land use policies at the small area level that are not inconsistent with the adopted generalized District-wide land use maps or approved ward plans.
(3) The Mayor shall hold a public hearing on each proposed small area action plan in the appropriate area, not less than 30 days after the publication of the proposed small area action plan and not more than 90 days after the publication of the proposed small area action plan.
(4) Not more than 60 days after the completion of the public hearing required by this subsection, the Mayor shall transmit the revised small area action plan to the Council, with a proposed resolution, for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The transmission shall include copies of the Mayor’s public hearing records, and an executive summary that identifies the differences, and the rationale for the differences, between the revised small area action plan and the proposed small area action plan that had been the subject of a public hearing. If the Council does not approve or disapprove the revised small area action plan, in whole or in part, by resolution within this 45-day review period, the revised small area plan shall be deemed approved. Once approved, the small area action plan shall provide supplemental guidance to the Zoning Commission and other District agencies in carrying out the policies of the Comprehensive Plan.
(5) Small area action plans shall be prepared for selected geographical areas, including, but not limited to, the following areas:
(A) Each of the special treatment areas, housing opportunity areas, and development opportunity areas that are designated on the enacted District-wide generalized land use maps to implement the policies established for these areas in the Land Use Element of the Comprehensive Plan;
(B) The Mount Pleasant area, after studying the following proposed policies for this area:
(i) Support creative and multicultural expression through displays, performances, and festivals;
(ii) Maintain and enhance the character of the neighborhood by encouraging creative cultural design (including special-merit design) while protecting historical landmarks;
(iii) Promote additional low-income and moderate-income housing;
(iv) Encourage small-business incubators and plazas for licensed market vendors in order to increase business opportunities for residents; and
(v) Support low-impact mixed-use of residential space for multicultural arts, crafts, and other professional and consulting services;
(C) The Southwest Urban Renewal Area and other urban renewal areas to ensure that appropriate zoning plans for these areas continue to be developed in consultation with affected citizens, which shall be implemented in phases immediately upon the termination of the various sections of the urban renewal plans; and
(D) The Capitol Hill business district, the Eastern Market metrorail station area, and the Potomac Avenue metrorail station area, to implement policies for these areas set forth in the Ward 6 Plan.
§ 1–306.04. Preserving and ensuring community input.
(a) Continuous community input into every phase of development of titles I through XII of section 3 (the “Comprehensive Plan”), from conception to adoption to implementation, is essential to assure that the Comprehensive Plan in all its elements is the valid expression of District residents, property owners, commercial interests, and other groups and individuals in the District. A variety of means to secure community input should be utilized, including advisory and technical committees, community workshops, review of draft texts, public forums and hearings, and other means of discussion and communication. The District government, through its executive and legislative branches, will strive to ensure that the Comprehensive Plan, in all its elements, is both responsive and responsible.
(b) Community input into the implementation of the District elements of the Comprehensive Plan will be assured by the requirement of a periodic review. Not less frequently than once every 4 years, beginning March 31, 2000, the Mayor shall submit to the Council a report, accompanied by a proposed resolution, on the progress made by the government of the District of Columbia in implementing the District elements of the Comprehensive Plan. The Council shall schedule a public hearing on the progress report and, following each review period, submit to the Mayor the findings of the Council and a copy of the public testimony on the progress report.
(c) Each progress report shall indicate the progress made in implementing Comprehensive Plan Actions during the reporting period and the key projected implementation activities by land use policy for the next 5 years.
(d) The Mayor shall submit periodically to the Council for its consideration proposed amendments to the Comprehensive Plan. Such amendments shall be submitted not less frequently than once every 4 years, beginning March 31, 2002, and shall be accompanied by an environmental assessment of the proposed amendments. Proposed amendments may also be submitted by the Mayor to the Council at any other time that the Mayor determines to be necessary.
(e) The process for executive branch consideration of proposed amendments to the Comprehensive Plan initiated by District agencies or the public shall include:
(1) Standards for appropriateness;
(2) A format and deadline for submission of amendments;
(3) Public meetings to be held by the executive;
(4) A mechanism for public review of all proposed amendment submissions;
(5) A mechanism for public review of the Mayor’s proposed amendments; and
(6) Submission by the Mayor to the Council of proposed amendments to the Comprehensive Plan.
§ 1–306.05. Publication of the Comprehensive Plan.
(a) Within 90 days of March 8, 2007, the Mayor shall publish the Comprehensive Plan, as amended, in its entirety.
(b) The Comprehensive Plan shall be consolidated by the District of Columbia Office of Documents into a single new or replacement title of the District of Columbia Municipal Regulations to be designated by the District of Columbia Office of Documents. The Comprehensive Plan shall be published in the format furnished by the Mayor and need not conform to the Office of Documents’ publication standards.
(c) Within 90 days of April 8, 2011, the Mayor shall publish the Comprehensive Plan, as amended, in its entirety. The Comprehensive Plan shall be consolidated by the District of Columbia Office of Documents into a single new or replacement title of the District of Columbia Municipal Regulations to be designated by the District of Columbia Office of Documents. The Comprehensive Plan shall be published in the format furnished by the Mayor and need not conform to the Office of Documents’ publication standards.
(d) Within 90 days of August 21, 2021, the Mayor shall publish the Comprehensive Plan, as amended, in its entirety. The Comprehensive Plan shall be consolidated by the District of Columbia Office of Documents into a single new or replacement title of the District of Columbia Municipal Regulations to be designated by the District of Columbia Office of Documents. The Comprehensive Plan shall be published in the format furnished by the Mayor and need not conform to the Office of Documents' publication standards.
§ 1–306.06. Review of building, construction, or public space permits.
(a) The Mayor shall, in the course of the interagency review of a development project that is subject to the Large Tract Review Procedures of the Office of Planning (10 DCMR § 2300 et seq.), consider whether the issuance of a building or construction permit is inconsistent with the Land Use Element of the Comprehensive Plan. If the Mayor finds that the issuance of a permit is inconsistent with the Land Use Element of the Comprehensive Plan, but consistent with zoning, the Mayor shall defer issuance of the permit, and within 60 days, propose amendments to the zoning regulations or maps to eliminate the inconsistency of the zoning regulations with the Land Use Element of the Comprehensive Plan. Nothing in this subsection shall be construed to permit the issuance of a building or construction permit that is inconsistent with zoning. The government issuance of public space permits shall also not be inconsistent with the Comprehensive Plan.
(b) If the Mayor finds that the issuance of any building or construction permit, which is not subject to subsection (a) of this section solely because of insufficient commercial square footage, would be inconsistent with the Land Use Element of the Plan, but consistent with zoning, the Mayor may defer the decision to issue the requested permit and, if he defers he shall propose, within 60 days, amendments to the zoning regulations or maps to eliminate any inconsistency of the zoning regulations with the Land Use Element of the Plan. This subsection shall apply only to the construction of new commercial buildings that are not low density commercial buildings.
(c) When a major new building proposed for a college or university campus, and included in its campus plan, is instead moved off campus, the college or university must submit the plans for the review and approval of the Board of Zoning Adjustment as a specific amendment to its campus plan, limited to review of the change affecting that specific site, before the college or university may substitute another major new building for that campus plan site. For purposes of this subsection, a major new building is defined as one specifically identified in the campus plan. Further, in order for the community to know as quickly as possible the substitute plans for the site, the review and approval of the new plans are to be done on an expedited basis. If the campus plan site is to remain vacant, or if the existing uses on that site are to remain, then the college or university is required to provide each affected Advisory Neighborhood Commission with written notice of that decision within 30 days of the college’s or university’s decision for movement. In such event, no further review by the Board of Zoning and Adjustment is required.
§ 1–306.07. Zoning conformity.
(a)(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, the government shall be subject to zoning.
(2) Any governmental land uses that were either existent or substantially planned, documented, and invested in prior to May 23, 1990, shall not be subject to zoning.
(3) The use of government-owned property on Lot 276 in Square 1282, which is located at 3050 R Street, N.W., as a residential treatment and special education facility for not more than 24 emotionally disturbed children, ages 6 to 12 years, and as a treatment and special education facility for not more than 15 emotionally disturbed children, ages 6-12, who do not reside at the facility, shall not be subject to zoning.
(4) The government’s use of property on the former site of the United States Naval Air Station communications facility located in the northeast corner of the east campus of Saint Elizabeths Hospital as a facility to send and receive 911 or other governmental emergency communications shall not be subject to zoning. Any governmental use of this property for other purposes or any non-governmental use of this property shall be subject to zoning or review and approval by the Council.
(b) The Mayor shall within 16 months of April 8, 2011, propose amendments to the zoning regulations or maps to eliminate any inconsistency of the zoning regulations with the Land Use Element of the Comprehensive Plan.
Part B. Housing Linkage Requirement of the Housing Element.
§ 1–306.31. Housing linkage objective.
The housing linkage objective is to require applicants who obtain bonus commercial office space as a result of a discretionary and otherwise appropriate street or alley closing or zoning density increase to produce housing or contribute funds to the production of housing, particularly housing that is affordable to low- and moderate-income households throughout the District, in an amount based on a formula tied to the amount or value of the additional commercial office square footage obtained.
§ 1–306.32. Housing linkage purpose.
In establishing the housing linkage objective, the District sets forth the following purposes:
(1) To encourage the construction and rehabilitation of housing throughout the District of Columbia, particularly housing that is affordable to low- and moderate-income households;
(2) To reduce a shortage of affordable housing in the District which has been caused in part by increased demand for this housing from employees of new commercial development who compete with present residents for scarce, vacant affordable housing, and by high land values which raise the cost of housing and which are partly a function of the demand for additional commercial office space in the National Capital; and
(3) To increase the income tax base and labor force in the District by providing a mechanism to stimulate the development and expansion of housing for employees in the District who cannot afford to reside in the District.
§ 1–306.33. Housing linkage policies — Requirements.
The policies established in support of the housing linkage objective are as follows:
(1) Except as provided in § 1-306.41, whenever the Council approves a discretionary and otherwise appropriate street or alley closing which results in the provision of additional commercial office space, or whenever the Zoning Commission approves a discretionary and otherwise appropriate zoning density increase which results in the provision of additional commercial office space, the applicant who obtains the additional commercial office space shall be required to comply with the following housing requirement:
(A) The applicant shall construct or rehabilitate housing that is affordable to low- and moderate- income households in the District, the minimum amount of which shall be calculated by the formula set forth in paragraph (2) of this section, which shall be dedicated to use for affordable housing for no fewer than 20 years, and which shall be developed in accordance with the schedule set forth in § 1-306.43; or
(B) The applicant shall contribute funds, the minimum amount of which shall be calculated by the formula set forth in § 1-306.36, to a housing trust fund in accordance with the schedule set forth in § 1-306.34.
(2) Except as provided in § 1-306.34, if the applicant agrees to construct or rehabilitate the affordable housing, then the total square footage of the affordable housing that the applicant shall be required to construct or rehabilitate shall be as follows:
(A) Not less than 1/4 of the total square footage of the additional commercial office space, if the required affordable housing is located on or adjacent to the site of the additional commercial office space;
(B) Not less than 1/3 of the total square footage of the additional commercial office space, if the required affordable housing is located off or not adjacent to the site of the additional commercial office space, and if the housing is located within the advisory neighborhood commission area where the additional commercial office space is located or within an area designated on an enacted land use map of the Comprehensive Plan as a housing opportunity area; or
(C) Not less than 1/2 of the total square footage of the additional commercial office space, if the required affordable housing is located in any other area of the District.
§ 1–306.34. Required housing where existing housing is removed.
If the additional commercial office space is located on a development site that is improved with 1 or more housing units that are removed, either after the application or within 1 year prior to the application to facilitate the commercial development, the total square footage of the required affordable housing shall be not less than the total square footage of the removed housing plus the square footage of housing required by § 1-306.33(2).
§ 1–306.35. Applicant’s choice.
If the applicant agrees to construct or rehabilitate affordable housing pursuant to § 1-306.33(1), the applicant may satisfy this agreement in any manner chosen by the applicant, including but not limited to a joint venture, partnership, contract, or arrangement with another party to develop the required housing.
§ 1–306.36. Housing trust fund requirement.
Except as provided in § 1-306.37, if the applicant agrees to contribute funds to a housing trust fund, the amount of funds to be contributed shall be no less than the total of 1/2 of the assessed value of the total square footage of additional commercial office space.
§ 1–306.37. Housing trust fund requirement where existing housing removed.
If the applicant agrees to contribute funds to a housing trust fund, and if the additional commercial office space is located on a development site that is improved with 1 or more housing units that are removed, either after the application or within 1 year prior to the application to facilitate the commercial development, the amount of funds to be contributed shall be no less than the total of the assessed value of the housing units that are removed plus 1/2 of the assessed value of the total square footage of additional commercial office space.
§ 1–306.38. Zoning Commission powers.
Nothing in this part shall require the Zoning Commission to grant or deny an application for a zoning density increase.
§ 1–306.39. Zoning regulations.
Nothing in this part shall supplant any requirement of the Zoning Regulations.
§ 1–306.40. Comprehensive Plan Requirement.
Nothing in this part shall obviate the requirement that zoning shall not be inconsistent with the Comprehensive Plan. However, the Zoning Commission and the Mayor’s Office of Planning each shall consider an applicant’s compliance with the requirements of this part as supportive of the Comprehensive Plan and as providing public amenities associated with an applicant’s project.
§ 1–306.41. Exceptions.
The provisions of this part shall not apply to the following applicants:
(1) An applicant who obtains a street or alley closing or a zoning density increase for a development that includes, on or adjacent to the site of the development, an amount of housing that is equal to the amount that would be calculated pursuant to the formula set forth in § 1-306.33(2)(C);
(2) An applicant whose development obtains no additional commercial office space as a result of obtaining a street or alley closing or a zoning density increase;
(3) An applicant for a street or alley closing or a zoning density increase who represents a federal government agency, the Washington Metropolitan Area Transit Authority, or the Pennsylvania Avenue Development Corporation;
(4) An applicant who obtains additional commercial office space pursuant to the variance provisions of the Zoning Regulations;
(5) An applicant whose approved street or alley closing was decided by the Council, or whose approved zoning density increase was decided by the Zoning Commission, prior to October 6, 1994;
(6) An applicant who obtains a zoning density increase for a development that already is subject to a housing, retail, arts, or historic preservation requirement pursuant to the zoning regulations set forth in the Downtown Development District; or
(7) An applicant who obtains a street or alley closing or a zoning density increase for a development about which the Council, in its legislation that approves of the street or alley closing, or the Zoning Commission, in its order that approves of the zoning density increase, makes all of the following findings after a public hearing, for which prior notice of a request for this exemption was provided to each affected Advisory Neighborhood Commission and in the District of Columbia Register, and during which the burden of proof is upon the applicant to justify granting this exemption:
(A) The development associated with the street or alley closing or zoning density increase is located within an area designated in the text or map of the Comprehensive Plan as a development opportunity area, a production and technical employment area, or a new or upgraded commercial center; and
(B) Imposition of no housing requirement or a housing requirement that is less stringent than the requirement imposed by this part is necessary to implement objectives and policies set forth in this Plan for that designated area, which otherwise would likely not be achieved.
§ 1–306.42. Building permits associated with street or alley closings or zoning density increases.
An applicant who obtains a street or alley closing or a zoning density increase who is required to construct or rehabilitate affordable housing pursuant to this part shall not be issued a building permit for the applicant’s commercial development until the applicant certifies to the District either that a building permit has been issued for the required amount of affordable housing, or that the applicant has contributed sufficient funds to a housing provider to construct or rehabilitate the required amount of affordable housing.
§ 1–306.43. Street or alley closings or zoning density increases associated with housing trust fund contributions.
An applicant who obtains a street or alley closing or a zoning density increase who is required to contribute funds to a housing trust fund pursuant to this part shall proceed in accordance with the following schedule:
(1) Not less than 1/2 of the required total contribution shall be made prior to the issuance of a building permit for any of the commercial development; and
(2) The balance of the required total contribution shall be made prior to the issuance of a certificate of occupancy for any of the commercial development.
§ 1–306.44. Issuance of building permit or certificate of occupancy.
Prior to the issuance of a building permit or certificate of occupancy for the commercial development, whichever is applicable, the applicant shall certify to the District that the provisions of this part have been satisfied.
§ 1–306.45. Regulations adopted to implement this part.
The Zoning Commission and all other agencies that have authority to adopt regulations to implement the housing linkage policies shall adopt regulations to implement the provisions of this part.
Subchapter IV. Special Programs.
Part A. General.
§ 1–307.01. District of Columbia student loan insurance program.
(a) The government of the District of Columbia is authorized:
(1) To establish a student loan insurance program which meets the requirements of this part for a State loan insurance program in order to enter into agreements with the Commissioner for the purposes of this title;
(2) To enter into such agreements with the Commissioner;
(3) To use amounts appropriated for the purposes of this section to establish a fund for such purposes and for expenses in connection therewith;
(4) To accept and use donations for the purposes of this section; and
(5) To establish a student loan program for District of Columbia residents which shall be funded in whole or in part through the proceeds of Industrial Revenue Bonds and to enter into agreements with other entities for the purpose of managing, regulating, and overseeing such a program.
(b) Notwithstanding the provisions of any applicable law, if the borrower, on any loan insured under the program established pursuant to this section, is a minor, any otherwise valid note or other written agreement executed by him for the purposes of such loan shall create a binding obligation.
(c) There are authorized to be appropriated such amounts as may be necessary for the purposes of this section.
§ 1–307.02. District of Columbia medical assistance program.
(a)(1) The Mayor may submit, under title XIX of the Social Security Act (Title XIX) to the Secretary of the United States Department of Health and Human Services, a plan for medical assistance (and any modifications of the plan) to enable the District to receive federal financial assistance under Title XIX for a medical assistance program established by the Mayor under such plan.
(2) Repealed.
(3) Review and approval by the Council of the Fiscal Year 2010 Budget and Financial Plan shall constitute the Council review and approval required by paragraph 2 of this subsection of any modification or waiver to the state plan required to implement during fiscal year 2010 an initiative to:
(A) Utilize Disproportionate Share Hospital funding to support the transition of individuals into health insurance programs through the modification of the Disproportionate Share Hospital qualification and distribution methodology;
(B) Change service limit methodology for personal care aide services;
(C) Enhance prescription drug utilization and review activities;
(D) Reduce reimbursement rates for prescription drugs to align pharmaceutical spending with national payment trends;
(E) Change methodologies for recovering improper payments;
(F) Obtain available State Children’s Health Insurance Program funding for immigrant children and pregnant women;
(G) Shift coverage for unborn children of undocumented immigrants from the D.C. HealthCare Alliance to Medicaid;
(H) Implement a new methodology for fee-for-service inpatient hospital reimbursement; and
(I) Reduce disallowances for public provider agencies.
(4) Review and approval by the Council of the fiscal year 2011 budget and financial plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any waiver, modification to the state plan, or modification to a waiver required during fiscal year 2011 for purposes of implementing federal health care reform initiatives as set forth in the Patient Protection and Affordable Care Act, approved March 23, 2010 (124 Stat. 119; Pub. L. No. 111-148); provided, that the Department of Health Care Finance publishes a copy of any waiver, modification to the state plan, or modification to a waiver available on its website for at least 5 business days prior to submission to the Secretary of the United States Department of Health and Human Services.
(5) Review and approval by the Council of the Fiscal Year 2012 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of:
(A) Any modification or waiver to the state plan required to change the methodology used for the reimbursement for single source brand name drugs from the average wholesale price minus 10% to wholesale acquisition cost plus 3%; and
(B) Any modification or waiver to the state plan required to change in whole or in part the level of personal-care services offered as a state plan benefit.
(6) Review and approval by the Council of the Fiscal Year 2013 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any modification or waiver to the state plan required to:
(A) Update the diagnosis-related group (“DRG”) grouper the agency uses to pay hospitals for inpatient care and other characteristics of the reimbursement system, such as base rates, DRG weights, outlier thresholds and transfer policy to adjust the average payment to cost ratio for inpatient care at DRG hospitals from 114% to 98%;
(B) Update the reimbursement methodology model to one based on acuity for Intermediate Care Facilities for the Intellectually Disabled;
(C) Exclude the cost of therapies, including physical therapy, occupational therapy, and speech therapy, from the calculation of the nursing and resident care component of the nursing home rate; and
(D) Transition beneficiaries to the replenishing pharmacy network for antiretroviral medications.
(7) Review and approval by the Council of the Fiscal Year 2014 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any amendment, modification, or waiver of the state plan required to:
(A) Establish a supplemental payment to rectify historic underpayments to District Medicaid hospitals for outpatient and emergency room services;
(B) Implement Title II of the Patient Protection and Affordable Care Act, approved March 23, 2010 (Pub. L. No. 111-148; 124 Stat. 119), to:
(i) Provide for new Modified Adjusted Gross Income eligibility methodologies;
(ii) Streamline the application process;
(iii) Align Medicaid eligibility determinations, renewals, and appeals with eligibility determinations and appeals of cost sharing and advanced premium tax credits for the Health Benefit Exchange;
(iv) Secure enhanced federal medical assistance percentages for newly eligible Medicaid beneficiaries and preventive services, including tobacco cessation;
(v) Provide coverage for former foster care children through age 25;
(vi) Implement presumptive eligibility by hospitals;
(vii) Extend the District’s current Section 1115 demonstration for childless adults ages 21 through 64 years with incomes between 133% and up to 200% of the federal poverty level to provide stop-gap coverage for these beneficiaries until the District establishes the basic health plan; and
(viii) Create health homes for chronically ill District residents;
(C) Implement needed reforms to Medicaid-funded, long-term care services and supports, including:
(i) The establishment of a single-point-of-entry system and a standardized, conflict-free assessment tool and process;
(ii) Clarification of eligibility requirements for institutional long-term care services; and
(iii) The creation of new programming, including adult day health services pursuant to Title XIX of the Social Security Act to ensure that District residents may be served in the most integrated setting appropriate to their needs; and
(D) Implement an annual inflation rate adjustment for nursing facilities.
(8) Review and approval by the Council of the Fiscal Year 2015 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any amendment, modification, or waiver of the state plan required to:
(A) Implement needed amendments to the Elderly and Individuals with Physical Disabilities waiver to ensure compliance with federal law and promote best practices;
(B) Establish new payment rates for Federally-Qualified Health Centers;
(C) Establish a new payment method and make other improvements to the payment methodology for hospital inpatient treatment;
(D) Establish a new payment method and make other improvements to the payment methodology for hospital outpatient services;
(E) Implement needed amendments to the Intellectual Disabilities/Developmental Disabilities waiver to ensure compliance with federal law and promote best practices;
(F) Align specialty hospital payments with the complexity of their patient mixes and national best practices and to describe payment standards for sub-acute services for children who are inpatients in private psychiatric specialty hospitals; and
(G) Update transplantation coverage standards and provide coverage for lung transplantation and autologous bone marrow transplantation.
(9) Review and approval by the Council of the Fiscal Year 2016 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any amendment, modification, or waiver of the state plan required to:
(A) Update the reimbursement methodology model for intermediate care facilities for persons with developmental disabilities to ensure compliance with federal law;
(B) Update the payment methodology for hospital services;
(C) Update the payment methodology for Federally-Qualified Health Centers;
(D) Update the payment methodology and program standards for Home Health Agencies;
(E) Create health homes for chronically ill District residents;
(F) Establish a provider fee on District Medicaid hospitals for in-patient services; and
(G) Establish a supplemental payment to District Medicaid hospitals for outpatient services.
(10) Review and approval by the Council of the Fiscal Year 2017 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any amendment, modification, or waiver of the state plan required to:
(A) Implement needed amendments to:
(i) The Intermediate Care Facilities for Individuals with Developmental Disabilities reimbursement methodology;
(ii) The payment methodology for hospital services;
(iii) The payment methodology for nursing homes;
(iv) The payment methodology for the Disproportionate Share Hospital program;
(v) The health homes program;
(vi) Renew and update the Elderly and Individuals with Physical Disabilities waiver program and make conforming changes to the state plan; and
(vii) The payment methodology for prescription drugs; and
(B) Increase the number of participants in the Home and Community-Based Services Waiver for Persons with Intellectual and Developmental Disabilities program.
(11) Review and approval by the Council of the Fiscal Year 2018 Budget and Financial Plan shall constitute the Council review and approval required by paragraph (2) of this subsection of any amendment, modification, or waiver of the state plan required to:
(A) Continue a provider fee on District Medicaid hospitals for in-patient services;
(B) Continue a supplemental payment to District Medicaid hospitals for outpatient services;
(C) Update the payment methodology and rates for fee-for-service providers;
(D) Renew and amend the Intellectual and Developmental Disabilities waiver;
(E) Make changes to the health homes program; and
(F) Make changes to mental health rehabilitation services.
(b)(1) Notwithstanding any other provision of law, the Mayor may take such action as may be necessary to submit such plan to the Secretary and to establish and carry out such medical assistance program, except that in prescribing the standards for determining eligibility for and the extent of medical assistance under the District of Columbia’s plan for medical assistance, the Mayor may not (except to the extent required by Title XIX of the Social Security Act):
(A) Prescribe maximum income levels for recipients of medical assistance under such plan which exceed:
(i) The Title XIX maximum income levels if such levels are in effect; or
(ii) The Mayor’s maximum income levels for the local medical assistance program if there are no Title XIX maximum income levels in effect; or
(B) Prescribe criteria which would permit an individual or family to be eligible for such assistance if such individual or family would be ineligible, solely by reason of his or its resources, for medical assistance both under the plan of the State of Maryland approved under Title XIX of the Social Security Act and under the plan of the State of Virginia approved under such title.
(2) For purposes of subparagraph (A) of paragraph (1) of this subsection:
(A) The term “Title XIX maximum income levels” means any maximum income levels which may be specified by Title XIX of the Social Security Act for recipients of medical assistance under state plans approved under that title;
(B) The term “the Mayor’s maximum income levels for the local medical assistance program” means the maximum income levels prescribed for recipients of medical assistance under the District of Columbia’s medical assistance program in effect in the fiscal year ending June 30, 1967; and
(C) During any of the first 4 calendar quarters in which medical assistance is provided under such plan there shall be deemed to be no Title XIX maximum income levels in effect if the Title XIX maximum income levels in effect during such quarter are higher than the Mayor’s maximum income levels for the local medical assistance program.
(c) The District state plan required under Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), shall provide that all persons in the following categories are eligible for Medicaid benefits:
(1) A pregnant woman or an infant under 1 year of age with an income up to 185% of the federal poverty line, as authorized by § 1902(a)(1) of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396a(a)(1));
(2) A child born after September 30, 1983, who has not attained the age of 8 years and whose family income is not more than 100% of the federal poverty line, as authorized by § 1902 of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396a); and
(3) A pregnant woman or a child during a presumptive eligibility period as authorized by § 1902(a) of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396a(a)).
(d)(1) For purposes of this subsection, the term:
(A) “TANF-related Medicaid recipient” means a family that has dependent children under 21 years of age in the home and whose income is not low enough to qualify for financial assistance, but is low enough to qualify for medical assistance.
(B) “Health maintenance organization” means a public or private organization, operating in the District of Columbia, which contracts with the District government to provide comprehensive health maintenance, preventive and treatment services emphasizing access to primary care for enrolled members of the plan through its own network of physicians and hospitals for a fixed prepaid premium.
(C) “Managed care provider” means either a primary care provider or a health maintenance organization.
(D) “Primary care provider” means a physician, clinic, hospital, or neighborhood health center that is responsible for providing primary care and coordinating referrals, when necessary, to other health care providers.
(E) “Restricted recipient” means a person who has been restricted to one designated primary care provider for a minimum of one year after a finding of abuse or misuse of Medicaid services by the Commission on Health Care Financing.
(2) The Mayor shall establish a plan to mandate enrollment of TANF and TANF-related Medicaid recipients in a managed care program for the purpose of providing access to comprehensive and coordinated health care in an efficient and cost effective manner. The plan shall provide the following:
(A) TANF and TANF-related Medicaid recipients shall select any health maintenance organization with a current contract with the District of Columbia to provide managed care services to TANF and TANF-related Medicaid recipients on a capitated method of payment;
(B) The Mayor shall exclude TANF and TANF-related Medicaid recipients from the managed care program who are:
(i) Residents in a nursing facility or intermediate care facility for persons with intellectual or developmental disabilities;
(ii) Repealed.
(iii) Eligible for Medicaid for a period that is less than 3 months;
(iv) Eligible for a period that is retroactive;
(v) Foster children residing outside the District of Columbia; or
(vi) Restricted recipients.
(C) The Mayor shall assign any TANF and TANF-related Medicaid recipient who does not choose a provider within a reasonable time to a health maintenance organization described in subparagraph (A) of this paragraph.
(D) Repealed.
(E) TANF and TANF-related Medicaid recipients enrolled in a managed care program shall be exempted from any additional co-payment requirements other than those imposed by the Medicaid program.
(F) The Mayor shall develop an education program to fully inform TANF and TANF-related Medicaid recipients about the various managed care programs to ensure better care for recipients while avoiding unnecessary and inappropriate use of hospital based services for preventive and primary care.
(3) In order to participate in the managed care plan, a provider must:
(A) Be a Medicaid qualified provider and be accessible to enrollees on a 24 hours per day, 7 days per week basis. The Mayor shall establish a monitoring system to ensure that recipients have 24 hours per day, 7 days per week access to their managed care providers and that treatment is provided in a timely manner; and
(B) Have a written contract with the District government which provides detailed information regarding the responsibilities of the managed care provider and the District government for providing or arranging for the provision of, and making payment for all services to which the TANF and TANF-related Medicaid recipient is entitled under the District state Medicaid plan.
(4) The Mayor shall maintain a grievance and appeal process for TANF and TANF-related Medicaid recipients enrolled in a managed care program.
(5) The Mayor shall require that managed care providers, which receive a capitated method of payment, submit adequate assurances to protect the District government against risk in case a provider becomes insolvent.
(6) To implement the requirements of this subsection the Mayor shall:
(A) Amend the District state Medicaid plan pursuant to § 4-204.05; and
(B) Seek and obtain all necessary waivers of federal Medicaid statutes, rules and regulations.
(7) The Mayor shall submit to the Council on an annual basis an assessment of the cost effectiveness of the managed care plan and its impact on the TANF and TANF-related Medicaid recipient’s access to care of adequate quality.
(e)(1) The District state plan required under Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), may provide for reimbursement of chiropractic services.
(2) The Mayor may develop and implement a reimbursement methodology for chiropractic services.
(f) [Not funded].
§ 1–307.02a. Minimum maintenance needs allowance for an institutionalize Medicaid beneficiary with a community spouse.
For purposes of protecting the income of the community spouse of a Medicaid beneficiary who is institutionalized, the Mayor is directed to set the minimum monthly maintenance needs allowance at the maximum level permitted under section 1924 of the Social Security Act, approved July 1, 1988 (102 Stat. 758; 42 U.S.C. § 1396r-5 ), and to amend the District of Columbia Medicaid State Plan accordingly.
§ 1–307.03. Medical assistance expansion program establishment.
(a) The Mayor shall establish a program to expand medical assistance to adult District residents with an annual household income up to 200% of the federal poverty level.
(1) The Mayor may provide medical assistance to eligible residents by making arrangements with managed care providers either on a fee-for-service or capitated basis.
(2) Enrollees of the program shall select a health maintenance organization with a current contract with the District to provide managed care services.
(3) The Mayor shall assign any enrollee who does not choose a provider within a reasonable period of time to the District of Columbia Health and Hospitals Public Benefit Corporation.
(4)(A) In fiscal year 2000, the Mayor may establish a pilot project to expand Medicaid coverage to not more than 2,400 adult District residents.
(B) The funding for the pilot shall be derived by amending the Disproportionate Share adjustment paid to hospitals.
(5) To implement any expansion for adult District residents with an annual household income up to 200% of the federal poverty level the Mayor shall:
(A) Seek and obtain all necessary waivers of federal Medicaid statutes, rules, and regulations; and
(B) Amend the District State Medicaid plan.
(b) The Mayor shall establish a program to provide medical assistance to undocumented children not eligible for coverage under Medicaid who reside in the District and have an annual household income up to 319% of the federal poverty level for children age 18 or younger, and up to 216% of the federal poverty level for children ages 19 and 20. In determining a household income under this subsection, the Mayor may implement an income disregard amount, based on family size, of up to 5% of the federal poverty level or such higher percentage as may be authorized by the federal government as an income disregard for the determination of eligibility for Medicaid.
(1) The Mayor may provide medical assistance to eligible residents by making arrangements with managed care providers either on a fee-for-service or capitated basis.
(2) Upon the Mayor's determination of a resident's eligibility for the program, the Mayor shall enroll the resident in the program and assign the enrollee to a health maintenance organization with a current contract with the District to provide health care services for program enrollees.
(3) For a period of time of at least 30 days after the Mayor's assignment of an enrollee under paragraph (2) of this subsection, the enrollee may choose to enroll in a different health maintenance organization with a current contract with the District to provide health care services for program enrollees.
(4) In fiscal year 2000, the Mayor shall establish a pilot program to provide medical assistance to not more than 500 immigrant children not eligible to be covered under Medicaid.
(c) Beginning on October 1, 2021, the Mayor may modify the standards for eligibility to enroll in a program established by subsections (a) and (b) of this section to increase the number of District residents who would be eligible to enroll in the program to the extent such expansion is consistent with the District's budget and financial plan.
(d) The Mayor may provide financial support to providers to register the uninsured in conformity with the financial plan and budget.
(e) Nothing in this section, § 1-307.05, or § 1-307.06 shall be deemed to create or constitute an entitlement or right to medical coverage.
§ 1–307.04. Supplementary medical insurance program.
The Mayor may enter into an agreement (and any modifications of such agreement) with the Secretary under § 1843 of the Social Security Act pursuant to which:
(1) Eligible individuals (as defined in § 1836 of the Social Security Act) who are eligible to receive medical assistance under the District of Columbia’s plan for medical assistance approved under Title XIX of the Social Security Act will be enrolled in the supplementary medical insurance program established under part B of Title XVIII of the Social Security Act; and
(2) Provisions will be made for payment of the monthly premiums of such individuals for such program.
§ 1–307.05. Children’s Health Insurance Program.
(a) The Mayor may submit a state child health plan and modifications to the plan to the Secretary of the United States Department of Health and Human Services (“Secretary”), to enable the District to receive federal assistance under title XXI of the Social Security Act, approved August 5, 1997 (Pub.L. No. 105-33; 42 U.S.C. § 1397aa et seq.).
(b) The Mayor may take such action, in accordance with the rules issued by the Mayor pursuant to this part, as may be necessary to submit the plan to the Secretary and to establish and carry out the Children’s Health Insurance Program.
§ 1–307.05a. Childhood continuous eligibility requirements. [Not Funded]
Not Funded.
§ 1–307.06. Rulemaking authority.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of § 1-307.03, § 1-307.05, and this section.
Part B. Free Clinic Liability Indemnification Assistance Program.
§ 1–307.21. Definitions. [Expired]
Expired.
§ 1–307.22. Establishment. [Expired]
Expired.
§ 1–307.23. Eligibility requirements. [Expired]
Expired.
§ 1–307.23a. Establishment of working group to study program alternatives. [Expired]
Expired.
§ 1–307.24. Rules. [Expired]
Expired.
§ 1–307.25. Applicability. [Expired]
Expired.
§ 1–307.26. Expiration date. [Expired]
Expired.
Part C. Medical Benefits Protection.
§ 1–307.41. Insurer obligations.
(a) No insurer may deny coverage or withhold payments under its plan for any enrollee, subscriber, policyholder, or certificateholder on the basis that such enrollee, subscriber, policyholder, or certificateholder is eligible for Medicaid pursuant to a Medicaid state plan adopted by the District of Columbia or any other jurisdiction pursuant to § 1902 of the Social Security Act (79 Stat. 344; 42 U.S.C. § 1396a).
(b) No insurer may deny enrollment of a child under the health plan of the child’s parent on the grounds that:
(1) The child was born out of wedlock;
(2) The child is not claimed as a dependent on the parent’s federal income tax return; or
(3) The child does not reside with the parent or in the insurer’s service area.
(c) Where a child has health coverage through an insurer of a noncustodial parent, the insurer shall:
(1) Provide such information to the custodial parent as may be necessary to obtain benefits through such coverage, including the information required under § 46-251.05(a).
(2) Permit the custodial parent (or the provider, with the custodial parent’s approval) to submit claims for covered services without the approval of the noncustodial parent; and
(3) Make payments on claims submitted in accordance with paragraph (2) of this subsection directly to the custodial parent, the provider, or the District of Columbia Medicaid agency.
(d) Where a parent is required by a court or administrative order to provide health coverage for a child, and the parent is eligible for family health coverage, the insurer shall:
(1) Permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;
(2) Enroll the child under family coverage upon application by the child’s other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Title IV-D of the Social Security Act (88 Stat. 2351; 42 U.S.C. §§ 652 through 669), if the employed parent is enrolled but fails to make application to obtain coverage of the child;
(2A) Enroll the child and the employed parent under family coverage upon application by the child’s other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Part D of Title IV of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), if the employed parent is not enrolled and the health insurance plan requires the employed parent’s enrollment for the child to be eligible; and
(3) Not disenroll (or eliminate coverage of) the child unless the insurer is provided satisfactory written evidence that:
(A) The court or administrative order is no longer in effect; or
(B) The child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of disenrollment.
(e) As a condition of doing business in the District:
(1) An insurer shall not impose requirements on a District of Columbia agency that has been assigned the rights of an individual eligible for medical assistance under the District State Medicaid Plan and covered for health benefits from the insurer that are different from requirements applicable to an agent or assignee of any other individual so covered.
(2) An insurer shall:
(A) Accept the District’s right of recovery and the assignment to the District of any right of an individual or other entity to payment from the insurer for an item or service for which payment has been made under the District State Medicaid Plan;
(B) Respond to any inquiry by the District, or its agent, regarding a claim for payment for a health care item or service that the District submits within 3 years after the date that the health-care item or service was provided;
(C) Not deny a claim submitted by the District because of the date of submission of the claim, the type or format of the claim form, or for failure to present proper documentation at the point-of-sale that is the basis of the claim; provided, that the District:
(i) Submits the claim within the 3-year period beginning on the date of which the item or service was furnished; and
(ii) Commences an action to enforce its right with respect to the claim within 6 years of submitting the claim; and
(D) Upon the request of the Mayor, in a manner prescribed by the Mayor, provide coverage, eligibility, and paid claims data to the District, or its agent, to determine the period that individuals who received, or were eligible for, health care assistance were, or could have been, covered by an insurer and the nature of the coverage that is being, or was, provided by the health insurer. The data to be provided shall include:
(i) Each individual’s:
(I) Name;
(II) Address; and
(III) Plan identification number; and
(ii) Any other information prescribed by the Mayor.
(f) For the purposes of this section, the term “insurer” includes a self-insured plan, a group health plan, as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, approved April 7, 1986 (100 Stat. 231; 29 U.S.C. § 1167(1)), a service benefit plan, a managed care organization, a pharmacy benefit manager, or other party that is, by statute, contract, or agreement, legally responsible for payment of a claim for all or part of a health-care item or service.
§ 1–307.42. Employer obligations.
Where a parent is required by a court or administrative order to provide health coverage, which is available through the parent’s employer, the employer shall:
(1) Permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment restrictions;
(2) Enroll the child under family coverage upon application by the child’s other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Title IV-D of the Social Security Act (88 Stat. 2351; 42 U.S.C. § 651 through 669), if the parent is enrolled but fails to make application to obtain coverage of the child;
(2A) Enroll the child and the employed parent under family coverage upon application by the child’s other parent, or by the District of Columbia agency administering either the Medicaid program or the child support enforcement program pursuant to Part D of Title IV of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), if the employed parent is not enrolled and the health insurance plan requires the employed parent’s enrollment for the child to be eligible;
(3) Not disenroll or eliminate coverage of any such child unless the employer is provided satisfactory written evidence that:
(A) The court order is no longer in effect;
(B) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment;
(C) The employer has eliminated family health coverage for all its employees; or
(D) The employer no longer employs the parent and the parent has not elected to continue coverage through a plan offered by the employer for post-employment health insurance coverage for dependents;
(4) Subject to §§ 46-251.07 and 46-251.08, withhold from the employee’s compensation the employee’s share (if any) of premiums for health coverage and to pay this amount to the insurer, except that the maximum amount so withheld may not exceed the maximum amount to be withheld under § 303(b) of the Consumer Credit Protection Act (82 Stat. 163; 15 U.S.C. § 1673(b));
(5) Upon receipt of a court or administrative order that has directed the parent to provide health insurance coverage for the child, provide the insurer with the order for health insurance coverage and inform the insurer that the order operates to enroll the child in the coverage; and
(6) Upon receipt of a medical support notice issued by the IV-D agency under § 46-251.02, comply with the provisions of §§ 46-251.04, 46-251.07, and 46-251.08.
§ 1–307.43. Recoupment of amounts spent on child medical care.
(a) The Mayor may garnish wages, salary, or other employment income of, and intercept, in accordance with procedures set forth in § 47-1812.11 [repealed], any amounts from District of Columbia tax payable to, any person who:
(1) Is required by court or administrative order to provide coverage of the cost of health services to a child who is eligible for Medicaid; and
(2) Has received payment from a third party for the costs of such services, but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services.
(b) A garnishment or tax intercept effectuated pursuant to subsection (a) of this section shall be effected only to the extent necessary to reimburse the District of Columbia Medicaid agency for its cost under the state plan, but claims for current and past due child support shall take priority over these claims.
Part D. Opportunity Accounts.
§ 1–307.61. Definitions.
For the purposes of this part, the term:
(1) “Account holder” means a person who is the owner of an opportunity account.
(2) “Administering organization” means an entity that is approved by the Mayor to implement and administer an opportunity account program.
(2A) "Commissioner" means the Commissioner of the Department of Insurance, Securities, and Banking.
(3) “District of Columbia median income” means the most recent measurement of median income for the District of Columbia published by the United States Department of Housing and Urban Development.
(4) “Financial institution” means a bank, trust company, savings bank, credit union, or savings and loan association with an office in the District of Columbia.
(5) “Medical emergency” means a debilitating or life-threatening illness.
(6) “Opportunity account” means a special savings account established under this part.
(7) “Opportunity Account Office” means the special savings account office established under § 1-307.62.
(8) “Opportunity account program” means a program of an administering organization to administer and oversee opportunity accounts and to encourage the establishment of opportunity accounts.
(9) “Opportunity account reserve fund” means the fund created by an administering organization for the purposes of funding the costs incurred in the administration of an opportunity account program and for providing matching funds for opportunity accounts.
(10) “Retirement” means the period commencing upon the eligibility of a person for Social Security benefits.
§ 1–307.62. Establishment of Opportunity Account Office.
The Mayor shall establish in the executive branch an office to be known as the Opportunity Account Office. The office shall:
(1) Provide eligible families and individuals with an opportunity to establish opportunity accounts;
(2) Provide that the opportunity account shall be established by an approved financial institution and administered by an approved organization;
(3) Provide incentives to encourage participation in the program; and
(4) Require that money deposited into an opportunity account shall be used only for approved purposes.
§ 1–307.63. Solicitation and consideration of proposals by organizations to administer opportunity account programs.
(a) The Mayor shall solicit proposals from private organizations to administer opportunity accounts on a nonprofit basis. Organization proposals shall include:
(1) A description of the qualifications of the organization to administer an opportunity accounts program;
(2) A description of the ability and plans of the organization to provide or raise sufficient funds to provide matching contributions for opportunity accounts;
(3) A description of the ability of the organization to maintain sufficient funds to administer an opportunity account program;
(4) A description of groups to be targeted for priority participation in the opportunity account program;
(5) A process for including account holders in decision-making regarding the implementation of the opportunity account program;
(6) A requirement that an account holder contribute funds from earned income;
(7) A requirement that the account holder attend economic literacy courses of the administering organization or a partner organization;
(8) A requirement that the account holder be provided adequate information on the requirements of the opportunity account program and this part and the purposes for which opportunity account and matching fund account funds may be used;
(9) A process for offering or making available courses or training on the use of funds for an approved purpose, such as a home purchase or the establishment of a business;
(10) A process for regular evaluation and review of opportunity accounts to ensure compliance with this part, District of Columbia regulations, and program rules by account holders and a process for counseling account holders who are not in compliance;
(11) A system for preventing withdrawal of matching funds for a purpose other than an approved purpose by maintaining the matching funds in a matching funds account separate from the opportunity account; and
(12) Other information as may be required by the Mayor.
(b) In reviewing proposals of organizations to administer opportunity accounts, the Mayor shall consider the following factors:
(1) Whether the organization is exempt from taxation under section 501(c)(3) of the Internal Code of 1986, approved October 22, 1986 (68A Stat. 163; 26 U.S.C. § 501(c)(3));
(2) The administrative and technical ability of the organization to administer an opportunity account program;
(3) The fiscal accountability of the organization;
(4) The ability of the organization to provide or raise money for matching contributions;
(5) The ability of the organization to establish and administer an opportunity account reserve fund to receive contributions from opportunity account program contributors;
(6) The amount and quality of proposed auxiliary services, including economic literacy seminars and asset training;
(7) The staffing that the organization will assign to the opportunity account program;
(8) The record of the organization in administering other public assistance programs; and
(9) Any other factors the Mayor considers relevant to the determination of the ability of the organization to create and operate an opportunity account program efficiently and effectively.
§ 1–307.64. Responsibilities of administering organization.
An administering organization shall:
(1) Administer opportunity accounts in accordance with this part and all rules promulgated under this part and in conformity with the organization’s application as approved by the Mayor;
(2) Establish an opportunity account reserve fund account at a financial institution and deposit into that account sufficient funds to administer the organization’s opportunity account program and to provide potential matching funds for opportunity accounts in the organization’s opportunity account program; and
(3) Review and approve expenditures of opportunity account funds to ensure that the expenditures are used for a purpose permitted under this part.
§ 1–307.65. Financial institution establishment of opportunity accounts.
(a) A financial institution shall not establish an opportunity account for an account holder unless the establishment of the account by the financial institution is approved by the Mayor. The Mayor may grant general approval to a financial institution to establish an opportunity account for any person meeting specified standards.
(b) A financial institution may establish an opportunity account reserve fund account if the establishment of the account by the financial institution is approved by the Mayor. The Mayor may grant general approval to a financial institution to establish an opportunity account reserve fund account for any organization meeting specified standards.
(c) A financial institution establishing an opportunity account shall certify to the Mayor, on a form to be prescribed by the Mayor and accompanied by any documentation required by the Mayor, that an opportunity account has been established and that funds have been deposited into the account.
(d) A financial institution establishing an opportunity account reserve fund account shall certify to the Mayor, on a form to be prescribed by the Mayor and accompanied by any documentation required by the Mayor, that an opportunity account reserve fund account has been established and that funds have been deposited into the account.
(e) A financial institution establishing an opportunity account shall:
(1) Maintain the account in the name of the account holder alone or in a subaccount of an escrow or custodial account in the name of the administering organization;
(2) Permit deposits to be made in the account by the account holder or an organization on behalf of the account holder;
(3) Provide at least the market rate of interest for the account; and
(4) Permit the account holder, or, if in an escrow or custodial account, the administering organization, to withdraw money from the account.
§ 1–307.66. Eligibility to open an opportunity account; account limit.
(a) An individual whose household income does not exceed 85% of the District of Columbia median income may open an opportunity account.
(b) The total balance in an opportunity account, except interested earned on matching funds or funds deposited into the account by the account holder, shall not exceed $10,000.
§ 1–307.67. Matching funds and return of matching funds; tax exemption.
(a) The administering organization shall deposit into a matching funds account for the account holder matching funds of at least $2 for every dollar that the account holder deposits into the account.
(b) Subject to annual available appropriations, the District of Columbia shall provide to an administering organization matching funds of $2, to be deposited into the matching funds account for the account holder, for every dollar that the account holder deposits into the opportunity account; provided that:
(1) The District of Columbia shall not provide matching funds for the account unless the administering organization provides matching funds in at least the same amount;
(2) The District of Columbia shall provide no more than $3,000 in the aggregate in matching funds per account, except as provided in paragraph (3) of this subsection; and
(3) The Commissioner may waive the requirement in subsection (a) of this section and may provide matching funds of up to $4 for every dollar the account holder deposits into the opportunity account when adequate federal or private matching funds are not available. For each additional dollar of matching funds that the District provides to an opportunity account pursuant to such a waiver, the aggregate matching funds limit set forth in paragraph (2) of this subsection for that account shall be increased by $1.
(c) There shall be no limit on federal or private matching funds made available to an account holder.
(d) Subject to annual available appropriations, matching funds deposited into a matching funds account or withdrawn by an account holder from a matching funds account shall be exempt from taxation under District of Columbia law; provided, that any money withdrawn from a matching funds account by an account holder for an unapproved use shall be taxed as income to the account holder, unless the funds are reinstated in accordance with § 1-307.68(d).
(e) The administering organization shall deposit matching funds in an account separate from the opportunity account. The separate account may be the opportunity account reserve fund account.
(f) Except for matching funds used for an approved purpose under § 1-307.68(a) before 10 years after the establishment of the opportunity account, the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided 10 years after the establishment of the opportunity account.
§ 1–307.68. Use of opportunity account funds.
(a) An account holder may withdraw his or her opportunity account funds or matching funds for any of the following purposes, if approved by the administering organization:
(1) To pay educational costs for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder at an accredited institution of higher education;
(2) To pay job training costs for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder at an accredited or licensed training program;
(3) To purchase a primary residence;
(4) To pay for major repairs or improvements to a primary residence;
(5) To fund start-up costs of a business for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder;
(6) Repealed.
(7) To pay for costs and expenses incurred during retirement;
(8) To purchase a federally qualified individual retirement account if such purchase takes place not earlier than 5 years after the establishment of the opportunity account; and
(9) To pay for any cost, expense, or item authorized by a rule issued pursuant to § 1-307.73.
(b) If an account holder withdraws opportunity account funds or matching funds for a purpose not allowed by this part: (1) the account holder shall lose his or her matching funds and the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided; (2) the account holder shall be removed from the opportunity account program; and (3) all funds deposited by the account holder into the opportunity account shall be returned to the account holder. The Mayor may establish, by rule, an opportunity for an account holder to reinstate funds to his or her opportunity account or matching funds account after an unlawful withdrawal before the penalties in this subsection shall take effect.
§ 1–307.69. Emergency withdrawal.
(a) An account holder may make an emergency withdrawal of his or her opportunity account funds in accordance with this section.
(b) An account holder may make an emergency withdrawal for:
(1) Paying the costs of medical care or the expenses necessary to obtain medical care for the account holder or a spouse, domestic partner, father, mother, child, or dependent of the account holder;
(2) Making a payment necessary to prevent the eviction of the account holder from the primary residence of the account holder or to prevent foreclosure on a mortgage for the primary residence of the account holder;
(3) Making payments necessary to enable the account holder to meet necessary living expenses following loss of employment; and
(4) Making health insurance premium payments in the event of a sudden, unexpected loss of income.
(c) Repealed.
(c-1) If an account holder makes an emergency withdrawal for the purposes set forth at subsection (b)(2) or (3) of this section, the account holder shall withdraw only funds deposited by the account holder and shall not withdraw matching funds.
(c-2) If an account holder makes an emergency withdrawal for the purposes set forth at subsection (b)(1) of this section, the account holder shall withdraw only funds deposited by the account holder and shall not withdraw matching funds, unless the withdrawal is for a medical emergency.
(c-3) If an account holder makes an emergency withdrawal for the purposes set forth at subsection (b)(4) of this section, the account holder may withdraw funds deposited by the account holder and matching funds.
(d) An emergency withdrawal shall not be made unless authorized by an administering organization on a case-by-case basis.
(e) An account holder shall not be required to repay funds withdrawn from the opportunity account for an emergency withdrawal but shall resume making deposits into the opportunity account no later than 90 days after the emergency withdrawal. If the account holder fails to make a deposit no later than 90 days after the emergency withdrawal:
(1) The account holder shall lose his or her matching funds and the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided;
(2) The account holder shall be removed from the opportunity account program; and
(3) All funds deposited by the account holder into the opportunity account shall be returned to the account holder.
§ 1–307.70. Disposition upon death.
(a) An account holder shall designate in writing a contingent beneficiary at the time the account is established.
(b) In the event of the death of an account holder, ownership of the account shall be transferred to the contingent beneficiary. If the contingent beneficiary is deceased, is not eligible to be an account holder, or otherwise cannot or will not accept ownership of the account, the matching funds shall be returned to the District of Columbia and administering organization in the same amounts as the matching funds were provided and the funds in the opportunity account shall be disbursed in accordance with District of Columbia law.
(c) The account holder may change, by a written instrument, his or her designation of the contingent beneficiary at any time.
§ 1–307.71. Use of reserve funds for administrative expenses.
(a) No more than 20% of the funds in the opportunity account reserve fund account shall be used for administrative costs of the opportunity account program during either of the first 2 years of an opportunity account program. No more than 15% of the funds in the opportunity account reserve fund account may be used for administrative costs during any subsequent year.
(b) Funds deposited by account holders shall not be used for administrative costs.
§ 1–307.72. Exclusion of opportunity account funds from public assistance program calculations.
Funds in an opportunity account, including accrued interest, shall not be considered in the determination of whether a person is eligible to receive, or the determination of the amount of, any public assistance or benefits.
§ 1–307.73. Rulemaking.
The Mayor shall promulgate rules, in accordance with subchapter I of Chapter 5 of Title 2, to carry out the purposes and functions of this part.
§ 1–307.74. Report to Council.
The Mayor shall provide a comprehensive report on the costs and benefits of the administration of the Opportunity Account Office and opportunity account programs to the Council 18 months after April 3, 2001, and every 2 years thereafter.
Part D-i. Captive Insurance Agencies.
§ 1–307.81. Definitions.
For the purposes of this part, the term:
(1) “Advisory Council” means the advisory council established by § 1-307.85.
(2) “Agency” means the Captive Insurance Agency.
(2A) “Act of terrorism” shall have the same meaning as provided in § 22-3152(1).
(3) “Captive manager” means the person appointed by the Risk Officer pursuant to § 1-307.84(b) to run the day-to-day affairs of the Agency.
(4) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.
(4A) "District personal property asset" means property, other than a District real property asset, that is owned by the District.
(4B) “District real property asset” means improved real property owned by the District and includes all structures of a permanent character erected on or affixed to the property.
(5) “Fund” or “Captive Trust Fund” means the Captive Trust Fund established under § 1-307.91.
(6) “Federally qualified health center” shall have the same meaning as provided in section 1861(aa)(4) of the Social Security Act, approved August 14, 1935 (79 Stat. 313; 42 U.S.C. § 1395x(aa)(4)).
(7) “Gap coverage” means coverage for medical malpractice risks of the District’s Federally Qualified Health Centers not covered through the Federal Tort Claims Act, approved August 2, 1946 (60 Stat. 847; 15 U.S.C. § 41 et seq.).
(8) “Health center” means a health center or service that:
(A) Has obtained all licenses, permits, and certificates of occupancy or need that are required as a precondition to lawful operation in the District;
(B) Is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3));
(C) Is certified by the Commissioner to meet the requirements of this part; and
(D) Accepts and provides services to individuals regardless of ability to pay; provided, that a health center may accept payment from:
(i) Health insurance providers for services rendered, if a patient has such insurance coverage and consents in writing to the filing of a claim for benefits to which the patient is eligible; and
(ii) Patients on a sliding fee scale.
(8A) "Liability insurance" means an insurance policy that pays, or renders a service on behalf of, the insured for losses arising out of a legal liability to others.
(8B) “Medical malpractice” means professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error.
(9) “Operational” means that the Council has approved insurance policies for the health centers covered under part B of this subchapter.
(9A) "Personal property insurance" means an insurance policy that protects against risks to personal property.
(9B) "Real property insurance" means an insurance policy that protects against risks to real property such as earthquakes, floods, acts of terrorism, fire, boiler or machinery failures, business interruptions, pollution, debris removal, and weather damage.
(10) “Risk Officer” means the Chief Risk Officer, established by Reorganization Plan No. 1 of 2003, effective December 15, 2003 [§ 1-1518.01].
(11) “Tail coverage” means liability insurance purchased by an insured to extend the insurance coverage beyond the end of the policy period of a liability policy written on a claims-made basis.
(12) “Volunteer service provider” means any person licensed to practice in the District who provides health-care, rehabilitative, social, or related administrative services:
(A) At a health center;
(B) To or with respect to a patient of the health center; and
(C) Without receiving payment from the District government for the performance of those services.
§ 1–307.82. Establishment of the Captive Insurance Agency.
(a) There is established, as a subordinate agency, the Captive Insurance Agency.
(b) The purpose of the Agency is to:
(1) Provide medical malpractice liability insurance policies for health centers, including coverage for the staff, contractors, and volunteer service providers for the services provided at the health centers; and
(2) Procure real property insurance for District real property assets, personal property insurance for District personal property assets, liability insurance to protect the District against loss arising out of a legal liability to others, and such other insurance policies as the Risk Officer determines necessary to minimize risk of loss to the District.
(c) The liability of the Agency for medical malpractice liability, property insurance policies, and any other policies provided for pursuant to this part shall be limited to the funds in the Captive Trust Fund and the Medical Captive Insurance Claims Reserve Fund.
§ 1–307.83. Authority of the Agency.
(a) The Agency shall have the authority to:
(1) Exercise procurement authority as is necessary or proper to carry out the provisions and purposes of this part, including contract oversight and contracting with:
(A) Other insurance companies, captives, risk pools, re-insurers, and other similar entities;
(B) Similar captives of other states, municipalities, or counties for the joint performance of common administrative functions; and
(C) Persons or other entities for the performance of organizational, management, or administrative functions;
(2) Take such action as necessary:
(A) To avoid the payment of improper claims against the Agency or the coverage provided by or through the Agency;
(B) To recover any amounts erroneously or improperly paid by the Agency;
(C) To recover any amounts paid by the Agency as a result of mistake of fact or law; or
(D) To recover or collect premiums or other amounts due the Agency;
(3) Establish and modify rates, rate schedules, rate adjustments, expense allowances, claim reserve formulas, and any other actuarial function appropriate to the operation of the Agency; provided, that adjustments to rates and rate schedules shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices;
(4) Issue policies of medical malpractice insurance, including tail coverage, in accordance with the requirements of the plan of operation under § 1-307.87;
(4A) Procure policies of real property insurance, personal property insurance, and liability insurance to reduce the risk of loss to the District.
(5) Appoint appropriate legal, actuarial, audit, and other committees as necessary to provide technical assistance in the operation of the Agency, policy and other contract design, and any other function within the authority of the Agency;
(6) Employ and fix the compensation of employees;
(7) Prepare and distribute certificate of eligibility forms and enrollment instruction forms to health centers;
(8) Provide for reinsurance of risks incurred by the Agency;
(9) Provide for, and employ, cost containment measures and risk management program standards;
(10) Seek and receive grant funding from the United States government, District departments or agencies, and private foundations;
(11) Adopt policies, procedures, rules, and standards as may be necessary or convenient for the operation of the Agency consistent with this part;
(12) Adopt and administer personnel policies and procedures;
(13) Employ its own general counsel and special counsel from time to time, as needed;
(14) Adopt and administer its own procurement and contracting policies and procedures;
(15) Select, retain, and employ professionals, contractors, or agents which are necessary or convenient to enable or assist the Agency in carrying out the purposes of the Agency; and
(16) Provide gap coverage to the District’s Federally Qualified Health Centers for medical malpractice risks.
(b) Upon the request of the Risk Officer, the Mayor and the governing officer or body of each instrumentality of the District, by delegation or agreement, may direct that personnel or other resources of a District agency or instrumentality be made available to the Agency on a full cost-reimbursable basis to carry out the Agency’s duties. Personnel detailed to the Agency under this subsection shall not be considered employees of the Agency, but shall remain employees of the agency or instrumentality from which the employees were detailed. With the consent of an executive agency, department, or independent agency of the federal government or the District government, the Agency may use the information, services, staff, and facilities of the department or agency on a full cost-reimbursable basis.
§ 1–307.84. Management of the Agency.
(a) The Agency shall be administered by the Risk Officer.
(b) The Risk Officer shall employ a captive manager who shall run the day-to-day affairs of the Agency and shall report to the Risk Officer. The Risk Officer shall employ such other professionals as are necessary or appropriate to effectuate the purposes of this part.
(c) The Risk Officer may delegate the authority to perform any function authorized to be performed by the Risk Officer under this part.
(d) The Risk Officer may hire Agency staff.
§ 1–307.85. Advisory Council to the Agency.
(a) There is established an Advisory Council to the Agency to assist and advise the Risk Officer regarding the Agency.
(b) The Advisory Council shall consist of 7 members appointed by the Risk Officer. One member shall represent the District of Columbia Primary Care Association, 2 members shall represent District health centers, 2 members shall have expertise in general property insurance and re-insurance, and 2 members shall have general insurance expertise, whether medical malpractice or general property insurance.
(c) The Risk Officer and the captive manager shall serve as ex officio members of the Advisory Council.
(d) The Risk Officer shall serve as chairperson of the Advisory Council.
(e) Except as provided in subsection (f) of this section, Advisory Council members shall serve terms of 3 years. An Advisory Council member’s term shall continue until his or her successor is appointed. The Advisory Council members may be reappointed for additional terms.
(f) The Risk Officer shall determine the terms the initial Advisory Council members shall serve. Three of the Advisory Council members shall serve terms of 2 years, 2 shall serve terms of 4 years, and 2 shall serve terms of 6 years.
(g) Vacancies in the Advisory Council shall be filled by the Risk Officer. Advisory Council members may be removed by the Risk Officer for cause.
(h) Advisory Council members shall not be compensated in their capacity as Advisory Council members, but shall be reimbursed for reasonable expenses incurred in the necessary performance of their duties.
(i) The Advisory Council shall:
(1) Advise the Risk Officer in the general oversight of the Agency;
(2) Assess the needs and interests of the health centers;
(2A) Assess the needs and interests of the District with respect to procuring insurance through the Agency.
(3) Meet at least on an annual basis, at meetings announced by the Risk Officer.
§ 1–307.86. Approval of plan of operation by Commissioner; annual report to Commissioner; financial examination.
(a) Prior to the offering and issuance of insurance policies, the Agency shall submit to the Commissioner for approval a plan of operation which meets the requirements of § 1-307.87. The Agency shall also submit to the Commissioner for approval any proposed material changes to the plan.
(b) On or before December 15 of each year, the Agency shall submit to the Commissioner, on a form prescribed by the Commissioner by rule, a report of its financial condition, as prepared by a certified public accountant. The Agency shall file a consolidated report on behalf of each of its segregated accounts. The Agency shall use generally accepted accounting principles and include any useful or necessary modifications or adaptations thereof that have been approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, as supplemented by additional information required by the Commissioner.
(c)(1) The Commissioner, or his designee, may visit the Agency at such times as he or she considers necessary to thoroughly inspect and examine the affairs of the Agency to ascertain:
(A) The financial condition of the Agency;
(B) The ability of the Agency to fulfill its obligations; and
(C) Whether the Agency has complied with the provisions of this part and the rules adopted pursuant thereto.
(2) The Commissioner may require the Agency to retain qualified independent legal, financial, and examination services from outside the Department of Insurance, Securities, and Banking to conduct the examination and make recommendations to the Commissioner. The cost of the examination shall be paid by the Agency.
§ 1–307.87. Plan of operation for the Agency.
(a) The captive manager shall submit to the Risk Officer a plan of operation for the Agency that has been approved by the Commissioner and any amendments to the plan necessary or suitable to assure the fair, reasonable, and equitable administration of the Agency.
(b) The plan of operation shall:
(1) Become effective upon approval in writing by the Commissioner and the Risk Officer;
(2) Establish procedures for the operation of the Agency;
(3) Establish procedures for health centers to qualify to purchase medical malpractice insurance from the Agency;
(4) Establish procedures for offering gap coverage for the District’s Federally Qualified Health Centers;
(4A) Repealed.
(5) Establish procedures, under the management of the Risk Officer, for the payment of administrative expenses;
(6) Establish procedures for adjustment and payment of claims made under the policies issued by the Agency, including procedures for administrative review and resolution of disputes arising over such claims;
(7) Establish procedures for tail coverage to health centers purchasing medical malpractice liability coverage through the Agency;
(8) Develop standards for the level of subsidies that shall be provided to health centers to offset premiums due to the Agency;
(9) Establish rules, conditions, and procedures for facilitating the reinsurance of risks of participating health centers;
(10) Establish risk management standards to which the health centers shall adhere and auditing procedures for the compliance of risk management standards by health centers;
(11) Establish underwriting guidelines for policyholders; and
(12) Provide for other matters as may be necessary and proper for the execution of the Risk Officer’s and the captive manager’s respective powers, duties, and obligations under this part.
§ 1–307.88. Annual report to the Mayor and Council.
(a) The Risk Officer shall submit an annual report to the Mayor and the Council.
(b) The report shall be filed within 60 days of the Agency filing the annual report with the Commissioner under § 1-307.86(b).
(c) The report shall summarize the activities of the Agency in the preceding calendar year, including the net earned premiums, health center enrollment in the Agency program, the expense of administration, and the paid and incurred losses.
§ 1–307.89. Liabilities of Risk Officer, captive manager, and Advisory Council.
(a) The Risk Officer, captive manager, and Advisory Council members shall not be liable for any obligations of the Agency.
(b) The Risk Officer, captive manager, and Advisory Council members shall not be liable, or shall any cause of action of any nature arise against them, for any act or omission related to the performance of their powers and duties under this part, unless the act or omission constitutes willful or wanton misconduct.
§ 1–307.90. Coverage.
(a) The Agency shall offer health centers medical malpractice insurance that is consistent with coverage offered in the market.
(b) The insurance policies and coverage offered pursuant to this part shall be established by the Risk Officer with the advice of the Advisory Council and subject to the approval of the Commissioner.
(c) Any policy offered by the Agency shall state that the liability of the Agency shall be limited to the funds in the Captive Trust Fund.
§ 1–307.91. Establishment of the Captive Trust Fund.
(a) There is established as a nonlapsing fund the Captive Trust Fund, which shall be used for the purposes set forth in subsection (b) of this section. All funds deposited in the Fund, and any interest earned thereon, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(b) The Fund shall be used solely to pay for the costs and expenses of the establishment, operation, and administration of the Agency, which costs and expenses shall include:
(1) The hiring of a captive manager and other professionals to manage and administer the day-to-day operations of the Agency;
(2) The hiring of staff, including a general counsel;
(3) The administration of the day-to-day operations of the Agency;
(4) The payment of claims and losses under policies of insurance to be issued by the Agency;
(5) Reimbursement for reasonable expenses incurred by Advisory Council members in the necessary performance of their duties;
(6) The costs of the management, administration, and operation of the Fund; and
(7) Beginning with payments made from the Fund on or after December 1, 2014, the purchase of insurance on behalf of the District of Columbia government.
(c) There shall be deposited into the Fund:
(1) All insurance premiums or other revenues which may be received by the Fund;
(2) All funds received under § 1-307.83(a)(10); and
(3) An amount equal to the unobligated balance of amounts appropriated and allocated by section 2055(18) of the Fiscal Year 2007 Budget Support Act of 2006, effective March 2, 2007 (D.C. Law 16-192; 53 DCR 6899).
(d) The funds in the Fund may be invested in private securities and any other form of investment which is considered appropriate by the Commissioner and the Chief Financial Officer. The Agency shall file each with the Commissioner and the Chief Financial Officer a schedule of the proposed investments of the funds and any material changes thereto.
§ 1–307.91a. Medical Captive Insurance Claims Reserve Fund.
(a) There is established as a special fund the Medical Captive Insurance Claims Reserve Fund, which shall be administered by the Agency in accordance with subsection (c) of this section.
(b) Such amounts as may be appropriated to the Fund shall be deposited in the Fund; provided, that remaining amounts assigned in the FY 2018 balance of the District's General Fund for this purpose shall be deposited in the Fund.
(c) Money in the Fund shall be used for the payment of claims and losses under medical liability policies of insurance issued by the Agency.
(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
§ 1–307.92. Exemption from certain laws.
The Agency shall not be subject to:
(1) Subchapter IX-A of Chapter 2 of Title 2;
(2) Chapter 3A of Title 2; or
§ 1–307.92a. Construction.
Nothing in this part shall be construed to limit or constitute a waiver of the District's sovereign immunity or common-law defenses to claims that may be covered by insurance.
§ 1–307.93. Rules.
The Mayor may issue rules to implement the provisions of this part.
§ 1–307.94. Dissolution of the District of Columbia Free Clinic Captive Insurance Company.
The District of Columbia Free Clinic Captive Insurance Company, an instrumentality established by the District of Columbia Free Clinic Captive Insurance Company Establishment Emergency Act of 2007, effective October 3, 2007 (D.C. Act 17-113; 54 DCR 9977 ), is dissolved. All of its assets (including cash, accounts receivable, reserve funds, real or personal property, and contract and other rights), positions, personnel, and records, and the unexpended balances of appropriations, allocations, and other funds available or to be made available to it, are transferred to the Agency.
§ 1–307.95. Short title.
This part may be cited as the “Captive Insurance Agency Establishment Act of 2008”.
Part E. Payments in Lieu of Taxes.
§ 1–308.01. Definitions.
For the purposes of this part, the term:
(1) “Bonds” means any bonds, notes, or other instruments issued by the District pursuant to § 1-204.90 and secured by payments in lieu of taxes or other security authorized by this part.
(2) “Development costs” means all costs and expenses relating to the development, redevelopment, purchase, acquisition, protection, financing, construction, expansion, reconstruction, restoration, rehabilitation, renovation and repair, and the furnishing, equipping, and operating of a project, including:
(A) The purchase or lease expense for land, structures, real or personal property, rights, rights-of-way, roads, franchises, easements, and interests acquired or used for, or in connection with, the project and costs of demolishing or removing buildings or structures on land so acquired;
(B) Expenses incurred for utility lines, structures, or equipment charges;
(C) Interest prior to, and during, construction, and for a period as may be necessary for the operation of a project;
(D) Provisions for reserves for principal and interest for extensions, enlargements, additions, improvements, and extraordinary repairs and replacements;
(E) Expenses incurred for architectural, engineering, energy efficiency technology, design and consulting, financial, and legal services;
(F) Fees for letters of credit, bond insurance, debt service reserve insurance, surety bonds, or similar credit or liquidity enhancement instruments;
(G) Costs and expenses associated with the conduct and preparation of specification and feasibility studies, plans, surveys, historic structure reports, and estimates of expenses and revenues;
(H) Expenses necessary or incident to issuing Bonds and determining the feasibility and the fiscal impact of financing the acquisition, construction, or development of a project; and
(I) The provision of a proper allowance for contingencies and initial working capital.
(3) “Home Rule Act” means Chapter 2 of Title 1.
(4) “Owner” means, with respect to the PILOT parcel, the owner of a fee simple or a possessory interest.
(5) “Payments in lieu of taxes” or “PILOT” means payments made with respect to a PILOT parcel for a PILOT period in lieu of real property taxes.
(6) “PILOT agreement” means a written agreement between the District and the owner of a PILOT parcel providing for payments in lieu of taxes for the purpose of financing one or more projects or for other authorized uses as provided under this part.
(7) “PILOT parcel” means a tax lot or lots (or a portion thereof) exempt from the payment of real property tax in accordance with the provisions of this part and § 47-1002(29).
(8) “PILOT period” means the period during which a PILOT parcel (or a portion thereof) will be exempt from the payment of real property tax.
§ 1–308.02. PILOT agreements.
(a)(1)(A) Subject to approval by the Council under § 1-308.03(a) or (b), the Mayor may enter into a PILOT agreement for the purpose of financing the development costs of one or more projects which qualify under § 1-204.90. Except as otherwise provided in the PILOT agreement, payments in lieu of taxes made pursuant to the PILOT agreement may be assigned or pledged in connection with the Bonds authorized to be issued under this part.
(B) As an inducement to enter into the PILOT agreement, a portion of the payments in lieu of taxes pursuant to the PILOT agreement may be used in accordance with the terms of the PILOT agreement for any other use which will be deemed to contribute to the health, education, safety, or welfare of, or the creation or preservation of jobs for, residents of the District, or to economic development of the District, including the development, redevelopment, and expansion of business, commerce, housing, or tourism, or the provision of necessary or desirable public infrastructure improvements.
(2) A PILOT agreement pursuant to this subsection shall include:
(A) The description of the PILOT parcel;
(B) The date, or the manner of determining the date, on which the exemption from real property tax for the PILOT parcel shall commence and terminate;
(C) The party who shall be obligated to make payments in lieu of taxes;
(D) The requirement that payments in lieu of taxes shall be paid in accordance with the PILOT agreement;
(E) The project (or projects) to be financed with the proceeds of Bonds;
(F) The terms and conditions of the issuance of the Bonds to finance the project (or projects) and the application of the Bond proceeds, including the conditions which must be satisfied prior to the issuance of the Bonds and the uses and application of the Bond proceeds; and
(G) If a portion of the payments in lieu of taxes pursuant to the PILOT agreement may be used other than for the purpose of financing any project which qualifies under § 1-204.90:
(i) The portion of payments in lieu of taxes which shall secure the Bonds;
(ii) The portion of payments in lieu of taxes shall be applied to the other use; and
(iii) The application of the portion of payments in lieu of taxes set forth in sub-subparagraph (ii) of this subparagraph.
(b)(1) Subject to approval by the Council under § 1-308.03(b), the Mayor may enter into a PILOT agreement for any other use which will be deemed to contribute to the health, education, safety, or welfare of, or the creation or preservation of jobs for, residents of the District, or to economic development of the District, including the development, redevelopment, and expansion of business, commerce, housing, or tourism, or the provision of necessary or desirable public infrastructure improvements.
(2) A PILOT agreement pursuant to this subsection shall include:
(A) The description of the PILOT parcel;
(B) The date, or the manner of determining the date, on which the exemption from real property tax for the PILOT parcel shall commence and terminate;
(C) The party who shall be obligated to make the payments in lieu of taxes;
(D) The requirement that the payments in lieu of taxes shall be paid in accordance with the PILOT agreement; and
(E) The use for which the payments in lieu of taxes shall be applied, including a detailed delineation of the expenditures to be made.
(c) Notwithstanding any of the provisions of this part, a PILOT agreement shall not result in a reduction of the total assessed value of real property subject to taxation under Chapter 8 of Title 47.
(d) A PILOT Agreement shall be an encumbrance upon, and run with, the PILOT Parcel. A memorandum of the PILOT Agreement shall be recorded in the land records of the District.
§ 1–308.03. Approval by the Council.
(a)(1) The issuance of Bonds, including the execution of the PILOT agreement and other financing agreements and documents, under 1-308.02(a)(1)(A) shall be subject to the approval of the Council. The Mayor shall transmit to the Council a proposed resolution to approve the issuance of Bonds, the maximum amount of the Bonds to be issued, and the PILOT agreement for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The proposed resolution shall include:
(A) The terms of the Bonds to be issued;
(B) The terms of the PILOT agreement, including a statement that the proposed form of the PILOT agreement has been transmitted to the Council;
(C)(i) The amount of the payments in lieu of taxes; and
(ii) The amount of the real property taxes which would be paid in the absence of the PILOT agreement if the proposed project (or projects) were completed;
(D) The public benefits to be derived from the project (or projects) to be financed by the Bonds and the likelihood that project (or projects) would be completed in the absence of the approval of the transaction;
(E) If a portion of the payments in lieu of taxes pursuant to the PILOT agreement may be used other than for the purpose of financing a project which qualifies under § 1-204.90, the public benefits to be derived from the use and the likelihood that project would be completed in the absence of the approval of the transaction;
(F)(i) Whether conventional, or alternative forms of, financing are available;
(ii) Whether best efforts have been made to secure conventional, or alternative forms of, financing; and
(iii) Why conventional, or alternative forms of, financing is impracticable or undesirable;
(G) If a project to be financed by the Bonds (which, for the purposes of this paragraph, shall include an ownership interest in property which will benefit from the project to be financed by the Bonds) or other use is to be funded or financed is to be operated or held for profit:
(i) Whether the District will have an ownership interest or profits participation; and
(ii) If the District will not have an ownership interest or profits participation, why an ownership interest or profits participation is impracticable or undesirable; and
(H) A financial analysis prepared by the Office of the Chief Financial Officer, which financial analysis shall consist of the following:
(i) A report delineating the amount of the payments in lieu of taxes, including the amount of the real property taxes which would be paid in the absence of the PILOT agreement, if the proposed project (or projects) were completed;
(ii) The effect of the PILOT Agreement on the total assessed value of real property subject to taxation under Chapter 8 of Title 47; and
(iii) The effect of the PILOT Agreement on the budget and financial plan.
(2) If the Council does not approve or disapprove the transaction within the 60-day review period, the proposed resolution shall be deemed disapproved.
(3) If the proposed terms of the transaction shall change in any material respect, including the terms of the proposed PILOT agreement which was transmitted to the Council, a new proposed resolution which complies with paragraph (1) of this subsection shall be submitted to the Council for approval in accordance with this section.
(b)(1) The execution of the PILOT agreement, and any related agreements and documents, pursuant to § 1-308.02(a)(1)(B) or (b) shall be subject to the approval of the Council by act.
(2) The act shall include the following findings:
(A) The terms of the PILOT agreement, including a statement that the proposed form of the PILOT agreement has been transmitted to the Council;
(B) The terms of any other agreement or document, or any subsidy or assistance which will be provided, in connection with the PILOT agreement or proposed use;
(C)(i) The amount of the payments in lieu of taxes; and
(ii) The amount of the real property taxes which would be paid in the absence of the PILOT agreement if the expenditures for the proposed use were made (and the proposed project (or projects) for which a subsidy or assistance will be received, if any, were completed);
(D) The public benefits to be derived from the proposed use (and any project (or projects) for which a subsidy or assistance will be received) and the likelihood that the proposed project would be completed (and the project (or projects) for which a subsidy or assistance will be received, if any, would be completed) in the absence of the approval of the transaction;
(E)(i) Whether best efforts have been made to secure other means of achieving the proposed use; and
(ii) Why the other means of achieving the proposed use is impracticable or undesirable;
(F) If a proposed use (which, for the purposes of this paragraph, shall an include an ownership interest in property which will benefit from the proposed use (or a project for which a subsidy or assistance will be received, if any)) is to be operated or held for profit:
(i) Whether the District will have an ownership interest or profits participation; and
(ii) If the District will not have an ownership interest or profits participation, why an ownership interest or profits participation is impracticable or undesirable; and
(G) A financial analysis prepared by the Office of the Chief Financial Officer, which financial analysis shall consist of the following:
(i) A report delineating the amount of the payments in lieu of taxes, including the amount of the real property taxes which would be paid in the absence of the PILOT agreement, if the proposed project (or projects) were completed;
(ii) The effect of the PILOT Agreement on the total assessed value of real property subject to taxation under Chapter 8 of Title 47; and
(iii) The effect of the PILOT Agreement on the budget and financial plan.
(3) If the proposed terms of the transaction shall change in any material respect, including the terms of the proposed PILOT agreement which was transmitted to the Council, a new act which complies with paragraph (1) of this subsection shall be required to approve the transaction in accordance with this section.
§ 1–308.04. Payment and collection of payments in lieu of taxes.
(a) The owner of the PILOT parcel shall make the payments in lieu of taxes to the District at the same time and in the same manner as real property taxes under Chapter 8 of Title 47; provided, that in connection with issuance of Bonds, the PILOT may be paid for the benefit of the holders of the Bonds to the bond trustee or other persons as provided in the financing documents for the purposes set forth therein; provided further, that if such provisions are included in the financing documents, the PILOT shall constitute a lien against the property on which the PILOT was assessed to the same extent as a real property tax lien and shall be deemed to be a tax within the meaning of 11 U.S.C. §§ 502(b), 505, and 507(a)(8)(B).
(b) Payments in lieu of taxes shall be subject to the same penalty and interest provisions as unpaid real property tax under the Chapter 8 of Title 47.
(c) A lien for unpaid payments in lieu of taxes, including penalty and interest, shall attach to the PILOT parcel in the same manner and with the same priority as a lien for delinquent real property tax under Chapter 13A of Title 47.
(d) The unpaid payments in lieu of taxes may be collected in accordance with Chapter 13A of Title 47.
§ 1–308.05. Bond authorization.
The issuance of Bonds in accordance with this part is authorized. The aggregate principal amount of Bonds which may be issued under this part shall not exceed $500 million; provided, that the aggregate amount of Bonds that may be allocated to benefit directly projects in the Central Business District, as that term is defined in Chapter 17 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR § 1700 et seq.), shall not exceed $300 million.
§ 1–308.06. Details of Bonds.
(a) Subject to the terms of the resolution authorizing issuance of the Bonds, the Mayor may take any action necessary or appropriate in accordance with this part in connection with the preparation, execution, issuance, sale, delivery, and payment of Bonds, including determinations of:
(1) The final form, content, designation, and terms of the Bonds, including a determination that the Bonds may be issued in certificate or book entry form;
(2) The principal amount of the Bonds to be issued and denominations of the Bonds;
(3) The rate or rates of interest or the method for determining the rate or rates of interest on the Bonds;
(4) The date or dates of issuance, sale, and delivery of, and the payment of interest on the Bonds, and the maturity date or dates of the Bonds;
(5) The terms under which the Bonds may be paid, optionally or mandatorily redeemed, accelerated, tendered, called, or put for redemption, repurchase, or remarketing before their respective stated maturities;
(6) Provisions for the registration, transfer, and exchange of each series of Bonds and the replacement of mutilated, lost, stolen, or destroyed Bonds;
(7) The creation of any reserve fund, sinking fund, or other fund with respect to the Bonds;
(8) The time and place of payment of the Bonds;
(9) Procedures for monitoring the use of the proceeds received from the sale of the Bonds to ensure that they are properly applied to the project and used to accomplish the purposes of this part; and
(10) Actions necessary to qualify the Bonds under blue sky laws of any jurisdiction where the Bonds are marketed.
(b) The Bonds shall contain a legend, which shall provide that the Bonds shall be special obligations of the District, shall be nonrecourse to the District, shall not be a pledge of, and shall not involve, the faith and credit or the taxing power of the District (other than the PILOT or any other security authorized by this part), shall not constitute a debt of the District, and shall not constitute lending of the public credit for private undertakings as prohibited in § 1-206.02(a)(2).
(c) The Bonds shall be executed in the name of the District and on its behalf by the manual or facsimile signature of the Mayor. The Mayor’s execution and delivery of the Bonds shall constitute conclusive evidence of the Mayor’s approval, on behalf of the District, of the final form and content of the same.
(d) The official seal of the District, or facsimile of it, shall be impressed, printed, or otherwise reproduced on the Bonds.
(e) The Bonds may be issued at any time or from time to time in one or more issues and in one of more series.
§ 1–308.07. Security for Bonds.
(a) A series of Bonds may be secured by a trust agreement or trust indenture between the District and a corporate trustee having trust powers, or secured by a loan agreement or other instrument giving power to a corporate trustee by means of which the District may do the following:
(1) Make and enter into any and all covenants and agreements with the trustee or the holders of the Bonds that the District may determine to be necessary or desirable covenants and agreements as to:
(A) The application, investment, deposit, use, and disposition of the proceeds of Bonds and the other monies, securities, and property of the District;
(B) The assignment by the District of its rights in any agreement;
(C) Terms and conditions upon which additional Bonds of the District may be issued;
(D) Providing for the appointment of a trustee to act on behalf of bondholders and abrogating or limiting the rights of the bondholders to appoint a trustee; and
(E) Vesting in a trustee for the benefit of the holders of Bonds, or in the bondholders directly, such rights and remedies as the District shall determine to be necessary or desirable;
(2) Pledge, mortgage or assign monies, agreements, property, or other assets of the District, either presently in hand or to be received in the future, or both;
(3) Provide for bond insurance and letters of credit, or otherwise enhance the credit of and security for the payment of the Bonds; and
(4) Provide for any other matters of like or different character that in any way affect the security for or payment of the Bonds.
(b) The Bonds are declared to be issued for essential public and governmental purposes. The Bonds and the interest thereon and the income therefrom, and all monies pledged or available to pay or secure the payment of the Bonds, shall at all times be exempt from taxation by the District, except for estate, inheritance, and gift taxes.
(c) The District does hereby pledge to and covenant and agree with the holders of any Bonds that, subject to the provisions of the financing documents, the District will not limit or alter the revenues pledged to secure the Bonds or the basis on which such revenues are collected or allocated, will not impair the contractual obligations of the District to fulfill the terms of any agreement made with the holders of the Bonds, will not in any way impair the rights or remedies of the holders, and will not modify in any way, with respect to the Bonds, the exemptions from taxation provided for in this part, until the Bonds, together with interest thereon, with interest on any unpaid installment of interest and all costs and expenses in connection with any suit, action or proceeding by or on behalf of the holders, are fully met and discharged. This pledge and agreement of the District may be included as part of the contract with the holders of any of its Bonds. This subsection shall constitute a contract between the District and the holders of the Bonds authorized by this part. To the extent that any acts or resolutions of the Council may be in conflict with this part, this part shall be controlling.
(d) Consistent with § 1-204.90(a)(4)(B) and, notwithstanding Article 9 of Title 28 [§ 28:9-101 et seq.]:
(1) A pledge made and security interest created in respect of any Bonds or pursuant to any related financing document shall be valid, binding, and perfected from the time the security interest is created, with or without physical delivery of any funds or any property and with or without any further action;
(2) The lien of the pledge shall be valid, binding, and perfected as against all parties having any claim of any kind in tort, contract, or otherwise against the District, whether or not such party has notice; and
(3) The security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to the security interest is recorded or filed.
§ 1–308.08. Default.
If there shall be a default in the payment of the principal of, or interest on, any Bonds of a series after the principal or interest shall become due and payable, whether at maturity or upon call for redemption, or if the District shall fail or refuse to carry out and perform the terms of any agreement with the holders of any of the Bonds, the holders of the Bonds, or the trustee appointed to act on behalf of the holders of the Bonds, may, subject to the provisions of the financing documents, do the following:
(1) By action, writ, or other proceeding, enforce all rights of the holders of the Bonds, including the right to require the District to carry out and perform the terms of any agreement with the holders of the Bonds or its duties under this part;
(2) By action, require the District to account as if it were the trustee of an express trust;
(3) By action, petition to enjoin any acts or things that may be unlawful or in violation of the rights of the holders of the Bonds; and
(4) Declare all the Bonds due and payable, whether or not in advance of maturity and, if all the defaults be made good, annul the declaration and its consequences.
§ 1–308.09. Liability.
(a) The members of the Council, the Mayor, or any person executing Bonds shall not be liable personally on the Bonds by reason of the issuance thereof.
(b) Notwithstanding any other provision of this part, the Bonds shall not be general obligations of the District and shall not be in any way a debt or liability of the District within the meaning of any debt or other limit prescribed by law. The full faith and credit or the general taxing power of the District (other than the PILOT or other security authorized under this part) shall not be pledged to secure the payment of any Bonds.
§ 1–308.10. Prior legislation.
This part shall not adversely affect any actions taken, agreements entered into, pledge of security made, or Bonds issued prior to April 5, 2005.
Part F. Poverty Lawyer Loan Assistance Repayment Program.
§ 1–308.21. Definitions. [Repealed]
Repealed.
§ 1–308.22. Establishment of the District of Columbia Poverty Lawyer Loan Assistance Repayment Program. [Repealed]
Repealed.
§ 1–308.23. Administration of the Program. [Repealed]
Repealed.
§ 1–308.24. Eligibility. [Repealed]
Repealed.
§ 1–308.25. Award of Program loans. [Repealed]
Repealed.
§ 1–308.26. Participant obligations. [Repealed]
Repealed.
§ 1–308.27. Disbursement of loans. [Repealed]
Repealed.
§ 1–308.28. Rules. [Repealed]
Repealed.
§ 1–308.29. Appropriations contingency. [Repealed]
Repealed.
Subchapter V. Advisory Neighborhood Commissions.
Part A. General.
§ 1–309.01. Purpose; definitions.
(a)(1) Section 1-207.38 provides that the Council shall, by act, divide the District of Columbia into neighborhood commission areas and establish, for each such area, an Advisory Neighborhood Commission. Such § 1-207.38 was to be effective only if a majority of the qualified electors voting in the charter referendum voted for the establishment of the Advisory Neighborhood Commissions.
(2) In the charter referendum a majority of the qualified electors did vote to establish such Commissions, and it is the purpose of this part to implement the provisions of § 1-207.38.
(b) Repealed.
(c) For the purposes of this part, the term:
(1) “Board” means the District of Columbia Board of Elections.
(2) “Commission” means Advisory Neighborhood Commission.
(2A) "Commissioner" means a member of an Advisory Neighborhood Commission.
(2B) "Community" means those residents who reside within a Commission area.
(2C) "DCAPA" means the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).
(3) “Emergency” means an action taken to immediately preserve the public peace, health, safety, welfare, or morals pursuant to § 2-505(c).
(4) “Gender identity or expression” shall have the same meaning as provided in § 1-1401.02(12A).
(5) "OANC" means the Office of Advisory Neighborhood Commissions established by § 1-309.15.
§ 1–309.02. Advisory Neighborhood Commission areas.
There are hereby established in the District of Columbia Advisory Neighborhood Commission areas, the boundaries of which shall be as depicted on the maps of the District of Columbia annexed to and made a part of this part.
§ 1–309.03. Single-member districts.
(a) The Council shall, by act, establish single-member districts for each of the neighborhood commission areas in § 1-309.02. Such districts shall be established in a timely manner following the receipt of alternate plans from the ward task forces on Advisory Neighborhood Commissions, established by § 1-1041.01. Each single-member district shall have a population of approximately 2,000 people, and shall be as nearly equal as possible. The boundaries of the single-member districts shall conform to the greatest extent possible with the boundaries of the census blocks which are established by the United States Bureau of the Census. Each advisory neighborhood commission area shall be located to the greatest extent possible within the boundaries of 1 election ward. An advisory neighborhood commission area may be located within 2 election wards if the location results from the limitations of census geography or if the location promotes a rational public policy, including, but not limited to, respect for the natural geography of the District, neighborhood cohesiveness, or the development of compact and contiguous areas. Upon adoption of the act establishing such districts, the Council shall cause a description of the boundaries of each such district to be published in the District of Columbia Register.
(b) The Council shall, by act after public hearing by the Council’s Committee of the Whole, make such adjustments in the boundaries of the Advisory Neighborhood Commission single-member districts and the Advisory Neighborhood Commission areas as are necessary as a result of population shifts and changes. Such adjustments shall be made in a timely manner following the receipt of alternative plans from the ward task forces on Advisory Neighborhood Commissions, established by § 1-1041.01. Any adjustments made less than 180 days prior to a regularly scheduled election shall not be effective for that election.
§ 1–309.04. Advisory Neighborhood Commissions — Petition required; established by resolution.
(a) As soon as possible after October 10, 1975, but in no case later than 5 days after such date, the District of Columbia Board of Elections (hereinafter in this part referred to as the “Board”) shall:
(1) Make available to any resident of an Advisory Neighborhood Commission area copies of petition forms for collecting signatures of registered qualified electors in such area; and
(2) Publish in the District of Columbia Register and in at least 2 newspapers of general circulation in the District of Columbia, the number of registered qualified electors in each Advisory Neighborhood Commission area.
(b) Upon certification by the Board to the Chairman of the Council that 5 percent of the registered qualified electors of an Advisory Neighborhood Commission area have signed a petition calling for the establishment of an Advisory Neighborhood Commission in such area, the Council shall then establish by resolution a nonpartisan elected Advisory Neighborhood Commission for such area, with its members to be elected from the single-member districts established for such area. Nothing in this section shall be construed to permit an individual to sign more than 1 petition for the establishment of an Advisory Neighborhood Commission.
§ 1–309.05. Advisory Neighborhood Commissions — Qualifications of members; nomination by petition.
(a)(1) No person shall be a member of an Advisory Neighborhood Commission unless the person:
(A) Is a registered qualified elector actually residing in the single-member district from which the person was elected;
(B) Has been residing in such district continuously for the 60 days immediately preceding the day on which the person files the nominating petitions as a candidate as such a member;
(C) Holds no other elected public office; and
(D) With the exception of a member representing the single-member district that includes the Central Detention Facility and Correctional Treatment Facility, has not been convicted of a felony committed while serving as a Commissioner.
(2) For the purpose of this subsection, the term “elected public office” means the offices of Mayor, Chairman or member of the Council, member of the State Board of Education, and the Delegate to the House of Representatives.
(b)(1) Candidates for member of an Advisory Neighborhood Commission shall be nominated by a petition:
(A) Prepared and presented to the Board in accordance with regulations of the Board no later than the 90th calendar day before the date of the election in which the person intends to be a candidate; and
(B) Signed by not less than 25 registered qualified electors who are residents of the single-member district from which the candidate seeks election.
(2) Such petitions shall be made available by the Board no later than the 120th calendar day before an election for members of an Advisory Neighborhood Commission.
(3) Petition sheets circulated in support of a candidate shall be filed with the Board in hard copy but may be electronically provided by the:
(A) Board to the candidate;
(B) Candidate to a qualified petition circulator; and
(C) Qualified petition circulator to the candidate.
(4) No signature on a petition sheet shall be invalidated because the signer was also the circulator of the same petition sheet on which the signature appears.
(5)(A) If the election is for a member of an Advisory Neighborhood Commission representing the single-member district containing the Central Detention Facility and Correctional Treatment Facility:
(i) The Board shall develop, and the Department of Corrections shall distribute, lay-friendly educational materials for individuals in the Department of Corrections' care and custody about how to register to vote and how to vote, residency and elections requirements to run for Advisory Neighborhood Commissioner, and the functions of an Advisory Neighborhood Commission; and
(ii) The Department of Corrections shall facilitate the transmission of petition sheets to any candidates who are in its care and custody, petition circulation among the registered qualified electors in its care and custody, and transmission of those petition sheets from candidates in its care and custody to the Board.
(B) No Department of Corrections employee properly exercising their duties pursuant to the requirements of subparagraph (A) of this paragraph shall be found to have committed a violation of the District's Code of Conduct, as defined in § 1-1161.01(7) or Chapter 11B of this title, for so doing.
§ 1–309.06. Advisory Neighborhood Commissions — Election of members; term of office; vacancies; change in residency; resignation; removal.
(a) Following the initial elections of members of Advisory Neighborhood Commissions in November 1976, subsequent elections of such members occurred in November of odd-numbered calendar years through 1981. Beginning in 1984, general elections of members of Advisory Neighborhood Commissions shall take place on the 1st Tuesday after the 1st Monday in November of each even-numbered calendar year.
(b)(1) Each member of an Advisory Neighborhood Commission shall serve for a term of 2 years which shall begin at noon on the 2nd day of January next following the date of election of such member, or at noon on the day after the date the Board certifies the election of such member, whichever is later.
(2) Repealed.
(3) Each member of an Advisory Neighborhood Commission holding office at August 2, 1983, shall continue in office until noon on the 2nd day of January next following the date of the election provided for in paragraph (2) [repealed] of this subsection.
(c) Repealed.
(d)(1) Whenever a vacancy exists in the office of a Commissioner, and the vacancy does not occur within the 6-month period prior to a general election, the vacancy shall be filled pursuant to paragraph (6) of this subsection. No vacancy shall be filled if it occurs within the 6-month period prior to a general election.
(2) For purposes of this section, a vacancy is deemed to exist upon the publication of a notice of the vacancy in the District of Columbia Register.
(3) Within 90 days after the date that the Board declares a vacancy, the members of the Advisory Neighborhood Commission where the vacancy exists shall fill the vacancy pursuant to paragraph (6) of this subsection.
(4) Each person appointed or elected to fill a vacancy shall meet the qualifications set forth in § 1-309.05(a).
(5) Each person appointed or elected to fill a vacancy shall serve until a successor has been certified and sworn in pursuant to subsection (b) of this section.
(6)(A) Within 5 days (excluding Saturdays, Sundays, and legal holidays) after the date that the Board declares a vacancy, the Board shall make available petitions for the purpose of obtaining the signatures of registered qualified electors within the affected single-member district.
(B) If petitions are not obtained by any registered qualified elector within the affected single-member district within 14 working days after the petitions have been made available, the Board shall recertify the vacancy by republishing the notice required by paragraph (2) of this subsection.
(C) Within 21 days after the date that the Board makes the petitions available, persons interested in filling the vacancy shall submit a petition to the Board that contains the signatures of at least 25 registered qualified electors within the affected single-member district. The Board, after a 5-working-day challenge period, shall transmit a list of the names of persons who qualify for membership on the affected Advisory Neighborhood Commission.
(D) If there is only one person qualified to fill the vacancy within the affected single-member district, the vacancy shall be deemed filled by the qualified person and the Board shall certify the filling of the vacancy by publication in the District of Columbia Register.
(E)(i) If the Board transmits a list of qualified candidates containing more than one name, the affected Advisory Neighborhood Commission shall give notice at a public meeting of a time and location, to be determined in consultation with the OANC, at which the qualified registered electors of the affected single-member district shall vote to elect a Commissioner. At the location selected, the affected Advisory Neighborhood Commission, in consultation with the OANC, shall make in-person voting available to qualified registered electors during at least a 4-hour time period. To vote, all qualified registered electors shall display their voter identification card or, alternatively, be listed as a voter in the affected single-member district on the Board's voter registration list. Ballot counting shall be facilitated by at least 2 representatives of the OANC, and the results shall be read aloud at the conclusion of the selected time period by the Chairperson of the Advisory Neighborhood Commission, by such Commissioner as the Chairperson shall designate, or in the event that the Office of the Chairperson is vacant or there are no Commissioners present, by the presiding Commissioner at the next regularly scheduled meeting of the Commission.
(ii) Notwithstanding sub-subparagraph (i) of this subparagraph, if the affected single-member district contains the Central Detention Facility and Correctional Treatment Facility, the affected Advisory Neighborhood Commission, in consultation with the OANC, shall make in-person voting available to qualified registered electors within the single-member district who are not in the care and custody of the Department of Corrections, and the Department of Corrections, in consultation with the affected Advisory Neighborhood Commission and the OANC, shall make voting available to registered qualified electors in its care and custody, including by distributing ballots to registered qualified electors listed as voters in the affected single-member district on the voter registration list provided by the Board, collecting the ballots, and transmitting the ballots for counting and transmission of the results to the OANC and the affected Advisory Neighborhood Commission.
(F) After a vacancy has been filled pursuant to this subsection, the affected Advisory Neighborhood Commission shall transmit to the Board a resolution signed by 2 officers of the Advisory Neighborhood Commission that states the winner of the Advisory Neighborhood Commission single-member district election and requests that the Board declare the vacancy filled. The resolution shall also be sent to the following:
(i) The Council;
(ii) The Mayor; and
(iii) The person appointed or elected by the Commission.
(G) The Board shall certify the filling of the vacancy by publication in the District of Columbia Register.
(e) Any member of an Advisory Neighborhood Commission who ceases to reside in the single-member district from which the member is elected shall be considered to have resigned, and the office shall be declared vacant.
(f)(1) Any member of an Advisory Neighborhood Commission who resigns from the single-member district from which the member is elected shall submit a letter of resignation to the Board of Elections and a copy of the letter to the Council, the Mayor, the Office of Advisory Neighborhood Commissions, the Chairperson of the member’s Advisory Neighborhood Commission, and the Vice Chairperson of the member’s Advisory Neighborhood Commission. The Board of Elections shall then declare the vacancy.
(2) When a vacancy occurs in an Advisory Neighborhood Commission and no letter of resignation is submitted as required by paragraph (1) of this subsection, the respective Advisory Neighborhood Commission shall petition the Board, by a resolution signed by the Chairperson and the secretary of the Advisory Neighborhood Commission, to declare the vacancy based upon its own determination, or upon the receipt of a written allegation that a vacancy has occurred in such Advisory Neighborhood Commission; provided, that such allegation shall include any evidence in support of the allegation. The resolution shall be considered by the Advisory Neighborhood Commission at a special Advisory Neighborhood Commission meeting called for the purpose of considering the vacancy. Prior to the special Advisory Neighborhood Commission meeting, the Advisory Neighborhood Commission shall make a good faith effort to notify, in writing, the Commissioner who is the subject of the resolution. Notice of the meeting shall be sent by certified mail, return receipt requested, to the Commissioner no later than 15 days prior to the meeting, and shall provide that the Commissioner shall have an opportunity to rebut the alleged vacancy. The resolution, accompanied by minutes of the meeting at which the resolution was adopted and a list of those attending the meeting, shall be sent to:
(A) The Board of Elections;
(B) The Council;
(C) The Mayor; and
(D) The Commissioner, whenever the vacancy is due to removal or failure to continue the qualifications for office under § 1-309.05.
(3)(A) Any qualified elector may, within a 10-day period, challenge the validity of the resolution filed under paragraph (2) of this subsection, by a written statement duly signed by the challenger, filed with the Board and specifying concisely the alleged defects in said resolution. A copy of the challenged statement shall be sent by the Board to the Chairperson of the petitioning Advisory Neighborhood Commission.
(B) The Board shall receive evidence in support of and in opposition to the challenge and shall determine the validity of the challenged resolution not more than 30 days after the challenge has been filed. Within 3 days after the announcement of the determination of the Board with respect to the validity of the resolution, either the challenger or the affected single-member district commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination.
(C) The District of Columbia Court of Appeals shall expedite consideration of the determination. The decision of such Court shall be final and not appealable.
(D) If the resolution is found to be valid, then the Board shall declare the vacancy.
(4) Any member of an Advisory Neighborhood Commission may resign prospectively by submitting an irrevocable letter of prospective resignation to the Board, with copies to the Council of the District of Columbia, the Mayor, and the Chairperson of the member’s Advisory Neighborhood Commission. The letter shall be sworn, state that it is irrevocable, and give the date that the resignation shall become effective. The resignation shall become effective not more than 60 days following receipt of the letter by the Board. Upon receipt of such letter the Board shall declare the prospective vacancy and proceed to fill it as provided in subsection (d) of this section.
(5) The Board shall have the authority to declare and certify a vacancy on its own initiative, without regard to paragraphs (1) or (2) of this subsection, when:
(A) The office of a Commissioner remains vacant after a general or special election; or
(B) The Board determines, through its established procedures for the maintenance of the voter registration roll, that a Commissioner is no longer a registered qualified elector actually residing in the single-member district from which the Commissioner was elected.
(g) Repealed.
(h)(1) The Board shall maintain a list of the names, a current telephone number, and home addresses of all members of the Advisory Neighborhood Commissions, and shall share that list on a monthly basis with the OANC established in § 1-309.15.
(2) The Board shall not release the social security numbers of Commissioners.
(3) This list shall be published at least semiannually in the District of Columbia Register. This list shall also be provided by the OANC established in § 1-309.15, to the Alcohol Beverage Control Board, the Historic Preservation Review Board, the Redevelopment Land Agency, the Zoning Commission and the Board of Zoning Adjustment, and to any other District government entity that requests it.
(4) Any change, which may be due to resignation, election, moving, or for any other reason, shall be reported when it occurs by the OANC to the Alcohol Beverage Control Board, the Historic Preservation Review Board, the Redevelopment Land Agency, the Zoning Commission, the Board of Zoning Adjustment, and to any other District government entity that requests it.
§ 1–309.07. Advisory Neighborhood Commissions — Determination of election winners.
The candidate in each single-member district receiving the highest number of votes cast in such election shall be declared the winner, except that in the case of a tie the procedures set forth in § 1-1001.10(c) shall govern.
§ 1–309.08. Boundary changes.
(a) Petitions for changes in the boundaries of an Advisory Neighborhood Commission area or single-member district within any such area may be filed with the Council of the District of Columbia during the month of January of the year in which elections for Advisory Neighborhood Commissions are to be held. Such petitions must be signed by at least 5 percent of the registered qualified electors of such Advisory Neighborhood Commission area.
(b) Upon certification by the Board to the Chairman of the Council that 5 percent of the registered qualified electors of an Advisory Neighborhood Commission have signed such a petition, the Council shall, after public hearing, accept or reject such petition.
(c) The Council shall accept or reject such a petition within 3 months after its receipt.
§ 1–309.09. Conduct of elections.
(a) The Board is authorized to conduct the elections provided for in this part and to adopt, amend, repeal, and enforce such regulations as are deemed necessary to carry out the provisions of this part. The Board shall conduct such elections in the same manner as elections held under subchapter I of Chapter 10 of this title.
(b) For the purposes of this part, the term “registered qualified elector” means a qualified elector, as defined in § 1-1001.02, registered under § 1-1001.07.
§ 1–309.10. Advisory Neighborhood Commissions — Duties and responsibilities; notice; great weight; access to documents; reports; contributions.
(a) Each Advisory Neighborhood Commission (“Commission”) may advise the Council of the District of Columbia, the Mayor and each executive agency, and all independent agencies, boards and commissions of the government of the District of Columbia with respect to all proposed matters of District government policy including, but not limited to, decisions regarding planning, streets, recreation, social services programs, education, health, safety, budget, and sanitation which affect that Commission area.
(b) The executive branch and any independent agency, board, or commission shall give 30-days written notice, excluding Saturdays, Sundays and legal holidays, of: (1) the intent to acquire an interest in real property, either through purchase or lease; or (2) the intent to change the use of property owned or leased by or on behalf of the government; to the OANC, each affected Commission, the Commissioner representing a single-member district affected by said actions, and to each affected Ward Councilmember, except where shorter notice on good cause made and published with the notice may be provided, or in the case of an emergency, and the notice shall be published in the District of Columbia Register. In cases in which the 30-day written notice requirement is not satisfied, notification of such proposed government action or actions to the Commissioner representing the affected single-member district shall be made by mail. The Register shall be made available, without cost, to each Commission. A central record of all such notices shall be held by the Office of Advisory Neighborhood Commissions.
(c)(1)(A) In addition to those notices required in subsection (b) of this section, each agency, board, and commission shall provide to each affected Commission notice of the proposed action as required by subsection (b) of this section before:
(i) The award of any grant funds to a citizen organization or group;
(ii) The transmission to the Council of a proposed revenue bond issuance, comprehensive plan, amendment to a comprehensive plan, or element of a comprehensive plan; or
(iii) The formulation of any final policy decision or guideline with respect to grant applications, requested or proposed zoning changes, variances, public improvements, licenses, or permits affecting the Commission area, the District budget and city goals and priorities, proposed changes in District government service delivery, and the opening of any proposed facility systems.
(B) Each District of Columbia government entity shall maintain a record of the notices sent to each Commission pursuant to subsection (b) of this section.
(1A) All notices transmitted pursuant to this section may be by electronic mail, unless otherwise provided by law, or unless the party to be noticed requests in writing to receive first-class mail notifications. Requests for first-class mail notification under this subsection shall be sent to the OANC, which shall forward the requests to all Advisory Neighborhood Commission Liaisons.
(2)(A) The Alcoholic Beverage Control Board (“ABC Board”) or its designee shall give notice to Advisory Neighborhood Commissions, the Office of Advisory Neighborhood Commissions, the Commission or Commissions representing the area within 600 feet of where the applicant’s establishment is located, and the Commissioner representing an affected single-member district at least 45 calendar days prior to a hearing on applications for issuance or renewal of retailer’s licenses, class A, B, C/R, C/T, C/N, C/H, C/X, D/R, D/T, D/N, D/H, D/X, and consumption licenses for clubs, or for transfer of a license of any of these classes to a different location. The ABC Board or its designee party shall give notice by electronic mail, subject to paragraph (1A) of this subsection, posted not less than 5 calendar days prior to the first day of the 45-calendar-day notice period, and addressed to:
(i) The Commission office, with sufficient copies of the notice for distribution to each Commissioner;
(ii) The Chairperson of the Commission at his or her home address of record; and
(iii) The Commissioner in whose single-member district the establishment is located at his or her home address of record.
(B) In addition, the ABC Board shall provide to each Commission office, on a quarterly basis, a printed list of all Alcohol Beverage Control licenses due to expire in the ensuing 6 months. An Advisory Neighborhood Commission may object to the application in the manner set forth in § 25-115(c) and (e).
(3) The Department of Consumer and Regulatory Affairs shall ensure that each affected Commission, the Commissioner representing the affected single member district, the affected ward Councilmember, and the Office of Advisory Neighborhood Commissions is provided a current list at least twice a month of applications for construction, demolition, raze, and public space permits. The list may be provided by electronic mail, subject to paragraph (1A) of this subsection.
(4) The Office of Zoning shall ensure that each affected Commission, the Commissioner representing the affected single member district, the affected ward Councilmember, and the Office of Advisory Neighborhood Commissions is provided notice of applications, public hearings, proposed actions, and actions on all zoning cases. The notice may be provided by electronic mail, subject to paragraph (1A) of this subsection.
(5) Not Funded.
(d)(1) Each Commission so notified pursuant to subsections (b) and (c) of this section of the proposed District government action or actions shall consider each such action or actions in a meeting with notice given in accordance with § 1-309.11(c) which is open to the public in accordance with § 1-309.11(g). The recommendations of the Commission, if any, shall be in writing and articulate the basis for its decision.
(2) At the close of business of the day after which the notice period concludes as provided in subsection (b) or (c) of this section, the affected District government entity may proceed to make its decision.
(3)(A) The issues and concerns raised in the recommendations of the Commission shall be given great weight during the deliberations by the government entity. Great weight requires acknowledgement of the Commission as the source of the recommendations and explicit reference to each of the Commission’s issues and concerns.
(B) In all cases the government entity is required to articulate its decision in writing. The written rationale of the decision shall articulate with particularity and precision the reasons why the Commission does or does not offer persuasive advice under the circumstances. In so doing, the government entity must articulate specific findings and conclusions with respect to each issue and concern raised by the Commission. Further, the government entity is required to support its position on the record.
(C) The government entity shall promptly send to the Commission and the respective ward Councilmember a copy of its written decision.
(4) Oral testimony shall be followed as if provided in advance in writing as required by paragraph (1) of this subsection when accompanied within 7 days by written documentation approved by the respective Commission, which supports the testimony.
(e) Reserved.
(f) Each Commission may present its views to any federal or District agency.
(g) The Commission shall not have the power to initiate a legal action in the courts of the District of Columbia or in the federal courts, provided that this limitation does not apply to or prohibit any Commissioner from bringing suit as a citizen.
(h)(1) Each Commission may initiate its own proposal for District government action. The District government entity to which the proposal is made shall acknowledge the proposal in writing to the initiating Commission within 10 days of receipt of the proposal and shall issue a status report to the initiating Commission within 60 days of receipt.
(2) Any Commission may hold public hearings on requested or proposed government actions. Commissions may invite public witnesses from any executive or independent entity to testify before the Commission. Within 45 days of the close of the public hearing, the Commission may submit to the Council a report detailing the Commission’s findings and recommendations to be included in any public record of the proposed government action.
(i)(1) Each Commission shall have access to District government officials and to all District government official documents and public data pursuant to § 2-531 et seq. that are material to the exercise of its development of recommendations to the District government.
(2) The Mayor shall provide to all Commissions, at no cost, current zoning and alcohol beverage control regulations, and any other regulations requested in writing by the respective Commission not available electronically, in order for Commissioners to adequately perform their responsibilities.
(j)(1) On or before November 30 of each year, each Commission may file an annual report with the Council and the Mayor for the preceding fiscal year. Such report shall include, but shall not be limited to:
(A) Summaries of important problems perceived by the Commission in order of their priority;
(B) Recommendations for actions to be taken by the District government;
(C) Recommendations for improvements on the operation of the Commissions;
(D) Financial report; and
(E) A Summary of Commission activities.
(2) Minority reports may be filed.
(k) Reserved.
(l) No Commission may solicit or receive funds unless specifically authorized to do so by the Council, except that receipt of individual contributions of $1,000 or less need not be approved by the Council. No person shall make any contribution, nor shall a Commission receive any contribution from any person which, when aggregated with all other contributions received from that person, exceeds $1,000 per calendar year. Each Commission shall file with its quarterly reports to the OANC required pursuant to § 1-309.13(j) details of all contributions received during the relevant period of time.
(m) Each Commission shall monitor complaints of Commission area residents with respect to the delivery of District government services and file comments on same with the appropriate District government entity and the Council.
(n) Each Commission shall develop an annual fiscal year spending plan budget for the upcoming fiscal year within 60 days of notification of the amount of the Commission’s annual allotment. Prior to adoption of the budget at a public meeting, the Commission shall present the budget at a public meeting of the Commission to elicit comments from the residents of the Commission area.
(n-1) By December 1 of each year, each Commission shall publish an annual report or newsletter that summarizes the activities of the Commission in service to the community over the preceding 12 months, including a highlighting of key issues voted upon, comments submitted to District agencies, and issuance of community grants.
(o) Each Commission may, where appropriate, constitute the citizen advisory mechanism required by any federal statute (unless specifically prohibited by federal statute).
(p) Each Commission that adopts recommendations regarding legislation pending before the Council shall forward a copy of the recommendations to the Office of Advisory Neighborhood Commissions (“Office”) and to the Secretary to the Council within 14 days after adoption. The Office shall keep a publicly accessible file of all Commission recommendations submitted pursuant to this subsection.
(q) Not Funded.
§ 1–309.11. Advisory Neighborhood Commissions — Meetings; bylaws governing operation and internal structure; officers; open meetings.
*NOTE: This section includes amendments by temporary legislation that will expire on July 10, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
(a) Reserved.
(b)(1) Each Commission shall meet in public session at regular intervals at least 9 times per year at locations that are designed to reasonably accommodate the residents of the Commission area, depending on the issues to be considered by the Commission. The Commission may declare a quorum and take official action if a majority of single-member district Commissioners of the Commission is present, provided that a majority of the single-member districts have Commissioners on the Commission pursuant to § 1-309.06.
(1A) Repealed.
(1B) If the Commission contains the Central Detention Facility and Correctional Treatment Facility:
(A) A Commissioner on that Commission shall be entitled to call a meeting, remotely participate in that meeting, and vote on matters before the Commission, through a teleconference or other electronic means identified by the Commission for this purpose;
(B) Commissioners in the care and custody of the Department of Corrections in the Central Detention Facility or the Correctional Treatment Facility shall be permitted to participate in meetings and vote on matters before the Commission remotely; and
(C) Commissioners on that Commission who are physically or electronically present shall be counted toward the determination of a quorum.
(1C) Notwithstanding any other provision of law, an Advisory Neighborhood Commissioner may call a meeting and remotely participate in that meeting and vote on matters before the Commission without being physically present through a teleconference or through digital means identified by the Commission for this purpose. Members physically or remotely present shall be counted for determination of a quorum.
(2) To the extent possible, each Commission shall, at its first meeting of the calendar year, adopt a schedule of regular Commission meetings for the remainder of the calendar year. Each Commission shall, at its public meetings, consider and make recommendations on matters before the Commission that may include, but are not limited to, actions or proposed actions of the Council, the Mayor, executive branch agencies, or any independent agency, board, or commission.
(3) Each Commission shall set aside a portion of each public meeting to hear the views of residents within the Commission area and other affected persons on problems or issues of concern within the Commission area and on proposed District government actions that affect the Commission area. Community views shall be adequately considered in positions taken by the Commission. Each Commission shall establish mechanisms to ensure the broadest dissemination of information with respect to Commission meetings, positions, and actions.
(c) Each Commission shall give notice of all meetings or convocations to each Commissioner and residents of the Commission area no less than 7 days prior to the date of such meeting. Shorter notice may be given in the case of an emergency or for other good cause articulated in the notice. Notice of regular and emergency meetings must include, but is not limited to, at least 2 of the following:
(1) Posting written notices in at least 4 conspicuous places in each single-member district within the Commission area;
(2) Publication in a city or community newspaper;
(3) Transmitting or distributing notice to a list of residents and other stakeholders in the community; and
(4) In any other manner approved by the Commission.
(c-1)(1) No fewer than 7 calendar days before any regular monthly public Commission meeting, the Commission shall:
(A) Publish a draft agenda for the meeting via each website the Commission maintains; and
(B) Transmit the draft agenda electronically to the OANC.
(2) The Commission shall retain the right to modify the draft agenda for a public meeting as necessary following publication of the draft agenda; provided, that the Commission shall only discuss or take official action upon an item added to a draft agenda after initial publication pursuant to this subsection upon official approval of the addition of the item to the agenda by the Commission.
(c-2) Any individual or entity whose property or business may be the subject of discussion or official action by a Commission may notify the Commission in writing that the individual or entity wishes to be directly contacted upon the placement of the property or business on a published draft agenda, and of the preferred method of contact. Any Commission so notified shall make a good-faith attempt to contact the notifying individual or entity in a timely manner, using the preferred method of contact specified, upon adding to a published draft agenda any matter directly pertaining to the property or business of the individual or entity.
(d) Each Commission shall establish bylaws governing its operation and internal structure.
(1) These bylaws shall include the following:
(A) The geographic boundaries of the Commission area;
(B) A statement of Commission responsibilities;
(C) Voting procedures;
(D) The establishment of standing and special committees, including provisions for giving public notice of all committee meetings;
(E) The manner of selection of chairpersons and other officers;
(F) Presiding officers;
(G) Procedures for prompt review and action on committee recommendations;
(H) The use of the Commission office and supplies;
(I) Procedures for receipt of, and action upon constituent recommendations at both the single-member district and Commission levels;
(J) Pursuant to § 1-309.13(c), the procedures for the filling of a vacancy in the office of treasurer; and
(K) Transition protocols for officer positions; and
(L) A tiebreaking procedure for Commission officer elections.
(2) Said bylaws shall be consistent with the provisions of this part and other applicable laws and shall be a public document.
(3) An up-to-date copy of each Commission’s bylaws and all amendments thereto shall be filed with the Council and the Office of Advisory Neighborhood Commissions within 30 days of any amendment to the bylaws.
(d-1) No Commission shall be entitled to incorporation, provided that no member of the Commission may be liable for action taken as an elected representative from a single-member district.
(e)(1) Each Commission shall elect from among its members at a public meeting of the Commission held in January of each year, a Chairperson, Vice-Chairperson, Secretary, and Treasurer. Each Commission may also elect any other officers that the Commission deems necessary. For each Commission officer election, the Commission shall nominate a non-Commissioner to count ballots for officer positions.
(1A)(A) The Chairperson shall serve as convener of the Commission and shall chair the Commission meetings.
(B) The Vice-Chairperson shall fulfill the obligations of the Chairperson upon the absence, death, incapacitation, or resignation of the Chairperson.
(C) The Secretary shall ensure that appropriate minutes of Commission meetings are kept and that appropriate notice of Commission meetings is provided in accordance with subsection (c) of this section. The Secretary shall ensure that Commission meeting agendas, minutes, and written recommendations for other government entities are electronically transmitted to the OANC upon their completion.
(D) The Treasurer shall ensure that the responsibilities provided for in § 1-309.13 are fulfilled. No individual may serve as both the Chairperson and Treasurer simultaneously for any Commission.
(E) The views or recommendations of each Commission shall be presented only by its officers, Commissioners, or representatives appointed by the Commission at a public meeting to represent the Commission's views on a particular issue or proposed action.
(2)(A) Removal of any officer shall be undertaken at a special Commission meeting.
(B) A special Commission meeting to remove an officer shall be called if at least one-half of the elected Commissioners request in writing that the Chairperson take such action. After the request is made, the Chairperson shall schedule the meeting to take place within 30 days of receipt of the request.
(C) The Chairperson shall preside over the meeting unless the vote will affect the Chairperson’s own position. In that case, the vice-chairperson shall act as the presiding officer.
(D) Provided a quorum is present at the special Commission meeting called pursuant to subparagraph (B) of this paragraph, the vote of a majority of the Commissioners shall remove the officer from his or her office.
(3) Where not otherwise provided, the procedures of the Commission shall be governed by Robert’s Rules of Order.
(f) Chairmanship of each Commission committee or task force shall be open to any resident of the Commission area. The chairperson of each such committee or task force shall be appointed by the Commission. Each Commission shall make a good faith effort to involve all segments of the Commission population in its deliberations regardless of race, sex, age, voting status, religion, economic status, sexual orientation, or gender identity or expression.
(f-1) Committees and task forces of a Commission shall be advisory only, except that a Commission may officially adopt committee or task force determinations. A Commission shall not delegate official decision-making authority to any committee or task force.
(g) Each Commission, including each committee of a Commission, shall be subject to the open meetings provisions of § 1-207.42. No meeting may be closed to the public unless personnel or legal matters are discussed. Without limiting the scope of § 1-207.42, the following categories of information shall be specifically made available to the public subject to § 2-534:
(1) The names, salaries, title, and dates of employment of all employees of the Commission;
(2) Final decisions of the Commission, including concurring and dissenting opinions;
(3) Information of every kind dealing with the receipt or expenditure of public or other funds by the Commission;
(4) All documents not related to personnel and legal matters;
(5) The minutes of all Commission meetings; and
(6) Reports of the District of Columbia Auditor.
§ 1–309.12. Advisory Neighborhood Commissions — Joint meetings; involvement of neighborhood groups; service area coordinators; service area manager; citizen’s advisory mechanism.
(a) Commissions may meet jointly either formally or informally to deal more effectively with or respond to common issues and concerns. A Commissioner of an individual Commission may represent and participate in a formal joint meeting only after the individual Commission has authorized the participation of the Commission in the joint meeting. For any official action taken in a formal joint meeting, the Commission shall specify in a resolution the scope of any individual Commissioner’s participation. Action taken by individual Commissioners in an informal joint meeting shall follow the general direction of the Commission.
(b) Each Commission may involve representatives of other neighborhood groups in the work of its standing or special committees.
(c) The Mayor shall appoint a service area coordinator for each ward who shall act as the chairperson of the service area committee in that ward and shall coordinate all District government services at the ward level to residents of the ward. The head of each District government department or agency that delivers services at the ward level shall appoint a service area manager who shall oversee the day-to-day operations of the department or agency within the ward and shall represent that department or agency on the service area committee of that ward. The service area coordinators and managers shall work closely with the Commissions in their service area ward and shall provide them with any technical assistance necessary to the performance of their duties and responsibilities.
(d)(1) The Council may assist the individual Commissions in the following areas:
(A) Dispute resolution between the entities of the District government and the individual Commissions to facilitate the advisory process;
(B) Providing the training to Commissioners with respect to the procedures and content of District laws, including, but not limited to, laws governing zoning and licenses to sell alcohol; and
(C) Any other assistance necessary and feasible to enable the Commissions to perform their statutory duties.
(2) The OANC shall provide assistance to the Commissions in the following areas:
(A) Review of quarterly financial reports to ensure compliance with current law;
(B) Monitoring of Commission expenditures and responses to inquiries from individual Commissions on the legality of proposed actual expenditures; and
(C) Training of Chairpersons and treasurers regarding required financial reports and submissions.
(3) The Mayor shall provide assistance to the Commissions in the following areas:
(A) Repealed.
(B) Liaison efforts between the individual Commissions and District government entities to ensure responsiveness to Commission requests and compliance with current law;
(C) Provision of government-owned or leased office space to any requesting Commission pursuant to § 1-309.13(q);
(C-i) Reimbursement of translation and interpretation service costs incurred by a Commission, for residents and Commissioners who require such services in relation to Commission documents or proceedings; provided, that applications for reimbursement under this subparagraph shall be submitted to OANC, using a form prescribed by the Mayor;
(C-ii) Reimbursement to the Commission for the purchase or rental of assistive listening systems, as they are described in the 2010 Americans with Disabilities Act Standards for Accessible Design, Section 706 of Appendix D to 36 C.F.R. Part 1191, for use by hearing-impaired residents or Commissioners at Commission proceedings; provided, that applications for reimbursement under this subparagraph shall be submitted to OANC, using a form prescribed by the Mayor;
(D) Within 180 days of June 27, 2000, issue regulations to provide parking privileges for Commissioners while on official business; and
(E) Any other assistance necessary to ensure that a Commission is able to perform its statutory duties.
(4) The Office of the Attorney General for the District of Columbia shall provide legal interpretations of statutes concerning or affecting the Commissions, or of issues or concerns affecting the Commissions. These interpretations may be requested directly by any Commission or by the OANC.
(5) Within 180 days after April 7, 2017, the Mayor shall provide the following:
(A) An email address for each Commission Chairperson, including the word "chair" and the single-member district alphanumeric designation, correspondence to which shall automatically be directed to the government-provided single-member district email address of the Commission Chairperson.
(B) An online Advisory Neighborhood Commissions Portal ("ANC Portal") where District agencies, boards, and commissions may post notices and documentation, Commissioners may post questions and comments, and agencies may respond to questions and comments posted by Commissioners. All content uploaded to the ANC Portal shall be accessible for viewing by the general public. Communications between government entities and Commissioners via the ANC Portal shall not be considered sufficient for meeting the requirements of § 1-309.10.
(6) The District of Columbia Office of Open Government ("OOG") shall develop a training program and materials on the requirements of subchapter II of Chapter 5 of Title 2 ("FOIA") with respect to Advisory Neighborhood Commissions. The OOG shall coordinate with the OANC to include OOG-developed FOIA training materials in Commissioner training sessions provided by the OANC. OOG shall also provide a training session at least twice per calendar year on Commission obligations under FOIA, to which all Commissioners shall be invited.
(e) Whenever a District government entity is required to establish a citizen’s advisory mechanism, appointments to that mechanism shall be made in such a manner as to ensure as far as possible the equal representation on the mechanism of each electoral ward, provided that, members of the advisory mechanism possess skills relevant to the tasks for which the advisory mechanism was established and, in the event that the size of the advisory mechanism requires the appointment of more than one person per ward, ward appointments shall be made in such a manner so as to ensure as far as possible a fair representation of each Commission area.
(f)(1) Each executive and independent agency, board, and commission of the District shall assign an individual to act as an Advisory Neighborhood Commission Liaison who shall serve as a designated contact for all Commissioners conducting official business with the government entity. The duties of the Advisory Neighborhood Commission Liaison shall include transmitting notice to Commissions pursuant to § 1-309.10 for any action that the government entity has determined to require notice under § 1-309.10, acknowledging receipt of Commission-approved comments submitted pursuant to § 1-309.10(d), and forwarding the Commission comments to the appropriate staff.
(2) The OANC shall maintain a list of Advisory Neighborhood Commission Liaisons.
(3) The Mayor shall transmit to each Commission and the OANC the e-mail and telephone contact information for any newly designated Advisory Neighborhood Commission Liaison within 5 business days of the designation.
(g) The Mayor shall provide informational materials to all newly hired or promoted District supervisory employees of the executive branch on the role of Advisory Neighborhood Commissions, and on their relationship to other government entities with which they interact. The materials shall cover the responsibilities of District agencies under § 1-309.10.
(h) The OANC shall hold biannual training sessions on the responsibilities of District agencies with respect to Advisory Neighborhood Commissions, including those responsibilities under § 1-309.10. The OANC shall invite the director or highest-ranking officer of each District government agency, board, or commission, or his or her designee, to attend the training.
§ 1–309.13. Advisory Neighborhood Commissions — Funds; audit of accounts; employees; financial reports; publications.
(a) Each Commission shall receive an annual allocation pursuant to § 1-207.38 to be distributed quarterly during the fiscal year, except that if the District’s appropriations act for the fiscal year has not become effective at the beginning of the fiscal year, each Commission shall receive its first quarterly allocation for the fiscal year if and when a continuing resolution is adopted by the Congress of the United States.
(b)(1) Each Commission shall by resolution designate a commercial bank, savings and loan association, credit union, or any combination thereof, which is insured by the government of the United States pursuant to 12 U.S.C. § 1811 et seq. and which is located within the District of Columbia, as a depository of all funds received by the Commission.
(2) Each Commission shall request a District of Columbia Tax Identification Number and include the phrase “District of Columbia Government” in each account name within 90 days after June 27, 2000.
(3) Each Commission shall establish no more than one checking or negotiable order of withdrawal account. The Commission may deposit into any savings account created pursuant to this section funds not immediately needed for the operation of the Commission.
(b-1)(1) Each Commission may obtain one debit card associated with the Commission's checking account.
(2) Each Commission that obtains a debit card shall do so according to a procedure determined by the OANC that limits monthly debit card expenditures relative to the Commission's quarterly allotment.
(c) The treasurer of each Commission shall file with the Office of the District of Columbia Auditor (“Auditor”), within 30 days of assuming the office of treasurer or within 30 days of any change in the requested information, on a form provided by the Auditor, a statement that includes the treasurer’s name, home and business address and telephone number, the location of the books and records of the Commission and the name and location of any depository of the Commission’s funds, including account numbers. The treasurer and Chairperson shall file with the Auditor and maintain in force during their occupancy of their respective offices, a cash or surety bond in an amount and on a form satisfactory to the Auditor. Participation by a Commission in the Advisory Neighborhood Commission Security Fund established by § 1-309.14 shall satisfy the requirement of a cash or surety bond. The bylaws adopted by each Commission shall include a provision for filling in a timely manner a vacancy in the office of treasurer from among the remaining Commissioners. No expenditure shall be made by a Commission during a vacancy in the office of treasurer or at any time when a current and accurate statement and bond or its equivalent are not on file with the Auditor.
(c-1) The treasurer of each Commission shall maintain an up-to-date treasurer's report that shall be available for any Commissioner or member of the public to review at each regular public Commission meeting.
(d)(1) The Auditor shall audit the financial accounts of selected Commissions and maintain a database of financial information of each Commission for historical and expenditure trend analysis. The Auditor shall produce and submit to the Council a consolidated annual report of the financial activity of all the Commissions.
(2) The Auditor may audit the financial accounts of a Commission, at the discretion of the Auditor, upon the request by a member of the Council or a Commissioner of the Commission for which an audit is requested. The findings and recommendations of any audit shall be forwarded to the affected Commission, the Council, the Mayor, the Office of Advisory Neighborhood Commissions, the Office of the Inspector General, the Office of the Attorney General for the District of Columbia, and any other law enforcement agency with jurisdiction over alleged improper conduct.
(3) In a case in which an Auditor’s report details a violation of this part, the affected Commission shall, within 90 days, provide in writing to the Auditor, its response to each of the alleged infractions. If the audited Commission fails to respond within 90 days, its next scheduled quarterly allotments shall be forfeited until the response has been filed.
(e) Each Commission shall, by resolution, designate the location at which the Commission’s books and records shall be maintained which shall, if the Commission has a regular office, be the Commission office. The Auditor shall have access to the books and records of each Commission pursuant to § 1-204.55(c), and may issue subpoenas to banking and financial institutions requiring the production of financial documents and statements pursuant to an audit conducted under this part. Such financial documents shall include, but not be limited to, bank statements, canceled checks, and signature cards. The Auditor may apply to the Superior Court of the District of Columbia for an order enforcing the subpoena. Any failure to obey the order of the court may be punished by the Superior Court as civil contempt.
(f)(1) Any expenditure of funds by a Commission shall be recorded by the treasurer in the Commission’s books of accounts. No expenditure of any amount shall be made without the specific authorization of the Commission, except for reimbursements approved by the Commission treasurer under subsection (l-1) of this section. The depository in which the Commission maintains a checking account shall be immediately notified of any change in Commission officers.
(2)(A) An expenditure made by check shall:
(i) Be signed by at least 2 officers of the Commission, one of whom shall be the treasurer or Chairperson;
(ii) Be pre-numbered;
(iii) Be issued in consecutive order; and
(iv) Bear the name of the Commission and “District of Columbia Government” on its face.
(B) Before signature, the check shall contain:
(i) The date of payment;
(ii) The name of the payee;
(iii) The amount of the payment; and
(iv) A note describing the purpose of the payment.
(C) No check may be made payable to cash.
(2A)(A) An expenditure made by debit card shall be:
(i) Made in the name of the Commission;
(ii) Authorized by at least 2 officers of the Commission, one of whom shall be the Treasurer or Chairperson; and
[(iii)] Conducted according to a procedure determined by the OANC.
(B) The Treasurer shall retain written documentation of authorizations, which shall bear the signatures of the 2 officers who authorized the expenditure pursuant to subparagraph (A)(ii) of this paragraph.
(3) A Commission may provide reimbursement for an authorized purchase made with a personal credit card, debit card, or cashier’s check that is documented with a receipt, a copy of which shall be submitted to the Commission.
(g) Disbursements of Commission funds exceeding $50 for personal service expenditures shall be specifically approved by the Commission at a public meeting prior to the disbursement. The approval shall be recorded in the minutes of the Commission meeting. Any personal services payment shall name the person who is to receive the payments, the rate of compensation, and the maximum hours of service, if less than full-time compensation. If an expenditure is made without the required authorization of the Commission, the expenditure shall be deemed to be a personal expense of the Commissioner who authorized the payment, unless the Commission subsequently approves the expenditure within 90 days. If the Commission fails to approve the expense within 90 days, the Office of the Attorney General for the District of Columbia, upon notification by the OANC, shall institute any actions necessary to recover Commission funds.
(h) Each Commission may establish a petty cash fund not to exceed $200 at any one time in accordance with procedures established for imprest funds by the D.C. Controller. The fund shall be reimbursed by the treasurer upon presentation of appropriate supporting documents. The treasurer may disburse to another Commissioner or employee of the Commission an amount not in excess of $200 for authorized Commission expenditures through a Commission-established petty cash fund. A record of disbursements from the petty cash fund shall be kept by the treasurer in a manner consistent with other accounts of the Commission.
(i) A Commission shall maintain its accounts on a fiscal year basis beginning October 1 and ending the following September 30.
(j)(1) The treasurer of a Commission shall prepare a quarterly financial report on a form provided by the OANC. The financial report shall be presented to the Commission for its consideration at a Commission meeting within 45 days after the end of the quarter. A copy of the approved financial report, signed by the Chairperson, the secretary, and the treasurer, shall be filed, along with a record of the vote adopting the report, with the OANC within 15 days of approval. Each quarterly report shall include copies of canceled checks, bank statements, grant request letters and grant disbursements, invoices and receipts, executed contracts, details about all contributions received during the time period covered by the quarterly report, the minutes of all meetings indicating the Commission’s approval of disbursements during the time period covered by the quarterly report, and certification of the Commission’s approval of the quarterly report signed by the Commission’s Secretary. The Commission shall make available for on-site review to the OANC, upon the OANC’s request, originals of documents required to be submitted with quarterly financial reports pursuant to this section. A financial report shall be available for public inspection during the normal office hours of the Commission.
(2) No quarterly allotment shall be forwarded to a Commission until all reports of financial activity for the quarters preceding the immediate previous quarter are approved by the OANC. If a Commission fails to file 3 consecutive quarterly reports that meet the requirements of paragraph (1) of this subsection, it shall relinquish its checkbook and access to its debit card to the OANC, whose permission will be needed for any expenditure made by check or debit card until the Commission files the required financial reports. Upon receiving and approving all outstanding quarterly financial reports from the Commission, the OANC shall immediately return the checkbook and access to the debit card to the Commission. The Mayor, upon the request of the OANC, may issue official instructions to any pertinent banking institution to freeze accounts held by a Commission that has not complied with this paragraph.
(3)(A)(i) If a Commission has failed to timely file 2 or more quarterly reports approved by the OANC, the Commission shall forfeit the allotments associated with the most recent untimely quarterly report and shall forfeit additional allotments until the Commission files the required reports.
(ii) If a Commission had not received a quarterly allotment by the last day of the fiscal year because it failed to file a quarterly allotment approved by the OANC, the Commission shall forfeit the unclaimed allotment or allotments.
(iii) All funds forfeited pursuant to this paragraph shall be deposited in the Advisory Neighborhood Commissions Technical Support and Assistance Fund established in § 1-309.13a.
(B) Sub-subparagraph (i) of subparagraph (A) of this paragraph shall not apply to the failure to file quarterly reports covering periods prior to the 2020 fiscal year.
(k) Reserved.
(l)(1) A Commission shall expend funds received through the annual allocation received pursuant to subsection (a) of this section, or other donated funds, for public purposes within the Commission area or for the functioning of the Commission office, including staff salaries, Commissioner training, property liability insurance, legal expenses for Commission representation by an attorney licensed in the District before an agency, board, or commission of the District government, and nominal refreshments at Commission meetings. Nominal refreshments shall be limited to $100 worth of food and nonalcoholic beverages per regular public Commission meeting, and any refreshments purchased shall be available to the public. Expenditures may be in the form of grants by the Commission for public purposes within the Commission area pursuant to subsection (m) of this section. A public purpose shall be a purpose that benefits the community as a whole and is not done for the primary purpose of benefitting a private entity. A Commission may expend its funds for Commissioner training on subjects pertaining to their official duties when such training is not available from government sources. A Commission may expend its funds to purchase insurance or obtain indemnification against any loss in connection with the assets of the Commission or any liability in connection with the activities of the Commission, such insurance or indemnification to be purchased or obtained in such amounts and from such sources as the Commission deems to be appropriate. Funds may be used to pay the local transportation expenses of a Commissioner if the Commissioner is officially representing the Commission or a committee of the Commission at public hearings or meetings or is engaged in official Commission business. Where a Commissioner submits a complete and valid application for reimbursement for travel or childcare expenses under subsection (l-1) of this section, a Commission shall reimburse that Commissioner for all requested expenses for which the Commissioner qualifies under subsection (l-1) [of this section].
(2) No Commission may expend funds except as authorized under this part. Prohibited expenditures include those for any purpose that involves partisan political activity, legal expenses other than for Commission representation before an agency, board, or commission of the District government, or travel outside of the Washington metropolitan area.
(3) Commissions shall use staff payroll forms provided by the OANC.
(l-1)(1) A Commission shall expend funds to reimburse any Commissioner who submits a complete application for reimbursement from the Commission allotment for qualifying travel or childcare expenses incurred to carry out qualifying official duties of the Commissioner in accordance with this subsection; provided, that the maximum total reimbursement that any individual Commissioner may receive under this subsection in a single calendar year shall be $500.
(2) An application for reimbursement shall be completed using a form created by the OANC, which shall be available to individual Commissioners upon request, and which shall indicate any attachments required to demonstrate that the expense qualifies under this subsection. A Commission Treasurer shall not approve the release of Commission funds under this subsection except where the application for reimbursement meets all requirements under this subsection. To qualify for reimbursement under this subsection, a Commissioner shall submit an application within 30 days of incurring the relevant expense. Upon approving an application for reimbursement under this subsection, the Commission Treasurer shall electronically transmit the application to the OANC, which shall maintain electronic copies of all applications. The Commission Treasurer shall ensure that applications submitted under this subsection are included in quarterly financial reports of the Commission prepared pursuant to subsection (j) of this section.
(3) For the purposes of this subsection, the term:
(A) "Qualifying official duties" shall be limited to the following:
(i) Attending regular and special public meetings of the Commission on which the Commissioner sits;
(ii) Delivering official testimony on behalf of the Commission as a whole, or a committee of the Commission at an official proceeding of any agency, board, or commission within the District government that receives public testimony, or before the Council;
(iii) Attending meetings of a Commission committee on which the Commissioner sits;
(iv) Traveling to and from the offices of government entities in order to participate in meetings on behalf of the Commission; and
(v) Attending training provided under this part.
(B) "Qualifying travel or childcare expenses" shall be limited to the following, to the extent they are incurred to perform qualifying official duties under this subsection:
(i) Expenses for public transportation provided by the Washington Metropolitan Area Transit Authority; and
(ii) Expenses charged to the Commissioner for childcare services that comply with all licensing requirements of the Office of the State Superintendent of Education.
(4) Notwithstanding this subsection, the OANC may approve Commission reimbursements to Commissioners for local transportation expenses, other than qualifying travel expenses, pursuant to subsection (l)(1) of this section.
(m)(1) A grant may not be awarded unless the grant is awarded pursuant to a vote of the Commission at a public meeting following the public presentation of the grant request. A Commission may approve grants only to organizations that are public in nature and benefit persons who reside or work within the Commission area. The services provided by the grantee organization must not be duplicative of any that are already performed by the District government.
(2) An applicant for a grant shall submit an application in writing to the Commission and to the OANC. The application shall be in the form of a template designed by the OANC, and shall contain:
(A) A description of the proposed project for which the grant is requested;
(B) A statement of expected public benefits;
(C) The total cost of the proposed project, including other sources of funding, if any; and
(D) An accounting by the grantees of the expected overhead costs the grantees will incur in carrying out the grant. No Commission shall provide a grant for which the grantee estimates that the overhead costs would exceed 15% of the entire grant amount.
(3) Within 60 days following the issuance of a grant, and every 90 days thereafter during the life of the grant, the grant recipient shall forward to the Commission and the OANC a statement as to the use of the funds consistent with the grant application, complete with receipts that support the expenditures. The OANC:
(A) May prohibit all Commissions from providing a grant to any past grant recipient that used grant funds contrary to the associated grant agreement; and
(B) Shall maintain a list, available to any Commissioner upon request, of prohibited grantees identified pursuant to subparagraph (A) of this paragraph.
(4) Grant disbursements shall be included in quarterly financial reports submitted to the OANC.
(n) The Mayor may, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(o) A Commission may employ any person necessary to provide administrative support to the Commission. A Commission shall establish position descriptions for employees that shall, at a minimum, broadly identify the qualifications and duties of the employees. A Commission employee shall serve at the pleasure of the Commission. An employee of the Commission shall be considered an employee of the District of Columbia government for the purposes of subchapters XXI, XXII, and XXIII of Chapter 6 of Title 1. Except for out of pocket expenses approved by the Commission, Commissioners shall not be compensated for personal services rendered on behalf of the Commission.
(p) Any Commissioner within an individual Commission shall have equal access to the Commission office and its records in order to carry out Commission duties and responsibilities. Moreover, any person has a right to inspect, and at his or her discretion, to copy any public record of the Commission, except as otherwise expressly provided by § 2-534, in accordance with reasonable procedures that shall be issued by the Commission after notice and comment concerning the time and place of access.
(q) Upon the request of a Commission, evidenced by a properly adopted resolution signed or transmitted by the Chairperson and secretary, the Mayor shall provide that Commission with suitable office space in a District-owned or leased building. The Mayor shall acknowledge receipt of the resolution within 15 days and shall provide the Commission with a list of available office space within 45 days thereafter. The space shall be a minimum of 250 square feet and shall be the sole office of the Commission. The space shall be located within the Commission’s boundaries. If no such space is available, then the space shall be located within the ward boundaries of the Commission. If District-owned or leased office space cannot be provided, the Mayor shall assist the Commission in locating appropriate office space in the ward in which the Commission is located, and may seek to reprogram funds up to $600 per month to cover the rental of office space for the respective Commission. Furnishings, equipment, telephone service, and supplies for the office space shall be provided from the Commission’s funds. There shall be a written lease between the Mayor or District agency and the Commission, which shall specify what operating costs, such as utilities, janitorial services, and security, shall be paid by the Commission.
(r) Any document created by requirement of this part, and any equipment purchased by, or on behalf of, a Commission, is the property of the District, and not the property of any Commissioner or other individual.
(s) Commissioners shall attend at least one training session per year conducted by the OANC pursuant to § 1-309.15(c)(5).
(t) For the purposes of this section, the term "debit card" means a card issued by a bank allowing the cardholder to draw funds from a specific account, established at that bank, that does not allow for any funds to be borrowed from the issuing bank.
§ 1–309.13a. Advisory Neighborhood Commissions Technical Support and Assistance Fund.
(a) There is established as a special fund the Advisory Neighborhood Commissions Technical Support and Assistance Fund ("Fund"), which shall be administered by the Office of Advisory Neighborhood Commissions in accordance with subsection (c) of this section.
(b) Money from the following sources shall be deposited in the Fund:
(1) Such amounts as may be appropriated to the Fund; and
(2) Any amounts allocated to Advisory Neighborhood Commissions pursuant to § 1-207.38(e) that are forfeited pursuant to § 1-309.13(d)(3) or (j)(3) or unclaimed by the last day of the fiscal year.
(c) Money in the Fund shall be used by the OANC to provide services and supports to Advisory Neighborhood Commissions, which may include:
(1) Planning, development, or procurement of a mobile or computer application to assist Advisory Neighborhood Commissioners with outreach and engagement with their constituents;
(2) Supplementing any funding allocated for communications access services, including sign language interpretation, computer-aided real-time transcription, and other services and supports, for Advisory Neighborhood Commissions; provided, that the funding allocated for this purpose proves insufficient;
(3) Ensuring that Advisory Neighborhood Commissions have access to remote meeting technologies necessary for their operations;
(4) Providing or procuring audio-visual technology and services to support Advisory Neighborhood Commissions;
(5) Providing or procuring printing services for Advisory Neighborhood Commissions; and
(6) Providing or procuring website assistance for Advisory Neighborhood Commissions.
(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
§ 1–309.14. Advisory Neighborhood Commission Security Fund.
(a) There is established, for the purpose of insuring Advisory Neighborhood Commissions against unauthorized expenditures or loss of funds, an Advisory Neighborhood Commission Security Fund (“Fund”) to be held in the custody of a Board of Trustees (“Trustees”) composed of the Secretary of the District of Columbia, the General Counsel to the Council of the District of Columbia, and the District of Columbia Auditor. The Executive Director of the Office of Advisory Neighborhood Commissions shall serve as a non-voting Trustee. The Trustees shall have exclusive authority and discretion in its fiduciary capacity to manage and control the Fund. The Fund shall not be held liable for any loss as the result of an expenditure authorized by a vote of a Commission.
(b) Each Advisory Neighborhood Commission may become a participant of the Fund upon payment to the Fund of an annual contribution at the beginning of the fiscal year in an amount to be determined by the Trustees. A Commission shall be eligible to participate in the Fund if the treasurer and the Chairperson of the Commission agree, on a form to be provided by the Trustees, to be personally liable to the Fund for any sum paid out by the Fund as a result of the treasurer or Chairperson’s wrongful misappropriation or loss of Commission monies.
(c) If, in any fiscal year, the Trustees determine that there are sufficient assets in the Fund to cover reasonably expected losses, the Trustees may waive or delay monetary contributions for any Commission that made a contribution in the most recent fiscal year for which the Fund required a contribution.
(d) If a participating Commission suffers a monetary loss that may be reimbursed by the Fund, the Commission may request reimbursement upon a written application form provided by the Trustees. The application form shall be signed by a majority of the members of the participating Commission on a form provided by the Trustees. The Trustees shall consider the request at a public meeting held in accordance with § 1-207.42. Notice of the meeting shall be published in the District of Columbia Register no later than 30 days prior to the meeting and shall be sent by registered mail to the Chairperson of the Commission and the treasurer of the Commission at the time that the loss was incurred.
(e) Assets of the Fund shall be held in an interest bearing account located in the District of Columbia.
(f) The Fund shall publish an annual financial report in the District of Columbia Register no later than 90 days after the end of each fiscal year.
§ 1–309.15. Office of Advisory Neighborhood Commissions; appointment of Executive Director.
(a) There is hereby established an Office of Advisory Neighborhood Commissions to provide technical, administrative, and financial reporting assistance to the Advisory Neighborhood Commissions. Subject to appropriations beginning in Fiscal Year 2001, the OANC shall be funded by an annual budget allocation. The OANC is intended to support the efforts of Advisory Neighborhood Commissions, review Commission quarterly financial reports, and approve or disapprove the release of Commission quarterly allotments pursuant to § 1-309.13.
(b) The OANC shall be headed by an Executive Director who shall be appointed by the Council.
(c) The duties of the OANC shall include:
(1) Developing and implementing new programming and services to assist Commissioners in serving District residents;
(2) Responding to requests from Commissioners in a timely manner and acting upon those requests in a timely manner;
(3) Organizing and overseeing a task force of Commissioners every 2 years, charged with assisting the OANC in updating the ANC Handbook;
(4) Coordinating with the Office of Open Government ("OOG") to maintain and improve public transparency, including coordinating with OOG to assist Commissions in fulfilling Freedom of Information Act ("FOIA") requests;
(5) Developing and directing no fewer than 2 training sessions for Commissioners per year, one of which shall take place no later than January 31 of each year, which shall include information on the statutory mandates and responsibilities of Commissions, Robert's Rules of Order, conflict resolution, and any training or informational material provided by OOG concerning Commission duties related to FOIA;
(6) Creating, updating, and distributing to all Commissions templates for bylaws;
(7) Creating and updating templates for staff payroll forms, grant applications, and expense reimbursement applications, and distributing those templates to all Commissions;
(8) Increasing public awareness of the work of the Advisory Neighborhood Commissions;
(9) Providing Commissioners with technical assistance related to government email accounts;
(10) Creating a standard Advisory Neighborhood Commissions logo that Commissions may use on official documents and materials;
(11) Serving as the primary source of advice for Commissioners with respect to their official statutory responsibilities;
(12) Providing electronic or in-person briefings, as requested by a Commission, on legislation under review by the Council, using OANC personnel or through coordination with Council staff, as necessary;
(13) Advising Commissions on judicial and administrative decisions particularly affecting Commission duties or activities, and seeking advice from the Office of the Attorney General for the District of Columbia on behalf of Commissions, where necessary and appropriate;
(14) Advocating on behalf of Commissions with respect to District agencies;
(15) Providing technical assistance, as needed, to Councilmembers, and committees and staff of the Council with respect to Commission matters;
(16) Reviewing Commission quarterly financial reports, and approving or disapproving the release of Commission quarterly allotments pursuant to § 1-309.13;
(17) Advising Commissioners on issues including zoning, planning, design, development, and negotiations related to Planned Unit Developments as defined in 11-B DCMR § 100.2, or successor regulations;
(18) Coordinating with other agencies to provide training and guidance on zoning, planning, and development issues to Commissions upon request;
(19) Providing resources, analyses, and support to Commissions upon request, subject to availability, to support their work on issues including zoning, development, and negotiations on Planned United Developments as defined in 11-B DCMR § 119.1; and[ ]
(20) Maintaining a publicly accessible database of all community benefit agreements negotiated by Commissions and concluded after October 1, 2022.
(d) Funds may be transferred from the OANC through an intra-District transfer for the operations of the OANC.
(e) The OANC may issue rules to implement the provisions of this section.
Part B. Additional Period for Circulation of Petitions.
§ 1–309.31. Definitions. [Repealed]
Repealed.
§ 1–309.32. Supplementary petitions.
(a) As soon as possible after June 19, 1976, but in no case more than 5 days after such date, the Board shall:
(1) Make available to any resident of a Commission area copies of petition forms for collecting signatures of registered qualified electors in such area; and
(2) Publish in the District of Columbia Register, and post in conspicuous places in each Commission area, the number of registered qualified electors in such Commission area.
(b) Upon certification by the Board to the Chairman of the Council that 5 percent of the registered qualified electors of a Commission area have signed a petition calling for the establishment of an Advisory Neighborhood Commission in such area, the Council shall then establish, by resolution, a nonpartisan elected Advisory Neighborhood Commission for such Commission area, with its members to be elected from the single-member districts established for such Commission area. Nothing in this section shall be construed to permit an individual to sign more than 1 petition for the establishment of an Advisory Neighborhood Commission.
§ 1–309.33. Qualifications of members.
Members of the Advisory Neighborhood Commissions which are established pursuant to the provisions of this part shall:
(1) Be nominated in the manner prescribed in § 1-309.05(b); and
(2) Have those qualifications specified in § 1-309.05(a).
§ 1–309.34. Election of members; term of office; vacancies; change in residency.
(a) Following the initial elections of members of Advisory Neighborhood Commissions in November 1976, subsequent elections of such members occurred in November of odd-numbered calendar years through 1981. Beginning in 1984, general elections of members of Advisory Neighborhood Commissions shall take place on the 1st Tuesday after the 1st Monday in November of each even-numbered calendar year.
(b)(1) Each member of an Advisory Neighborhood Commission shall serve for a term of 2 years which shall begin at noon on the 2nd day of January next following the date of election of such member, or at noon on the day after the date the Board certifies the election of such member, whichever is later.
(2) Repealed.
(3) Each member of an Advisory Neighborhood Commission holding office on August 2, 1983, shall continue in office until noon on the 2nd day of January next following the date of the election provided for in paragraph (2) [repealed] of this subsection.
(c) The provisions of subsections (c) [repealed], (d), and (e) of § 1-309.06 shall apply to members elected to such Advisory Neighborhood Commissions.
§ 1–309.35. Applicability of other provisions of law.
Except to the extent specifically provided in this part, those provisions of the Advisory Neighborhood Commissions Act of 1975, including the amendments made by that Act, and all other provisions of law relating to Advisory Neighborhood Commissions, shall apply to the Advisory Neighborhood Commissions established pursuant to the provisions of this part.
§ 1–309.36. Regulations.
The Board is authorized to adopt, amend, repeal, and enforce such regulations as are necessary to carry out the provisions of this part, and is further directed to take such steps as are necessary to ensure that the election provided for under this part is held in an efficient manner.
Part C. Successor in Interest.
§ 1–309.51. Succession.
(a) Except as provided in this section, each Advisory Neighborhood Commission ("ANC") shall be the successor in interest with regard to any assets, obligations, or agreements of its predecessor previously established by law.
(b) The successor in interest to any agreement with an ANC as of December 31, 2022, shall be the ANC within whose boundaries the subject of the agreement is located. For purposes of this subsection, the term "agreement" shall include any voluntary agreement executed pursuant to Title 25, any agreement relating to a Planned Unit Development, zoning variance, or special exception, and any agreement relating to historic preservation.
(c) The Chief Financial Officer, in coordination with the Office of Advisory Neighborhood Commissions, shall reapportion the quarterly allotments for the periods on or after January 2, 2023, based on the requirements of § 1-207.38(e), and the boundaries of the new ANC areas established by the Advisory Neighborhood Commission Boundaries Act of 2022 (D.C. Law 24-148).
Subchapter VI. Government Reorganization Procedures.
§ 1–315.01. Purposes.
The Council of the District of Columbia (“Council”) declares that it is the policy of the District of Columbia government (“District government”) to:
(1) Promote better execution of laws, more effective management of the District government and of its agencies and functions, and promote the expeditious administration of public business;
(2) Reduce expenditures, promote economy, and increase efficiency to the fullest extent practicable with respect to the District government operations; and
(3) Eliminate overlapping and duplication of effort by means of grouping, consolidating, or coordinating agencies and functions to the fullest extent consistent with the efficient operation of the District government.
§ 1–315.02. Definitions.
For the purposes of this subchapter the term:
(1) “Agency” means any office, department, division, board, commission, or other agency of the District government, required by law or by the Mayor or Council to administer any law or any rule adopted under the authority of a law. The term “agency” does not include: The Superior Court of the District of Columbia, the District of Columbia Court of Appeals, those agencies identified in §§ 1-1001.03, 3-302, 6-621.01, 1-204.95 [repealed] and 34-801, or the Executive Office of the Mayor as defined in this subchapter.
(2) “Reorganization” is the process described in § 1-315.03.
(3) “Executive Office of the Mayor” means those offices or agencies expressly established to provide managerial, budgetary, personnel, secretarial, planning, informational, and special assistance to the Mayor in carrying out the Mayor’s administrative functions in the management of the District government. The term “Executive Office of the Mayor” does not include the Office of Personnel established by § 1-604.02.
(4) “Rule” means the whole or any part of any Mayor’s, Council’s, or agency’s statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy, or to describe the organization, procedure, or practice requirement of the Mayor, Council, or of any agency.
(5) “Boards and commissions” means bodies established by law or by order of the Mayor consisting of appointed members to perform a trust or execute official functions on behalf of the District government.
§ 1–315.03. Process of reorganization defined.
For the purposes of carrying out the objectives of § 1-315.01, the process of reorganization means that action which results in the transfer, consolidation, abolition, or authorization with respect to functions and hierarchy, between or among agencies, and which affects the structure or structures thereof, at the control or responsibility center level(s), including, but not limited to:
(1) The transfer of the whole or part of an agency, or the whole or part of the functions thereof, to the jurisdiction and control of another agency;
(2) The consolidation of the whole or part of an agency, or the whole or part of the functions thereof, with the whole or part of another agency or the functions thereof;
(3) The abolition of the whole or part of an agency wherein such agency or part thereof does not have or will not have any functions; or
(4) The authorization of an officer or agency head to delegate functions vested in specific officers or agency heads not presently authorized to be delegated, except as provided in § 1-204.22(6).
§ 1–315.04. Preparation, transmittal, publication, and effective date of reorganization plan.
(a) When, after investigation, the Mayor finds that it is necessary to accomplish 1 or more purposes of § 1-315.03, he or she shall prepare a detailed reorganization plan consistent with such findings, which are included in the plan, and shall transmit the plan bearing an identification number to the Council.
(b) Upon transmittal of the proposed reorganization plan, the Mayor shall cause the same to be published in the District of Columbia Register.
(c) The reorganization plan shall become effective on the 61st day following receipt by the Council, excluding Saturdays, Sundays, and holidays: Provided, that the Council does not adopt, within such 60 days, a resolution disapproving such reorganization plan.
(d) Unless the Council has adopted a disapproval resolution by the time of the request, the Mayor may, by written request transmitted to the Chairman of the Council, withdraw a reorganization plan prior to the expiration of the 60-day review period.
§ 1–315.05. Contents and format of reorganization plan.
(a) A reorganization plan transmitted by the Mayor pursuant to § 1-315.04 shall:
(1) In such cases as the Mayor deems necessary, change the name of an agency or part of an agency affected by reorganization and the title of its head, designate the name of the agency resulting from the reorganization, and the title of its head;
(2) Provide for the transfer or other disposition of the records, property, and personnel affected by the reorganization;
(3) Provide for the transfer of such unexpended balances of appropriations and other funds available for use in connection with a function or agency affected by a reorganization as the Mayor deems necessary by reason of such reorganization for use by the agency which shall be responsible for the function after the reorganization plan becomes effective: Provided, however, that all such unexpended balances so transferred may be used only for the purposes for which the appropriation was originally made;
(4) Provide for the termination of the affairs of an agency abolished as a result of the reorganization;
(5) Provide a timetable for the implementation of the reorganization;
(6) Provide for reporting and evaluation systems that will allow for the results of the plan to be measured; and
(7) Be in the following format:
(A) Mayor’s statement;
(B) Reorganization plan;
(C) Section-by-section analysis;
(D) Rationale for the reorganization plan:
(i) Problems with the present organization;
(ii) Recent reorganization studies and recommendations, if any; and
(iii) Expected benefits and improvements;
(E) Functional Organization Chart of each affected agency:
(i) Existing; and
(ii) Proposed;
(F) Staffing organizational chart indicating grade and source of funding for each position:
(i) Existing; and
(ii) Proposed;
(G) Budget data relevant to present and proposed operations of entities to be reorganized:
(i) Impact on financial management system budget structure:
(I) Control centers; and
(II) Responsibility centers;
(ii) Impact on budget organization:
(I) Total budget comparisons;
(II) Changes in budget organization (grants and appropriated funds combined); and
(III) Changes detailed by grant and appropriated funds by responsibility center;
(H) Transition planning and employee protection; and
(I) Training needs.
(b) The Mayor shall include, in his or her transmittal message to accompany the plan, the statutory authority for the exercise of the function(s) affected, and an itemization, to the extent practicable, of the reduction of expenditures as a probable result of the reorganization.
(c) A reorganization plan may provide for appointment with the advice and consent of the Council and the salary of the agency head (including an agency resulting from a consolidation or other type of reorganization) if the Mayor finds, and his or her transmittal message declares, that by reason of a reorganization made pursuant to the plan, such provisions are necessary.
§ 1–315.06. Transmittal of District of Columbia government organization chart.
The Mayor shall annually submit to the Council, on or before February 1st for a 45-day period of review, a revised chart detailing the organization and structure of the District government that shall reflect any reorganization plans or legislative changes relating to the structure of the District government. If the Council does not approve or disapprove the chart, by resolution, within a 45-day review period, excluding Saturdays, Sundays, holidays, and days of Council recess, the chart shall be deemed approved.
§ 1–315.07. Report on District boards and commissions.
(a) The Mayor shall, within 60 days of October 17, 1981, transmit to the Council a report on all boards and commissions in existence during the preceding 12-month period by major categories by 1 of the following functions:
(1) Institutional governance boards;
(2) Independent regulatory boards;
(3) Judicial boards;
(4) Appeals boards;
(5) Procedural boards;
(6) Institutional licensure boards;
(7) Occupational and professional licensure boards;
(8) State planning boards; or
(9) Advisory boards.
The report shall include the name, functions, status, composition, date and authority for its creation, the total estimated annual cost to the District government to fund, service, supply, and maintain such board or commission, and the agency responsible for providing the necessary support for the board or commission.
(b) The Mayor shall, within 90 days after October 17, 1981, issue in accordance with subchapter I of Chapter 5 of Title 2, rules and regulations establishing criteria for evaluating all boards and commissions to determine whether such board or commission should be abolished or merged with any other board or commission, and whether the responsibility of such board or commission performs a necessary function not already being performed.
(c) The Mayor shall, immediately after October 1, 1982, institute a comprehensive review of the activities and responsibilities of each board and commission to determine:
(1) Whether such board or commission is carrying out its purpose;
(2) Whether, consistent with the provisions of applicable statutes, the responsibilities assigned to it should be revised;
(3) Whether it should be merged with another board or commission; or
(4) Whether it should be abolished.
Upon completion of the review, the Mayor shall make recommendations to either the agency head or the Council with respect to action he or she believes should be taken. Thereafter, the Mayor shall carry out a similar review annually, and transmit to the Council no later than February 1st of each year, a report on the activities, status, and composition of all boards and commissions. The report shall contain the name of every board and commission, the date of and authority for its creation, its termination date or the date it is to make a report, its functions, a reference to the reports it has submitted, a statement of whether it is an ad hoc or continuing body, and the total estimated annual cost to the District government to fund, service, supply, and maintain such board or commission.
Subchapter VII. Surety.
§ 1–317.01. Persons prohibited from becoming surety upon bond.
Neither the Mayor of the District of Columbia, nor any officer whatsoever of the District of Columbia, shall be accepted as surety upon any bond required to be given to the District of Columbia; nor shall any contractor be accepted as surety for any officer or other contractor in said District.
Subchapter VIII. Governmental Volunteers.
§ 1–319.01. Utilization by District government encouraged; exception.
It shall be the policy of the District of Columbia government to utilize volunteer citizens in as many governmental programs as is practicable to serve the interests of the community. No volunteer person shall be used to fill any position or perform any service which is currently being performed by an employee of the District of Columbia government.
§ 1–319.02. Promulgation of regulations.
The Mayor is directed to promulgate regulations governing the use of volunteers by agencies, departments, commissions, and instrumentalities of the District of Columbia: Provided, that the District of Columbia Board of Education and the Council of the District of Columbia may promulgate regulations governing their respective use of volunteers.
§ 1–319.03. Conflicts of interest; ineligibility for employee benefits; liability of District for torts of volunteers.
(a) Volunteer citizens may not assist governmental programs until regulations have been properly promulgated under the authority of §§ 1-319.01 to 1-319.05. No volunteer may be placed in any position likely to constitute a conflict of interest or the appearance of a conflict of interest in violation of the provisions of Chapter 29 of Title 18, United States Code, or Parts C and D of subchapter II of Chapter 11A of this title.
(b) Persons engaged as volunteers by the District of Columbia government as authorized by this section shall not be eligible for benefits provided to employees of the District of Columbia government under Chapters 81, 83, 85, 87, and 89 of Title 5, United States Code.
(c) All volunteers shall be considered employees of the District of Columbia government for the purposes of §§ 2-411 to 2-416.
(d) The District of Columbia shall be liable to third parties for tortious injury caused by volunteers under its supervision and control.
§ 1–319.04. Inapplicability to offices of United States Marshal or United States Attorney for the District of Columbia.
No provision of §§ 1-319.01 to 1-319.05 shall be deemed to apply to volunteers in the Offices of the United States Marshal or the United States Attorney for the District of Columbia.
§ 1–319.05. Definitions.
For the purposes of this subchapter:
(1) The term “employee” means a person who is paid by the District of Columbia government from grant or appropriated funds for his or her services.
(2) The term “volunteer” means a person who donates his or her services to a specific program or department of the District of Columbia government, by his or her free choice and without payment for the services rendered. The reimbursement of the actual expenditures by a volunteer on behalf of the District of Columbia government shall not make that person an employee of the District of Columbia for the purposes of this section.
(3) The term “agencies, departments, commissions, and instrumentalities of the District of Columbia” means all governmental instrumentalities and bodies of the District of Columbia government, except the Superior Court of the District of Columbia and the District of Columbia Court of Appeals.
Subchapter IX. Honoraria.
§ 1–321.01. Mayor’s authority to determine honorariums; deposit of funds in Treasury; receipt of honorarium without prejudice to retirement compensation; “honorarium” defined.
(a) Notwithstanding the provisions set forth in the sections mentioned in § 1-321.02, the Mayor of the District of Columbia is authorized and empowered to determine from time to time the honorariums to be paid to the members of the boards, commissions, and committees appointed and established by authority of such sections, such authority to include the power to determine the total amount per annum of any such honorarium.
(b) The funds derived from fees and charges for examinations, licenses, certificates, registrations, or for any other service rendered by any such board, commission, or committee, remaining after the payment, or provision made for payment of all obligations of the respective boards, commissions, and committees outstanding as of June 30, 1954, shall be deposited in the Treasury to the credit of the District of Columbia and on and after July 14, 1956, all moneys collected for such fees and charges shall be paid into the Treasury to the credit of the District of Columbia.
(c) Notwithstanding the limitation of any other law or regulation to the contrary, any person heretofore or hereafter appointed as a member of any such board, commission or committee may receive his honorarium as well as any retired pay, retirement compensation, or annuity to which such member may be entitled on account of previous service rendered to the United States or District of Columbia government.
(d) As used in §§ 1-321.01 to 1-321.06, “honorarium” means the fee, per diem, compensation, or any amount paid to any member of any such board, commission, or committee for service as such member. Payments made under §§ 1-321.01 to 1-321.06 shall be governed by the provisions of § 1-611.08.
§ 1–321.02. Applicability of this subchapter.
This subchapter shall apply to the boards, commissions, and committees and the members thereof, respectively, established pursuant to the following sections: 1-301.01, 3-1601 to 3-1631 [repealed], 3-1701 to 3-1719 [repealed], 3-2001 to 3-2028 [repealed], 3-2101 to 3-2132 [repealed], 3-2901 to 3-2943 [repealed], 3-2301.01 to 3-2301.10 [repealed], 3-2401 to 3-2422 [repealed], 3-2501 to 3-2508 [repealed], 3-2601 to 3-2619 [repealed], 47-2886.01 to 47-2886.18, 3-2701 to 3-2707 [repealed], 42-1701 to 42-1709, and 47-2801 to 47-2849.
§ 1–321.03. Refund of unearned fees.
Any fee or charge paid for an examination, license, certificate, or registration pursuant to any sections mentioned in § 1-321.02 shall, if not earned, be refunded upon application therefor: Provided, that application for refund is made not later than the end of the 3rd fiscal year following the fiscal year in which such fee or charge was made.
§ 1–321.04. Authority to fix and change licensing periods; proration of fee.
The Mayor of the District of Columbia is authorized, after a public hearing, to fix and change from time to time the period for which any license, certificate, or registration authorized by any section set forth in § 1-321.02 may be issued. Upon change of a license, certificate or registration period, the fee for any such license, certificate, or registration shall be prorated on the basis of the time covered.
§ 1–321.05. References to boards, commissions, and committees mentioned in this subchapter.
Whenever any board, commission, or committee, other than the Mayor of the District of Columbia, is mentioned in this subchapter, such board, commission, or committee shall be deemed to be the board, commission, or committee or other agency succeeding to the functions of the board, commission, or committee, so mentioned, pursuant to Reorganization Plan No. 5 of 1952.
§ 1–321.06. Appropriation for administration of sections mentioned in § 1-321.02.
There is hereby authorized to be appropriated out of the revenues of the District of Columbia such sums as may be necessary to pay the expenses of administering the sections listed in § 1-321.02, including the expenses of the Department of Licenses, Investigation and Inspections, established pursuant to authority contained in Reorganization Plan No. 5 of 1952.
Subchapter X. Certain reports.
§ 1–323.01. Annual report to Congress. [Repealed]
Repealed.
§ 1–323.02. Illustrations in annual reports prohibited unless authorized by Mayor.
Hereafter no department, board, office, or agency of the government of the District of Columbia shall include any illustration in any annual report prepared by it unless such illustration be authorized under order or regulation approved by the Mayor of the District of Columbia.
§ 1–323.03. Originals of discontinued reports to be preserved for public inspection.
In all cases where the printing of annual or special reports of the government of the District of Columbia is discontinued, the original copy thereof shall be kept on file in the Office of the Mayor of the District of Columbia for public inspection.
Subchapter XI. Special Funds.
Part A. Productivity Bank Fund.
§ 1–325.01. Productivity Bank Fund established. [Repealed]
Repealed.
§ 1–325.02. Rulemaking.
The Mayor shall issue rules setting out the criteria by which the Bank Loan Committee shall evaluate loan applications and the terms that shall govern the loans, including procedures for repayment. The Bank Loan Committee shall not issue any loans until the publication of final rules to implement this subchapter, in accordance with Chapter 5 of Title 2 [§ 2-501 et seq.].
Part B. Public Planning Capital Project Fund.
§ 1–325.11. Establishment of Public Planning Capital Project Fund.
(a) The Public Planning Capital Project Fund is hereby established.
(b) With each annual capital budget request submitted by the Mayor to the Council in accordance with § 1-204.42, the Mayor shall include as a discrete capital project a public planning fund for which the Mayor shall propose any amount he considers necessary for the uses and purposes set forth in subsection (c) of this section.
(c) Subject to authorization by Congress in an appropriations act, the monies designated for the public planning capital project fund shall be used by the District of Columbia Office of Planning, or its successor, to fund the preparation and development of public planning studies and recommendations for proposed capital projects that will be funded or guaranteed, in part or in whole, by the District government.
(d) Nothing in this section shall be construed to prohibit or limit the appropriation of additional funds from the revenues of the District for the uses and purposes set forth in this section.
Part C. Department of Corrections Reimbursement Fund.
§ 1–325.21. Department of Corrections Reimbursement Fund.
(a) There is established a nonlapsing fund to be designated as the Department of Corrections Reimbursement Fund (“Fund”), which shall be a segregated account within the General Fund of the District of Columbia and shall be used to support the activities prescribed by the Memorandum of Understanding, effective January 1, 2002, between the United States Marshals Service and the Department of Corrections (“Memorandum”).
(b) All revenue derived from the reimbursement of the cost of services provided by the Department of Corrections pursuant to the Memorandum, and all fees collected for the department’s housing, transporting, and handling of adult pretrial or sentenced felons, probation, parole, or supervision violators, and prisoners returning to the Superior Court of the District of Columbia on writ or subject to other commitment orders shall be deposited into the Fund.
(c) Funds deposited in the Fund shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this section, subject to authorization by Congress.
Part D. Fiscal Year 2006 Educational Investment Fund.
§ 1–325.31. Fiscal Year 2006 Educational Investments Fund for District of Columbia Public Schools and Public Charter Schools.
There is established a Fiscal Year 2006 Educational Investments Fund for District of Columbia Public Schools and Public Charter Schools (“Fund”), into which shall be deposited $25.2 million in Fiscal Year 2006, of which $21 million and $4.2 million shall be allocated in Fiscal Year 2006 to the District of Columbia Public Schools and public charter schools, respectively, to conduct activities leading to increased student achievement and improved school performance, including comprehensive reading and math programs, parent and family resource centers, comprehensive art and music programs, the Summer Bridge Program, and a textbook management system. No funds from the Fund shall be made available for expenditure unless, by no later December 31, 2005, the Superintendent, the District of Columbia Public Charter School Board, and the District of Columbia Board of Education Charter School Board submit to the Mayor detailed plans which describe specific initiatives or activities that will be implemented during Fiscal Year 2006, and include budget and performance goals and measures for each identified initiative or activity.
§ 1–325.35. At-Risk Supplemental Allocation Preservation Fund.
(a) There is established as a special fund the At-Risk Supplemental Allocation Preservation Fund (“Fund”), which shall be administered by the Chancellor of the District of Columbia Public Schools in accordance with subsection (c) of this section.
(b)(1) Subject to the limitations set forth in paragraph (2) of this subsection, at the end of each fiscal year, all unspent local funds in the District of Columbia Public Schools budget that are based on the at-risk add-on established by § 38-2905(c) shall be deposited in the Fund.
(2) Each year’s deposit pursuant to paragraph (1) of this subsection shall not exceed 5% of the lower of the District of Columbia Public Schools budget associated with the at-risk add-on for:
(A) The fiscal year in which the funds would be deposited; or
(B) The fiscal year after the year in which the funds would be deposited.
(c) The Fund shall be used solely to fund services and materials designed to assist at-risk students as defined in § 38-2901(2A).
(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part E. Schools Modernization Fund.
§ 1–325.41. Schools Modernization Fund established.
(a) There is established a dedicated fund within the General Fund of the District of Columbia, as a separate budget line item, to be known as the Schools Modernization Fund. The fund shall be a revolving, nonlapsing fund, which shall consist of the following distinct accounts:
(1) The Debt Service account, the funds of which shall be solely used to pay the debt service on revenue bonds issued in accordance with this part, and which shall be funded through:
(A) Local funds;
(B) Federal funds;
(C) Federal grant funds;
(D) Any grants, gifts, or subsidies from public or private sources for the repair or renovation of District schools;
(E) Any return on investment of the assets of the Debt Service account, including interest thereon; and
(F) Such other funds as may be authorized to be deposited; and
(2) The Bond Revenue account, the funds of which shall be solely used to pay for the repair or renovation of District schools.
(b) Funds deposited in the Schools Modernization Fund shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this section, subject to authorization by Congress.
§ 1–325.42. Budget submission requirements.
(a) The Mayor shall submit to the Council, as part of the annual budget, a requested appropriation of local funds for the Schools Modernization Fund, including a description of estimated expenditures.
(b) The appropriation of local funds to, or the existence of retained funds in, the Schools Modernization Fund shall not replace local funding that otherwise would be directed to the capital budget for the District of Columbia Public Schools.
§ 1–325.43. Bond authorization.
(a) Pursuant to § 1-204.90, the Mayor is authorized to issue bonds to assist in financing, refinancing, or reimbursing costs of undertakings by the District to accomplish the purposes of this part.
(b) The Mayor shall submit and the Council shall approve, by resolution, the amount of bonds that shall be issued at any time for a project authorized by subsection (a) of this section that meets the criteria set forth in § 1-325.44. Each approval resolution shall state the aggregate principal amount of the bonds to be issued, and shall be accompanied by a description of each project showing its adherence to the criteria set forth in § 1-325.44.
§ 1–325.44. Criteria for use of bond revenue by District of Columbia Public Schools.
(a) To receive funds from the Bond Revenue account of the Schools Modernization Fund, the District of Columbia Public Schools (“DCPS”) shall:
(1) Develop a new Master Facilities Plan pursuant to § 38-2803, that incorporates the findings and goals of the master education plan developed by the Superintendent.
(2) Consolidate facilities and dispose of underused buildings in accordance with the Master Facilities Plan developed under subsection (a) of this section, and applicable law; and
(3) Submit to the Mayor and Council a proposed expenditure plan developed in consideration of city-wide capital efforts and approved by the Board of Education which shall include:
(A) The specific repair or renovation for which the requested funds shall be used;
(B) An explanation as to why these additional funds, which are available over and above funds appropriated for capital investment in schools, are necessary;
(C) An analysis as to how the specific project fits into the Master Facilities Plan developed under subsection (a) of this section and DCPS’ strategic objectives for school modernization;
(D) An analysis of any new program capacity to be created, including the student population to be served, how it fits into the master education plan developed by the Superintendent, and any anticipated savings resulting from providing programs within DCPS facilities instead of out-of-state;
(E) A declaration that no funds from the Bond Revenue account are intended for expenditure on a facility set for disposition; and
(F) A time table for completion of the proposed repair or renovation.
(b) Priority in funding shall be given to projects that:
(1) Locate new out-of-District special education programs within DCPS facilities;
(2) Create additional capacity for vocational education programs within DCPS facilities;
(3) Co-locate public charter schools within DCPS facilities; or
(4) Develop mixed-use facilities in collaboration with the District of Columbia Public Library, the Department of Parks and Recreation, or other appropriate District agencies.
§ 1–325.45. Annual report; review of funding priorities.
(a) The Superintendent shall submit to the Council, the Mayor, and the Board of Education, an annual report containing the following information:
(1) A summary of any real estate portfolio review and business plan studies for potential partnership development completed by the Superintendent;
(2) The number of projects developed by the Superintendent;
(3) The number of projects financed by the Schools Modernization Fund that:
(A) Created additional capacity within the District of Columbia Public Schools for special education students or programs;
(B) Created additional capacity for vocational education programs;
(C) Created a co-location arrangement with a public charter school; or
(D) Developed a shared-use facility or site between the District of Columbia Public Schools and another District agency.
(b) The Superintendent shall review the priorities for use of revenue from the Schools Modernization Fund specified in § 1-325.44 every 5 years and make recommendations to the Mayor, the Council, and the Board of Education on their continued validity or propose new priorities.
Part F. HIV/AIDS Crisis Area Capacity Building Fund.
§ 1–325.51. Funds for HIV/AIDS Crisis Area Capacity Building.
(a) There is established a revolving HIV/AIDS Crisis Area Capacity Building Fund, to be administered by the Mayor, for the purposes of providing loans and grants of up to $500,000 to develop, support, expand, repair, or improve service delivery to persons with HIV/AIDS within those Wards that did not receive grants from the HIV/AIDS Administration during fiscal year 2005.
(b) There is authorized to be appropriated out of the revenue of the District $500,000 to carry out the purposes of this part.
§ 1–325.52. Rulemaking.
By December 1, 2005, the Mayor shall issue proposed rules to implement the provisions of this part. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
§ 1–325.53. HIV/AIDS Administration Capacity Building Fund report.
(a) By December 1, 2005, the Mayor, through the HIV/AIDS Administration within the Department of Health, shall provide to the Council a report that includes a comprehensive plan for distributing the funds from the Capacity Building Fund to those wards that lack the infrastructure to provide preventative and maintenance services within the ward to persons living with HIV/AIDS.
(b) The Mayor shall submit to the Council no later than 180 days after the end of each fiscal year a report on the financial condition of the Capacity Building Fund, including the results of the operation of the fund for the preceding fiscal year and an analysis of the number of persons living with HIV/AIDS, by ward.
Part G. Fee Collection Incentive Fund. [Repealed.]
§ 1–325.61. Fee Collection Incentive Fund. [Repealed]
Repealed.
Part H. Greater Southeast Community Hospital Capital Equipment Fund.
§ 1–325.71. Establishment of Greater Southeast Community Hospital Capital Equipment Fund.
(a) There is established as a nonlapsing fund the Greater Southeast Community Hospital Capital Equipment Fund (“Fund), the funds of which shall be used by the Mayor for the sole purpose of purchasing and maintaining capital equipment at Greater Southeast Community Hospital.
(b)(1) If the Chief Financial Officer of the District of Columbia certifies, through a revised quarterly revenue estimate for fiscal year 2008, that local funds exceed the annual revenue estimates incorporated in the approved fiscal year 2008 budget and financial plan, any allocation of those additional revenues shall include a deposit into the Fund of an amount equal to the revenue generated by taxes and assessments of the properties in the District of Columbia described as Lots 3 and 4, Square 5919.
(2) The Fund may also receive monies from appropriations, federal grants, and revenues from any other source.
(3) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(c) The Mayor shall conduct an annual audit of all income and expenditures of the Fund and provide the annual report to the Council.
Part I. FEMS Special Events Fee Fund.
§ 1–325.81. FEMS Special Events Fee Fund.
(a) There is established as a lapsing fund the FEMS Special Events Fee Fund (“Fund”) to be used for the purposes set forth in subsection (b) of this section and into which shall be deposited all fees assessed and collected relating to Fire and Emergency Medical Services Department service delivery under § 47-2826 to cover the costs of the Fire and Emergency Medical Services Department in providing services for special events.
(b) The Fund shall be used for expenses related to the Fire and Emergency Medical Services Department’s provision of services for special events, including:
(1) Personnel costs;
(2) Equipment;
(3) Supplies;
(4) Training;
(5) Risk reduction; and
(6) Repairs and maintenance of equipment and supplies.
(c) All funds deposited into the Fund shall be used exclusively for the purposes set forth in subsection (b) of this section. Any unexpended monies in the Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
Part J. Solid Waste Disposal Cost Recovery Special Account.
§ 1–325.91. Solid Waste Disposal Cost Recovery Special Account.
(a) There is established as a nonlapsing fund the Solid Waste Disposal Cost Recovery Special Account, into which shall be deposited all solid waste disposal transfer fee and disposal fee revenues, less any recycling surcharge, owed and accruing to the District.
(b) All funds deposited into the Solid Waste Disposal Cost Recovery Special Account shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(c) The Solid Waste Disposal Cost Recovery Special Account shall be used to defray the expenses of operating, maintaining, and improving the District’s solid waste transfer facilities, and to dispose of solid waste delivered to those facilities.
Part K. Anti-Graffiti Mural Assistance Program Fund.
§ 1–325.101. Anti-Graffiti Mural Assistance Program Fund.
(a) There is established as a nonlapsing fund the Anti-Graffiti Mural Assistance Program Fund (“Fund”), which shall be used solely for the purposes set forth in subsections (c) and (d) of this section, and administered by the Office of the Director of the Department of Public Works.
(b) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsections (c) and (d) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(c) The Director of the Department of Public Works (“Director”) shall:
(1) Ensure that the Fund is used solely to provide grants to qualified corporations;
(2) Provide such direction to the qualified corporations as is needed to ensure that the Fund is used solely for purposes described in this part;
(3) Identify and prioritize for the production of mural art locations in the District that have been targeted or are likely to be targeted for graffiti and are appropriate for mural art; and
(4) Oversee all aspects of the production of mural art for which Fund monies have been provided.
(d) Regarding the production of any mural art for which Fund monies have been provided, the qualified corporation shall:
(1) Expend the monies solely in connection with the production of mural art, including training, supervising, and compensating the mural artists, at locations identified by the Department of Public Works;
(2) Where the Department of Public Works has prioritized the locations at which mural art is to be produced, expend the monies in a manner that reflects those priorities;
(3) Consult with the Department of Public Works on all aspects of the production of mural art;
(4) Administer and manage the program so as to ensure that the production or any phase of the production of mural art is complete by any deadline established by the Director; and
(5) Provide the Director with a program and budget report no less than twice annually.
(e) For the purposes of subsections (c) and (d) of this section, the term “qualified corporation” means a nonprofit corporation incorporated in the District that provides education, training, funding, and supervision for the creation of mural art within the District.
Part L. Business Improvement District Litter Cleanup Assistance Fund.
§ 1–325.111. Business Improvement District Litter Cleanup Assistance Fund.
(a) There is established as a nonlapsing fund the Business Improvement District Litter Cleanup Assistance Fund (“Fund”), which shall be used solely for the purposes set forth in subsection (c) of this section, and administered by the Office of the Director of the Department of Public Works.
(b)(1) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(2) Any funds that are transferred through intra-District funding and are not expended in any fiscal year shall revert to the Fund and be available for use in the subsequent fiscal year.
(c)(1) The Fund shall be used solely to provide grants to qualified corporations to support the corporations’ litter removal efforts within their respective Business Improvement District areas.
(2) No corporation shall receive monies from the Fund in excess of $125,000 during any 12-month period.
(3) Where more than one qualified corporation representing the same geographic area applies for a grant pursuant to this part, preference shall be given to the corporation whose contract or contracts with professional litter cleanup services are longer-standing.
(4) For the purposes of this subsection, the term “qualified corporation” means:
(A) A “BID corporation,” as that term is defined in § 2-1215.02(4), that has an annual budget of less than $1 million;
(B) A Main Street organization duly incorporated with a current letter of agreement with the Local, Small and Disadvantaged Business Enterprise Business Center; or
(C) A “Ward 4 BID Demonstration Project” as that term is used in section 8004(e)(3) of the Designated Appropriation Allocation Act of 2008, effective August 16, 2008 (D.C. Law 17-219; 55 DCR 7602).
Part M. Community-Based Violence Reduction Fund.
§ 1–325.121. Establishment of Community-Based Violence Reduction Fund.
(a)(1) There is established as a nonlapsing fund the Community-based Violence Reduction Fund (“Fund”).
(2) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(b) The funds in the Fund shall be used only for the purpose of giving grants to community-based organizations in accordance with criteria to be established, and uniformly applied, by the Justice Grants Administration.
(c) Not more than 5% of the total amount of monies in the Community-Based Violence Reduction Fund in any given fiscal year may be used to pay administrative costs necessary to implement the requirements of this section.
Part N. Pedestrian and Bicycle Safety and Enhancement Fund. [Repealed.]
§ 1–325.131. Establishment of Pedestrian and Bicycle Safety and Enhancement Fund. [Repealed]
Repealed.
Part O. Veterans Appreciation Scholarship Fund.
§ 1–325.141. Veterans Appreciation Scholarship Fund.
(a) There is established as a nonlapsing fund the Veterans Appreciation Scholarship Fund “Fund”, which shall be used solely for the purposes set forth in subsection (c) of this section. The Fund shall be funded by appropriations.
(b) All funds deposited into the Veterans Appreciation Scholarship Fund, and any interest earned on those funds, shall not revert to the unrestricted find balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(c) Subject to the availability of funds in the Fund, United States military personnel whose service began on or after September 11, 2001, and who are residents of the District of Columbia shall be granted reimbursement of tuition, fees, books, and other materials from the Fund for undergraduate and graduate courses at the University of the District of Columbia for a period of 4 years after their return from active duty.
Part P. Capital Project Support Fund.
§ 1–325.151. Definitions.
For the purposes of this part, the term:
(1) “Alley Rehabilitation Project” means the capital project designated as District Department of Transportation capital project CEL21C in the District’s capital improvement program.
(2) “Buyer agency” means a District department, office, or agency that places an order for goods or services using funds appropriated for a capital project pursuant to a memorandum of understanding.
(3) “Capital project” shall have the same meaning as provided in § 1-201.03(8).
(4) “Chief Financial Officer” means the Chief Financial Officer of the District of Columbia.
(4A) "Encumbered" means committed to pay for goods or services ordered but not yet received.
(5) “Fund” means the Capital Project Support Fund established by § 1-325.152.
(6) “Memorandum of understanding” means an agreement between District departments, offices, or agencies authorized pursuant to § 1-301.01(k)(1) to provide goods or services for the benefit of a capital project with payment to be made with funds appropriated for that capital project.
(7) “OCFO” means the Office of the Chief Financial Officer of the District of Columbia established by § 1-204.24a(a).
(7A) "Pre-encumbered" means held, but not yet committed, to pay for goods or services that are expected to be, but have not yet been, ordered.
(8) “Seller agency” means a District department, office, or agency that receives a transfer of funds appropriated for a capital project to provide goods or services related to that project pursuant to a memorandum of understanding.
(9) “Surplus capital funds” means unexpended funds appropriated for a capital project that have been identified by the OCFO as available for transfer pursuant to § 1-325.153a or § 1-325.153b.
§ 1–325.152. Capital Project Support Fund.
(a) There is established as a special fund the Capital Project Support Fund, which shall be administered by the Chief Financial Officer in accordance with this part.
(b) All surplus capital funds identified by the Chief Financial Officer pursuant to §§ 1-325.153a, 1-325.153b, and 1-325.153c shall be deposited into the Fund.
§ 1–325.153. Expenditures from Fund.
(a) Funding for an approved capital project may be provided through redirection in an approved budget and financial plan or through a reprogramming, pursuant to Chapter 3 of Title 47.
(b) Within 30 days of a request by the Mayor to reprogram the money in the Fund to an approved capital project, the Chief Financial Officer shall certify that the funds are available and the expenditure to support the project is in compliance with this part.
§ 1–325.153a. Closure of capital budget memoranda of understanding; transfer of surplus capital funds.
(a) After the termination date of a memorandum of understanding, the buyer agency shall have 60 days to reconcile the accounting and budget data and close the funding line for the memorandum of understanding associated with the capital project in the system of accounting and reporting.
(b)(1) After the closing date of the memorandum of understanding, the Office of Budget and Planning within the OCFO shall notify the buyer agency and the seller agency of any issues that must be resolved to close the funding line for the memorandum of understanding in the project management system, including:
(A) Any outstanding issues related to removal of any encumbrances and pre-encumbrances:
(B) The need for reconciliation of the capital project budget and expenditures between the buyer agency and the seller agency related to the memorandum of understanding; or
(C) Needed accounting entries necessary to zero out the budget balance for the memorandum of understanding.
(2) After the 60-day reconciliation period required by subsection (a) of this section, the OCFO, through its Director of Capital Improvements, shall adjust entries to ensure the close of the funding line for a memorandum of understanding associated with a capital project, with no outstanding balances remaining.
(c) Any surplus capital funds that the Director of Capital Improvements identifies following the 60-day reconciliation period shall be deposited in the Capital Project Support Fund.
§ 1–325.153b. Transfer of other surplus capital funds.
(a) If a department, office, or agency has a capital project with an unexpended balance of more than $250,000 for which no funds have been expended, encumbered, or pre-encumbered for 2 consecutive years, the OCFO shall provide 30 days written notice to the department, office, or agency of the CFO's intent to transfer the surplus capital funds to the Capital Project Support Fund. The CFO shall make this transfer unless the department, office, or agency to which the funds have been budgeted or allotted:
(1) Certifies to the Mayor, Council, and OCFO, within the 30-day notice period that it intends to use the funds to implement the capital project within 18 months of the certification; and
(2) Submits a satisfactory activity report to the OCFO describing the status of the implementation within 180 days from the date of certification.
(b) The OCFO shall have sole and complete discretion to determine whether the activity report required by subsection (a) of this section is satisfactory. If the OCFO determines that an activity report is unsatisfactory, the OCFO shall transfer the surplus capital funds to the Capital Project Support Fund after providing 10 days written notice to the agency.
(c) The OCFO shall transfer to the Capital Project Support Fund surplus capital funds from a capital project with an unexpended balance of $250,000 or less for which no funds have been expended or encumbered for 3 consecutive years upon the OCFO’s identification of such funds.
§ 1–325.153c. Release of encumbered or pre-encumbered funds; transfer of surplus capital funds.
(a) If a department, office, or agency has a capital project with $250,000 or less in encumbered or pre-encumbered funds that have been in an encumbered or pre-encumbered status for 2 consecutive years, the OCFO shall provide written notice to the department, office, or agency of the OCFO's identification of such funds.
(b) Within 30 days of receipt on this notice, the department, office, or agency to which the funds have been budgeted or allotted shall:
(1) Notify the OCFO in writing of its intent to expend the funds and provide a spending plan for the funds; or
(2) Release the funds.
§ 1–325.154. Reporting requirements.
The Chief Financial Officer shall submit a written report to the Mayor and the Council on a quarterly basis on the status of the Fund, including the current balance of the Fund and a list of the projects supported by the Fund.
§ 1–325.155. Washington Metropolitan Area Transit Authority project.
(a) Except as provided in § 1-325.156 and notwithstanding any other provision of this part, the budget authority for an approved capital project shall be reprogrammed, pursuant to Chapter 3 of Title 47 [§ 47-301 et seq.], for use pursuant to subchapter IV-A of Chapter 11 of Title 9 [§ 9-1108.01 et seq.]; provided, that:
(1) The capital project has been completed or the funds no longer considered necessary and budget authority remain available;
(2) For a capital project with a balance of more than $250,000, no funds have been expended or encumbered for 3 consecutive years, and the agency has not notified the Chief Financial Officer within 30 days of the end of the 3-year period that the agency intends to use the funds to implement the project within 18 months; or
(3) For a capital project with a remaining budget authority of $250,000 or less, the capital project has not been funded for 2 consecutive years.
(b) If at any time the Chief Financial Officer determines that certain funds are not needed to meet the requirements of the WMATA project, those funds may be reprogrammed, pursuant to Chapter 3 of Title 47, to any capital project that the Chief Financial Officer certifies a funding need.
§ 1–325.156. Alley Rehabilitation Project.
(a) Notwithstanding any other provision of this part, the Chief Financial Officer shall transfer to and retain in the Alley Rehabilitation Project the first $6 million of surplus capital funds identified pursuant to § 1-325.153a or § 1-325.153b, to be made available for purposes of the Alley Rehabilitation Project through a reprograming pursuant to Chapter 3 of Title 47 [§ 47-301 et seq.].
(b) This section shall expire on September 30, 2016.
Part Q. Senior Housing Modernization Grant Fund. [Repealed.]
§ 1–325.161. Definitions. [Repealed]
Repealed.
§ 1–325.162. Senior Citizens Housing Modernization Grant Fund. [Repealed]
Repealed.
§ 1–325.163. Eligibility for grants. [Repealed]
Repealed.
§ 1–325.164. Rules. [Repealed]
Repealed.
Part R. H Street Retail Priority Area Fund.
§ 1–325.171. Definitions.
For the purposes of this part, the term:
(1) “Chief Financial Officer” means the Chief Financial Officer established by § 1-204.24(a).
(2) “DMPED” means the Office of the Deputy Mayor for Planning and Economic Development established by Mayor’s Order 99-62 (April 9, 1999).
(3) “Developer Sponsor” shall have the same meaning as provided in § 47-4634(1).
(4) “H Street Real Property Tax Increment Revenue” means the portion of the real property tax imposed by Chapter 8 of Title 47 on real property in the H Street, N.E., Retail Priority Area in any fiscal year that exceeds the amount of the real property tax imposed on the real property in the H Street, N.E., Retail Priority Area in the fiscal year ended September 30, 2007.
(5) Repealed.
(6) “H Street Retail Developer” means a person or corporation that proposes to, or provides technical assistance to, engage in the business of sale of personal property or services for use or consumption by the purchasers at locations in the H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area.
(7) “H Street Sales Tax Increment Revenue” means the portion of the sales tax imposed by Chapter 20 of Title 47 on goods and services sold in the H Street, N.E., Retail Priority Area in any fiscal year that exceeds the amount of the sales tax imposed in the H Street, N.E., Retail Priority Area in the fiscal year ended September 30, 2007.
§ 1–325.172. Establishment of the H Street Retail Priority Area Grant Fund.
(a) There is established as a nonlapsing fund outside the General Fund of the District of Columbia a fund designated as the H Street Retail Priority Area Grant Fund. The Chief Financial Officer shall pay upon April 8, 2011, an amount not to exceed $5 million annually, but not to exceed $25 million in the aggregate, of the H Street Real Property Tax Increment Revenue and the H Street Sales Tax Increment Revenue into the H Street Retail Priority Area Grant Fund.
(b) All funds deposited into the H Street Retail Priority Area Grant Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(c) DMPED shall use a portion of each of the $5 million annual allocations into the H Street Retail Priority Area Grant Fund as follows:
(1)(A) Repay the General Fund of the District of Columbia annually for all tax abatements to the Developer Sponsor;
(B) The value of the tax abatements to the Developer Sponsor shall not exceed $5 million in the aggregate;
(2) Make grants to H Street Retail Developers in accordance with § 1-325.173;
(3) Beginning October 1, 2015, and ending September 30, 2018, make grants to support revitalization programs pursuant to § 2-1217.73b. Grants may be awarded for revitalization programs within any of the Retail Priority Areas established by or pursuant to § 2-1217.73.
(4)(A) In Fiscal Year 2016, the Deputy Mayor for Planning and Economic Development may use monies credited to the Fund to award up to $2 million in grants to one or more Qualified High Technology Companies (“QHTCs”), as defined by § 47-1817.01(5), for the purpose of assisting the recipients in making improvements to building space that is rented, or to be rented, and occupied exclusively, or to be occupied exclusively, by those QHTCs.
(B) The total amount of grants to a single recipient shall not exceed $1 million.
(d) The Mayor shall prepare and deliver an annual report to the Council each year on January 1st. The annual report shall contain a listing and description of each grant issued from the H Street Retail Priority Area Grant Fund pursuant to this part. Each listing shall contain specific information about the nature of the grant, the grantee, the use of the grant funds, the projected number of new jobs created for District residents, the projected economic benefit to the District, and any other information the Council may request regarding each grant.
§ 1–325.173. H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area business development.
(a) The Mayor shall publish no later than 120 days after April 8, 2011, and no less than annually after that date, a notice of funding availability to make grants to assist retail development projects which generate new jobs in new or improved existing retail space in the H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area.
(b)(1) Eligible development projects shall include businesses engaged in the sale of home furnishings, apparel, books, art, groceries, and general merchandise to specialized customers or service-oriented businesses providing a direct service to specialized customers or artistic endeavors, such as art galleries, theaters, or performing arts centers. Special consideration shall be given to businesses that include entrepreneurial and innovative retail elements.
(2) Eligible retail development projects shall not include liquor stores, restaurants whose annual alcohol sales exceed 20%, nightclubs, phone stores, or businesses with 20 or more locations in the United States.
(c) Eligibility for retail development projects shall include:
(1) Site control of the property either through fee simple ownership of the site or through an executed contract or lease with the property owner;
(2) Frontage on a commercial corridor within the H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area;
(3) Repealed;
(4) Execution of a First Source Agreement with the District’s Department of Employment Services; and
(5) Adherence to design, construction, and rehabilitation requirements as defined by DMPED.
(d)(1) A grant made available under this section shall be divided into thirds or fourths and disbursed accordingly in allotments to a grantee.
(2)(A) The Mayor shall request, and a grantee shall furnish, a receipt or receipts for the purpose of confirming that a grantee's expenditure of grant funds was allowable.
(B) Notwithstanding subparagraph (A) of this paragraph, unless the grantee fails to provide a receipt or receipts, the grantee's response shall not delay disbursement of the grantee's next allotment, except for the final allotment. Funds shall be made available to the grantee as quickly as possible.
(C) Nothing in this paragraph shall be construed to authorize the expenditure of grant funds inconsistent with their purpose.
Part S. West End Library and Fire Station Maintenance Fund.
§ 1–325.181. West End Library and Fire Station Maintenance Fund.
(a) There is established as a special fund the West End Library and Fire Station Maintenance Fund ("Maintenance Fund"),which shall be used solely to fundthe expenses of providing: supplemental maintenance service; common-area maintenance service; insurance; and capital improvements for the West End Library and West End Fire Station (collectively, the "Operating Expenses"). The Maintenance Fund shall supplement such other sums as are annually appropriated for the operation of branch libraries and fire stations, including the West End Library and West End Fire Station, and shall be used solely to ensure that both facilities are maintained in a manner that is consistent with the high-quality conditions of the larger buildings of which they are a part. The Maintenance Fund shall be used first to pay for the Operating Expenses, before other District funds are used, but the Maintenance Fund shall not be used otherwise to supplant local funds typically appropriated for the operation of branch libraries and fire stations.
(b)(1) In fiscal years ending before October 1, 2027, the Chief Financial Officer shall deposit into the Fund 85% of the Deed Transfer and Recordation Taxes attributable to the new buildings constructed on Lots 836, 837, and 855 in Square 37 (or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units).
(2) In fiscal years beginning on or after October 1, 2027, the Chief Financial Officer shall deposit into the Fund 70% of the Deed Transfer and Recordation Taxes attributable to the new buildings constructed on Lots 836, 837, and 855 in Square 37 (or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units).
(c) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to appropriation.
(d)(1) The Department of General Services, in close consultation with the District of Columbia Public Library, shall manage the Maintenance Fund. To the extent that monies are needed to pay for the Operating Expenses, in addition to the Maintenance Fund, for the West End Library and the West End Fire Station, the additional monies appropriated for that purpose shall be allocated between the West End Library and West End Fire Station based upon each facility's respective proportionate share of the total annual aggregate Operating Expenses, as jointly determined by the Chief Librarian of the District of Columbia Public Library and the Director of the Department of General Services.
(2) The Mayor shall submit to the Council, as a part of the annual budget, a requested appropriation for expenditures from the Fund. This request shall be prepared for the Mayor by the Department of General Services working in close consultation with the District of Columbia Public Library. The appropriation for expenditures from the Maintenance Fund shall be depicted as a separate activity within the budget of the Department of General Services. Any monies received but not expended in a given fiscal year shall be retained by the Fund.
(e) The Fund shall be audited annually by the Inspector General, who shall transmit the audit report to the Mayor and Council no later than 90 days after close of the fiscal year. The annual audit shall include:
(1) The assets, liabilities, fund balance, revenue, and expenditures of the Fund;
(2) A detailed accounting of the Fund’s expenditures; and
(3) Identification of any Fund expenditures that were not permitted under the law.
Part T. Streetscape Loan Relief Fund.
§ 1–325.191. Streetscape Business Development Relief Fund.
(a) There is established as a nonlapsing fund the Streetscape Business Development Relief Fund ("Fund"), which shall be used solely to make loans or issue grants in accordance with subsection (c) of this section. The Fund shall be funded by annual appropriations; provided, that for fiscal year 2011, the amount deposited in the Fund shall be $723,000. All funds received from repayments of loans shall be deposited into the Fund.
(b) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(c) If the District undertakes a streetscape construction, capital infrastructure, or rehabilitation project, the Mayor, in the Mayor's sole discretion, may make interest-free loans or issue grants from the Fund to a District Main Streets Program organization or individua or entity that operates a retail business within the project boundaries of or adjoining the streetscape construction, capital infrastructure, or rehabilitation project. To obtain a loan or grant, a District Main Streets Program organization or individual or entity operating a retail business shall submit an application in the form and with the information that the Mayor shall require. The Mayor shall determine the terms and conditions of each loan or grant based upon the application submitted by the District Main Street Program organization or individual or entity operating a retail business; provided, that the term of a loan or grant issued pursuant to this section shall not exceed 5 years after the termination of the streetscape construction, capital infrastructure, or rehabilitation project.
(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this section.
(e) Within 180 days of the end of the Fiscal Year 2020, and every year thereafter, the Department of Small and Local Business Development shall submit a report to the Council detailing all loans, grants, and sub-grants issued pursuant to this section, including information on the dollar amount disbursed, recipients of financial assistance, and whether the recipient is a certified business enterprise.
Part U. Council Technology Projects Fund.
§ 1–325.201. Council Technology Projects Fund.
(a) There is established as a nonlapsing fund the Council Technology Projects Fund (“Fund”). All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(b) The Fund shall be used for capital expenses, or for operating expenses related to furniture, fixtures, equipment, or maintaining or upgrading the technology used for the benefit of the Council and shall be administered by the Secretary to the Council.
(c) The following shall be deposited into the Fund:
(1) All excess monies remaining in the operating budget for the Council of the District of Columbia at the end of each fiscal year;
(2) Any interest earned from the monies deposited into the Fund; and
(3) Any other funds received on behalf of the Fund or the Council for the purpose of maintaining and upgrading the technology for the Council.
Part V. Neighborhood Parade and Festival Fund.
§ 1–325.211. Neighborhood Parade and Festival Fund established.
(a) There is established as a nonlapsing fund the Neighborhood Parade and Festival Fund (“Fund”), which shall be administered by the Commission on Arts and Humanities, to be used for the purposes set forth in subsection (c) of this section.
(b)(1) Deposits into the Fund shall include:
(A) Federal funds, if any;
(B) Gifts, grants, and donations; and
(C) An annual appropriation of $107,000.
(2) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(c) The Fund shall be used for parades, festivals, and any other celebrations sponsored by a neighborhood or civic association.
(d) The Commission on Arts and Humanities is authorized to make grants for the purposes described in this section. Grants made under this section shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of this chapter [§ 1-328.11 et seq.].
Part W. Innovation Fund.
§ 1–325.221. Definitions.
For the purposes of this part, the term:
(1) “Fund” means the City Innovation Fund established in § 1-325.222.
(2) “Grant-managing entity” means the Greater Washington Community Foundation.
§ 1–325.222. Innovation Fund.
(a)(1) There is established as a special fund the City Innovation Fund ("Fund") to provide subgrants to nonprofit organizations in education, job training, health, services for seniors, arts, public safety, and the environment.
(2) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(3) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(b)(1) The Mayor shall make one or more grants to the grant-managing entity from the Fund, which shall be used to make subgrants for the purpose of promoting a growing economy, education improvement, increasing sustainability, and improving the quality of life for all residents.
(2) Any costs to the District to administer the grant funds shall be paid out of the Fund.
(3) Up to 6% of each disbursement from the Fund to the grant-managing entity may be utilized by the grant-managing entity for administrative expenses and evaluation of the Fund.
(c) The Fund is designed to provide subgrants to nonprofits in education, job training, health, services for seniors, arts, public safety, and the environment. The funds shall be available for conveyance to a grant-managing entity for the purposes identified in subsection (b) of this section.
(d) Subgrants shall be awarded, subject to the availability of funding, as follows:
(1) All subgrants shall be awarded on a competitive basis;
(2) The subgrants shall not exceed $200,000 per year;
(3) Capacity-building subgrants are one-time and can be carried over for a maximum of 3 years;
(4) Program-development subgrants are limited to a maximum of 3 years and contingent on first-year grant outcomes;
(5) The subgrant funds shall be used exclusively to serve District of Columbia residents;
(6) Independent review panels shall be used as part of the subgrant selection process; and
(7) All subgrants shall be subject to District transparency requirements, such as Freedom of Information Act requests.
(e) The Fund shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of this chapter [§ 1-328.11 et seq.].
(f) The Fund shall be overseen by the Deputy Mayor for Health and Human Services; provided, that the Chief Financial Officer shall assign an individual agency-level code for the Fund in the District's financial system.
(g) Repealed.
§ 1–325.223. Required information before approval.
(a) To be eligible to receive a subgrant from the grant-managing entity pursuant to § 1-325.222, a subgrantee shall submit the following required documentation to the grant-managing entity as well as any additional information required by the grant-managing entity:
(1) Internal Revenue Service certification that the organization is tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3));
(2)(A) The organization’s most recent financial audit, not more than 2 years old; or
(B) A recent financial statement, not more than one year old, prepared by a certified accountant that shows that the organization is in good financial standing and which delineates its:
(i) Existing assets and liabilities;
(ii) Pending lawsuits, if any; and
(iii) Pending and final judgments, if any;
(3) Internal Revenue Service Form 990 covering the organization’s most recently completed fiscal year;
(4) A notarized statement from the subgrantee certifying that:
(A) The organization is current on District and federal taxes;
(B) The grant-managing entity is authorized to verify the organization’s tax status with the Office of Tax and Revenue and the Office of Tax and Revenue is authorized to release this information to the grant-managing entity;
(C) The grant-managing entity shall have access to the financial, administrative, and operational records, including specific consent for the grant-managing entity to access its books, accounts, records, findings, and documents related to the subgrant; and
(D) The subgrantee is registered with the Department of Consumer and Regulatory Affairs; and
(5) A comprehensive program statement that includes a detailed:
(A) Scope of work; and
(B) Budget that describes how the subgrant funds shall be spent.
§ 1–325.224. Reporting requirements.
Beginning January 2, 2015, the grant-managing entity shall submit an annual report to the Mayor and the Council of all District funds allocated, which includes:
(1) Detailed subgrantee data;
(2) Performance measures and performance outcomes under each subgrant;
(3) The specific services provided under each subgrant;
(4) The entity providing the services, if one other than the subgrantee;
(5) The time period of delivery of the services;
(6) The type of service provided;
(7) The actual amount paid for the services; and
(8) The amount of other expenditures under the subgrant, if any.
§ 1–325.225. Authorization for grant-managing entity.
The grant-managing entity shall be required to enter into a Memorandum of Understanding ("MOU") with the District of Columbia government. The MOU shall set forth certain administrative requirements for the grant-managing entity to abide by when it obtains District funds and awards subgrants involving District funds, and will clarify and reaffirm the grant-managing entity's responsibility and obligation with respect to District funds, including the monitoring of the use of District funds.
§ 1–325.226. Limitation on duplicative projects.
(a) The grant-managing entity shall take steps to avoid awarding subgrants to a nonprofit that has been awarded or is being awarded funds from the DC Children and Youth Investment Trust Corporation (“Trust”) for the same or similar program purposes for which it is applying for funding from the Fund.
(b) Within 30 days after the effective date of the MOU, the grant-managing entity shall provide to the Mayor, or his or her designee, and the Council, a plan that sets forth procedures for avoiding the award of duplicative funds from the Trust and the Fund.
Part X. Bank Fees Special Fund.
§ 1–325.231. Bank Fees Special Fund.
(a) There is established as a special fund the Bank Fees Special Fund (“Fund”), which shall be administered by the Chief Financial Officer in accordance with subsection (c) of this section.
(b) Beginning October 1, 2013, the following sources shall be deposited into the Fund:
(1) All interest earned on public funds under the custody of the Chief Financial Officer in a general fund account that is not otherwise restricted; and
(2) Such amounts from the unassigned General Fund of the District of Columbia balance as may be required to pay bank fees and charges, as they come due, in excess of the interest earned on public funds as described in paragraph (1) of this subsection.
(c) The Fund shall be used to pay bank fees and charges.
Part Y. WMATA Momentum Fund. [Repealed.]
§ 1–325.241. WMATA Momentum Fund. [Repealed]
Repealed.
Part Z. Schools Technology Fund.
§ 1–325.251. Schools Technology Fund. [Repealed]
Repealed.
Part AA. End Homelessness Fund.
§ 1–325.261. End Homelessness Fund.
(a) There is established as a special fund the End Homelessness Fund (“Fund”), which shall be administered by the Department of Human Services in accordance with subsection (c) of this section.
(b) The Fund shall consist of 50% of the revenue from the automated traffic enforcement program, to the extent that the revenue is offset by revenue from a tax imposed by Chapter 39A of Title 47 [§ 47-3931 et seq.] on sales made via the Internet, and interest earned on that revenue, but not to exceed $50 million in a fiscal year.
(c) The Fund shall be used to end homelessness in the District, as set forth in a plan and legislation prepared by the Director to End Homelessness and the Interagency Council on Homelessness and transmitted to the Council for enactment. No moneys may be used from the Fund to supplant existing funding for programs already in existence.
(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization by Congress, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part BB. Surplus Personal Property Sales Fund.
§ 1–325.271. Surplus Personal Property Sales Fund. [Repealed]
Repealed.
Part CC. Department of Behavioral Health Enterprise Fund.
§ 1–325.281. Department of Behavioral Health Enterprise Fund.
(a) There is established as a special fund the Department of Behavioral Health Enterprise Fund (“Fund”), which shall be administered by the Department of Behavioral Health (“Department”) in accordance with subsection (c) of this section.
(b) The Fund shall consist of revenue from the following fees, proceeds, and revenues collected from the following activities and operations:
(1) Proceeds from the cafeteria managed and operated by the Department on the St. Elizabeths Hospital Campus;
(2) Fees charged for trainings and Continuing Education Units by the Department’s Organizational Development- DMH Training Institute; and
(3) Recoupment and collection of housing bridge subsidy payments from individual consumers, representative payees, and landlords by the Department’s Adult Services Supported Housing program.
(c) The Fund shall be used for the management and operation of the food cafeteria, DMH Training Institute, and Supported Housing programs managed and operated by the Department.
Part DD. IPW Fund.
§ 1–325.291. IPW Fund.
(a) There is established as a special fund the IPW Fund (“Fund”), which shall be administered by Destination DC in accordance with subsection (c) of this section.
(b) The following funds shall be deposited into the Fund:
(1) Upon approval of the settlement by the District of Columbia Court of Appeals in District of Columbia v. Expedia, Inc., et al., Nos. 14-CV-308, 14-CV-309 and subject to subsection (d) of this section, $2 million from the settlement the District obtained;
District of Columbia Court of Appeals in District of Columbia v. Expedia, Inc., et al.,
(1-A) The amount of $1.5 million from any recoveries from litigation brought on behalf of the District; provided, that the Litigation Support Fund established in § 1-301.86b has reached its initial balance cap; and
(2) In private-sector matching funds, $3.5 million to be raised by Destination DC.
(c) Money in the Fund shall be used to pay for the costs associated with hosting the U.S. Tourism Association’s annual international tourism conference, known as the IPW.
(d) The portion of the Fund described in subsection (b)(1) of this section shall be available for expenditure only if Destination DC raises private-sector matching funds on a one-to-one basis. Destination DC shall return to the District any settlement funds for which a private- sector match is not secured.
(e) Destination DC shall submit an annual report by the end of each fiscal year to the Mayor and Council, which shall include the amount of private-sector matching funds raised and the amount expended from the Fund.
(f)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part EE. Destination DC marketing Fund.
§ 1–325.301. Destination DC Marketing Fund.
(a) There is established as a special fund the Destination DC Marketing Fund (“Fund”), which shall be established under the auspices of and administered by Destination DC, and which shall be used by Destination DC for the purposes of marketing the District.
(b) The amount of $1.5 million shall be deposited into the Fund from the settlement the District obtained with online travel companies to recover unpaid hotel-room taxes, only upon approval of the settlement by the District of Columbia Court of Appeals, District of Columbia v. Expedia, Inc., et al., Nos. 14-CV-308, 14-CV-309.
(c)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part FF. WMATA Operations Support Fund. [Repealed.]
§ 1–325.311. WMATA Operations Support Fund. [Repealed]
Repealed.
Part GG. Teen Pregnancy Prevention Fund.
§ 1–325.321. Definitions.
For the purposes of this part, the term:
(1) “Fund” means the Teen Pregnancy Prevention Fund established in § 1-325.322.
(2) “Grant-managing entity” means , for Fiscal Year 2017, the Department of Health, as authorized by § 1-325.325.
§ 1–325.322. Teen Pregnancy Prevention Fund.
(a) There is established a Teen Pregnancy Prevention Fund (“Fund”) to provide grants to nonprofit organizations.
(b) Grants from the Fund shall be awarded by the Department of Health to nonprofit organizations for the purpose of implementing the following types of programs, consistent with an evidence-based, community-wide teen pregnancy prevention model:
(1) Health services for teens;
(2) Reproductive health education;
(3) Professional development and training;
(4) Research and policy development related to teen pregnancy; and
(5) Public education and awareness on teen pregnancy.
(c) Grants from the Fund shall be awarded, subject to the availability of funding, as follows:
(1) All grants shall be awarded on a competitive basis;
(2) The grant funds shall be used exclusively to serve District of Columbia residents; and
(3) All grants shall be subject to subchapter II of Chapter 5 of Title 2.
(d) The Fund shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of this chapter.
(e) Repealed.
§ 1–325.323. Required information before approval.
(a) To be eligible to receive a grant from the grant-managing entity pursuant to § 1-325.322, a grantee shall submit the following required documentation to the grant- managing entity, as well as any additional information required by the grant-managing entity:
(1) Internal Revenue Service certification that the organization is tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A 24 Stat. 163; 26 U.S.C. § 501(c)(3));
(2)(A) The organization’s most recent financial audit, not more than 2 years old; or
(B) A recent financial statement, not more than one year old, prepared by a certified accountant that shows that the organization is in good financial standing and which delineates its:
(i) Existing assets and liabilities;
(ii) Pending lawsuits, if any; and
(iii) Pending and final judgments, if any,
(3) Internal Revenue Service Form 990 covering the organization’s most recently completed fiscal year;
(4) A notarized statement from the grantee certifying that:
(A) The organization is current on District and federal taxes;
(B) The grant-managing entity is authorized to verify the organization’s tax status with the Office of Tax and Revenue and the Office of Tax and Revenue is authorized to release this information to the grant-managing entity;
(C) The grant-managing entity shall have access to the grantee’s financial, administrative, and operational records, including specific consent for the grant-managing entity to access its books, accounts, records, findings, and documents related to the grant; and
(D) The grantee is registered with the Department of Consumer and Regulatory Affairs; and
(5) A comprehensive program statement that includes a detailed:
(A) Scope of work; and
(B) Budget that describes how the grant funds shall be spent.
§ 1–325.324. Reporting requirements.
Beginning December 1, 2017, the grant-managing entity shall submit a semiannual report to the Council of all District funds allocated, which includes:
(1) Detailed grantee data;
(2) Performance measures and performance outcomes under each grant;
(3) The specific services provided under each grant;
(4) The entity providing the services, if one other than the grantee;
(5) The time period of delivery of the services;
(6) The type of service provided;
(7) The actual amount paid for the services; and
(8) The amount of other expenditures under the grant, if any.
§ 1–325.325. Authorization for grant-managing entity.
For Fiscal Year 2017, the Department of Health is designated as the grant-managing entity.
§ 1–325.326. Limitation on duplicative projects.
The grant-managing entity shall take steps to avoid awarding a grant to a nonprofit that has been awarded or is being awarded funds from another District agency for the same or similar program purposes for which it is applying for funding from the Fund.
Part HH. Pepco Cost-Sharing Fund for DC PLUG.
§ 1–325.331. Pepco Cost-Sharing Fund for DC PLUG.
(a) There is established as a special fund the Pepco Cost-Sharing Fund for DC PLUG (“Fund”), which shall be administered by the Director of the District Department of Transportation in accordance with subsection (c) of this section.
(b) The Fund shall consist of transfers from the Potomac Electric Power Company to facilitate cost-sharing for the District of Columbia Power Line Undergrounding (“DC PLUG”) initiative.
(c) The Fund shall be used to pay for any purpose authorized by Chapter 13A of Title 34 [§ 34-1311.01 et seq.], for the DC PLUG initiative.
(d) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
Part II. BID Parking Abatement Fund.
§ 1–325.341. BID Parking Abatement Fund
(a) There is established as a special fund the BID Parking Abatement Fund (“Fund”), which shall be administered by the Mayor in accordance with subsection (c) of this section.
(b) The Fund shall be funded by an annual appropriation in the amount of $120,000 from the District's annually approved budget and financial plan.
(c) Money in the Fund shall be used to abate parking fees for a Business Improvement District (“BID”), as that term is defined in § 2-1215.02(7), that applies and is approved to reserve a public parking space within the BID for use by pedestrians; provided, that no more than 70% of the money available in a fiscal year shall be distributed to a single BID.
(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and fiscal plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part JJ. Housing Preservation Fund.
§ 1–325.351. Housing Preservation Fund.
(a) There is established as a special fund the Housing Preservation Fund ("Fund"), which shall be administered by the Department of Housing and Community Development in accordance with subsections (c) and (d) of this section.
(b) In Fiscal Year 2018, $10 million from local appropriations shall be deposited into the Fund.
(c) Money in the Fund shall be used to provide debt or equity to finance housing preservation activities, including acquisition bridge loans, predevelopment expenses, environmental remediation, critical repairs, and other activities necessary to preserve the affordability of housing units; provided, that for any property benefited by an expenditure of funds pursuant to this subsection, a covenant shall be recorded with respect to affordability, the terms and conditions of which shall be determined by the Mayor.
(d) Money in the Fund shall not be used to provide debt or equity to finance housing preservation activities involving any property identified in section 2(a) of the Historic Preservation of Derelict District Properties Act of 2016, effective March 11, 2017 (D.C. Law 21-223; 64 DCR 182).
(e)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part KK. St. Elizabeths East Campus Redevelopment Fund.
§ 1–325.361. St. Elizabeths East Campus Redevelopment Fund.
(a) There is established as a special fund the St. Elizabeths East Campus Redevelopment Fund ("Fund"), which shall be administered by the Office of the Deputy Mayor for Planning and Economic Development in accordance with subsection (c) of this section.
(b)(1) Beginning with the tax year commencing October 1, 2018, through the tax year ending September 30, 2021, the Chief Financial Officer shall deposit into the Fund taxes, including penalties and interest, if any, collected pursuant to §§ § 47-1005.01 and § 47-2002 attributable to taxable payments or transactions generated from the St. Elizabeths East Campus Entertainment and Sports Arena Site in an amount not to exceed $855,000 per fiscal year. Any taxes imposed with respect to possessory interest in the St. Elizabeths East Campus Entertainment and Sports Arena Site pursuant to § 47-1005.01 in excess of $855,000 per fiscal year shall be abated.
(2) Beginning with the tax year commencing on October 1, 2021, the Chief Financial Officer shall deposit into the Fund all taxes, including penalties and interest, if any, collected pursuant to §§ § 47-1005.01 and § 47-2002 attributable to taxable payments or transactions generated from the St. Elizabeths East Campus Entertainment and Sports Arena Site for the period ending on the last day of the tax year that the Ground Lease is in effect, in accordance with the requirements of the Ground Lease.
(c)(1) The Fund shall be used solely to support the maintenance, operation, and construction activities on the St. Elizabeths East Campus Redevelopment Site.
(2) Notwithstanding § 1-328.13, the Office of the Deputy Mayor for Planning and Economic Development may use funds from the Fund to award grants to recipients to further the purposes set forth in this subsection.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(e) For the purposes of this section, the term:
(1) "Ground Lease" means the lease entered into by and between the District of Columbia and the tenant for the St. Elizabeths East Campus Entertainment and Sports Arena Site.
(2) "St. Elizabeths East Campus Entertainment and Sports Arena Site" means that portion of the St. Elizabeths East Campus, located at 1100 Alabama Avenue, S.E., Washington, D.C., known for tax and assessment purposes as Lot 838, in Square 5868, Suffix S.
(3) "St. Elizabeths East Campus Redevelopment Site" means the real property known as Square 5868, Suffix S.
Part KK-i. New Hospital at St. Elizabeths Startup Reserve Fund.
§ 1–325.365. New hospital at St. Elizabeths Startup Reserve Fund.
(a) There is established as a special fund the New Hospital at St. Elizabeths Startup Reserve Fund ("Fund"), which shall be administered by the Department of Health Care Finance in accordance with subsections (c) and (d) of this section.
(b) There shall be deposited into the Fund such amounts as shall be appropriated, consistent with the Hospital Operations Agreement between the Government of the District of Columbia and UHS East End Sub, LLC, for the operation of a hospital at St. Elizabeths and for other purposes ("Operations Agreement"), approved pursuant to Title I of D.C. Law 23-138.
(c) Money in the Fund shall be used for the purposes set forth in the Operations Agreement.
(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part LL. Ward 7 and Ward 8 Entrepreneur Grant Fund.
§ 1–325.371. Ward 7 and Ward 8 Entrepreneur Grant Fund.
(a) There is established as a special fund the Ward 7 and Ward 8 Entrepreneur Grant Fund ("Fund"), which shall be administered by the Department of Small and Local Business Development ("Department") in accordance with subsections (c) and (d) of this section.
(b) In Fiscal Year 2018, $300,000 from local appropriations shall be deposited into the Fund.
(c)(1) Money in the Fund shall be used to provide grants to support the establishment or expansion of small businesses in Ward 7 and Ward 8.
(2) No single grant shall exceed $10,000.
(d)(1) To qualify for a grant, the proposed or existing small business shall have:
(A) A location in Ward 7 or Ward 8;
(B) Fewer than 5 full-time employees;
(C) Ward 7 or Ward 8 residents representing more than 50% of the ownership of the proposed or existing small business; and
(D) A clear and deliverable business plan demonstrating the proposed use of the grant.
(2) A grant shall support startup or expansion efforts, including product or service development, market research, customer development, licensing, prototyping, providing engineering design, leasing equipment, providing professional services, such as accounting, tax, and legal services or capital-asset management, or such other activity that the Department determines is consistent with the purposes of this section.
(e) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(f) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.
Part MM. Product Stewardship Fund.
§ 1–325.381. Product Stewardship Fund.
(a) There is established as a special fund the Product Stewardship Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
(1) Permit fees collected pursuant to § 8-233.04;
(2) Civil fines and penalties collected pursuant to § 8-233.06;
(3) Fees collected pursuant to § 8-1041.04;
(4) Civil penalties and fines collected pursuant to § 8-1041.12; and
(5) Fees and fines collected pursuant to § 8-771.10.
(c) Money in the Fund shall be used for the purposes of supporting and administering subchapter II of Chapter 2A of Title 8 , Subtitle B, and Subtitle D.
(d)(1) The money deposited into the Fund shall not revert to unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part NN. Subrogation Fund.
§ 1–325.391. Subrogation Fund.
(a) There is established as a special fund the Subrogation Fund ("Fund"), which shall be administered by the Chief Risk Officer in accordance with subsections (c) and (d) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
(1) Funds appropriated for the Fund; and
(2) Revenue arising from subrogation claims brought by or on behalf of the Chief Risk Officer, including revenue arising from subrogation claims referred by the Chief Risk Officer to the Office of the Attorney General for prosecution; provided, that before deposit of such revenue into the Fund in fiscal years 2018 through 2021, the following sums arising from subrogation claims in fiscal years 2018 through 2021 shall be deposited first into the General Fund of the District of Columbia:
(A) $310,000 in Fiscal Year 2018;
(B) $315,000 in Fiscal Year 2019;
(C) $322,000 in Fiscal Year 2020; and
(D) $328,000 in Fiscal Year 2021.
(c) Money in the Fund shall be used for the following purposes:
(1) To repair and replace District property damaged or destroyed by the actions or negligence of persons who caused such damage or destruction;
(2) To pay for the costs of administering the subrogation functions of the Office of Risk Management; and
(3) To pay for the costs incurred by the Office of the Attorney General in the prosecution of subrogation claims referred to it by the Chief Risk Officer and collection of judgments on such claims.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(e) The Chief Risk Officer, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.
(f) For the purposes of this section, the term:
(1) "Chief Risk Officer" means the director of the Office of Risk Management established by § 1-1518.01.
(2) "Subrogation" means the right of the District to pursue claims against persons who caused loss or damage to the District.
Part OO. Washington Metropolitan Area Transit Authority Dedicated Financing Fund.
§ 1–325.401. Dedicated funding for WMATA.
(a) There is established as a special fund the Washington Metropolitan Area Transit Authority Dedicated Financing Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.
(b) There shall be deposited into the Fund general retail sales tax revenue collected pursuant to Chapter 20 of Title 47 as follows:
(1) In Fiscal Year 2019 -- $178.5 million;
(2) In Fiscal Year 2020 -- $178.5 million; and
(3) In Fiscal Year 2021, and each successive year, $178.5 million.
(b-1) Notwithstanding subsection (b)(3) of this section, the District may reduce its dedicated funding payment to WMATA if Maryland or Virginia reduces its dedicated funding payment below the amount required in its dedicated funding agreement with WMATA; provided, that the District's reduction shall not be greater in proportion than the proportion by which Maryland or the proportion by which Virginia, whichever is greater, reduces its payment.
(c)(1) Money in the Fund in Fiscal Year 2019 shall be used as a source of funding to make the District's payment to WMATA through agency KE0 as shown in the Fiscal Year 2019 Budget and Financial Plan.
(2) Pursuant to a grant agreement between the District and WMATA, and subject to subsection (d) of this section, starting in Fiscal Year 2020, money in the Fund shall be distributed to WMATA by the Mayor as a grant for the purposes of WMATA capital improvements, including payment on borrowings for such capital improvements.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part PP. Audit Engagement Fund.
§ 1–325.411. Audit Engagement Fund.
(a) There is established as a special fund the Audit Engagement Fund ("Fund"), which shall be administered by the Office of the District of Columbia Auditor in accordance with subsection (c) of this section.
(b) The following shall be deposited into the Fund:
(1) All unspent local fund monies remaining in the operating budget for the Office of the District of Columbia Auditor at the end of each fiscal year; and
(2) Any other funds received on behalf of the Fund or the Office of the District of Columbia Auditor for the purpose of performing audits.
(c) Money in the Fund shall be used for operating expenses related to performing audits.
(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part QQ. SNAP Reinvestment Fund.
§ 1–325.421. SNAP Reinvestment Fund.
(a) There is established as a special fund the SNAP Reinvestment Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.
(b) The unspent local fund dollars remaining in the operating budget of the Department of Human Services at the end of each fiscal year shall be deposited into the Fund; provided, that the amount of unspent local fund dollars deposited into the Fund at the end of a fiscal year shall not exceed the difference between the total of all amounts that remain to be invested by the Department of Human Services pursuant to active Supplemental Nutrition Assistance Program excessive payment error rate liability settlement agreements ("Settlement Agreements") between the Department of Human Services and the United States Department of Agriculture minus the amount in the Fund at the end of the fiscal year.
(c) Money in the Fund shall be used to implement the Settlement Agreements.
(d)(1) The money deposited into the Fund but not expended during a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Part RR. Early Childhood Educator Pay Equity Fund.
§ 1–325.431. Early Childhood Educator Pay Equity Fund.
(a) There is established as a special fund the Early Childhood Educator Pay Equity Fund ("Fund"), which shall be administered by the Office of the State Superintendent of Education ("OSSE") in accordance with subsection (c) of this section.
(b) The following funds shall be deposited into the Fund:
(1) In Fiscal Year 2022, $53,920,878 in local funds;
(2) In Fiscal Year 2023, $72,889,092 in local funds;
(3) In Fiscal Year 2024, $69,508,332 in local funds;
(4) In Fiscal Year 2025, $70,502,920 in local funds ("base amount"); and
(5) Beginning with Fiscal Year 2026, and annually thereafter, an amount equal to the base amount increased each year by the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria, DC-MD-VA-WV Metropolitan Statistical Area (or such successor metropolitan statistical area that includes the District) increase for the preceding calendar year; and
(6) Any additional appropriated funds.
(c) The Fund shall be used to:
(1) Support the implementation of the ECE salary scale established and updated pursuant to § 4-410.02(b).
(1A) With funds appropriated in Fiscal Years 2022 and 2023, implement an early educator pay parity program that will provide direct, lump-sum payments to assistant teachers and lead teachers who elect to participate in the program as follows; provided, that an employee may elect to receive less than the stated amount:
(A) $10,000 each year if the employee is an assistant teacher; and
(B) $14,000 each year if the employee is a lead teacher.
(1B) Beginning in Fiscal Year 2023 and in any future fiscal year in which funds available for the Fund exceed those required to support other uses authorized pursuant to this subsection, reduce health insurance premiums paid by child development facilities or eligible employees of child development facilities, pursuant to an agreement with the DC Health Benefit Exchange.
(2)(A) Pay OSSE administrative costs related to implementing the early educator pay parity program authorized in paragraph (1A) of this subsection or increasing the minimum compensation for employees of child development facilities pursuant to the ECE salary scale established and updated pursuant to § 4-410.02(b), which may include:
(i) Personnel costs;
(ii) Grantee or vendor costs related to distributing pay supplements to early educators;
(iii) Costs related to providing technical assistance to child development facilities; and
(iv) Costs of conducting outreach to early childhood educators and child development facilities in Fiscal Year 2022 and in Fiscal Year 2023 to support the implementation of the Fund.
(B) Administrative costs authorized to be paid pursuant to subparagraph (A) of this paragraph shall not exceed $5,390,878 in Fiscal Years 2022 and 2023 and, in any fiscal year thereafter, 5% of the annual amount deposited in the Fund.
(d)(1) Money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(d-1) Unless otherwise prohibited by federal law, lump-sum payments an individual receives in Fiscal Years 2022 and 2023 from the early educator pay parity program established pursuant to subsection (c)(1A) of this section shall not be counted as income or assets:
(1) For the purposes of determining eligibility or calculating benefits under Chapter 2 of Title 4; and
(2) For the purpose of determining eligibility or calculating benefits for the following benefit programs:
(A) D.C. HealthCare Alliance, referenced in § 7-771.07(2);
(B) Educational scholarships the District administers with local funds;
(C) Home Purchase Assistance Program, referenced in § 42-2602.01;
(D) Housing subsidy vouchers issued through § 6-226;
(E) Grandparent Caregiver Program established by § 4-251.02;
(F) Close Relative Caregiver Program, established by § 4-251.22; and
(G) Other District government benefit programs administered with local funds, including Strong Families, Strong Futures.
(e) For the purposes of this section, the term:
(1) "Assistant teacher" shall have the same meaning as provided in § 4-401(1).
(2) "Child development facility" shall have the same meaning as provided in § 4-401(2B).
(3) "ECE salary scale" shall have the same meaning as provided in § 4-401(4C).
(4) "Lead teacher" shall have the same meaning as provided in § 4-401(5A).
(f) Notwithstanding § 1-328.13, OSSE may enter into a sole source grant agreement covering Fiscal Years 2022 and 2023 for the purpose of implementing the early educator pay parity program by distributing direct, lump-sum payments to employees of early childhood development providers, as authorized pursuant to subsection (c)(1A) of this section.
Part SS. Opioid Abatement Fund.
§ 1–325.441. Opioid Abatement Fund. [Recodified]
Recodified as § 7-3221.
Subchapter XII. Customer Service Operations.
Part A. City Wide Call Center.
§ 1–327.01. Establishment of the Citywide Call Center. [Repealed]
Repealed.
§ 1–327.02. Duties. [Repealed]
Repealed.
Part B. Customer Service Operations Unit.
§ 1–327.31. Short title.
This part may be cited as the “Customer Service Operations Establishment Act of 2002”.
§ 1–327.32. Establishment of the Customer Service Operations Unit; Duties.
(a) There is hereby established the Customer Service Operations Unit within the Executive Office of the Mayor.
(b) The Customer Service Operations Unit shall be the District of Columbia’s primary point of entry for citizens and customers attempting to access nonemergency services, solicit information, or register a complaint or comment about an agency. The calls to the Customer Service Operations Unit shall be tracked, monitored, and reported to all necessary agencies. The information collected from the calls to the Customer Service Center Operations Unit shall be used in determining where additional services are required, where specific services need improvement, and which current services are effective.
§ 1–327.33. Transfers; abolishment.
All personnel, property, records, functions, and unexpended balances of funds from the following agencies, offices, or units are transferred to the Customer Service Operations Unit, established pursuant to § 1-327.32:
(1) The Citywide Call Center established in § 1-327.01 [repealed];
(2) The Mayor’s Correspondence Unit, established in Mayor’s Order 73-172, issued November 5, 1973; and
(3) The Tester Program in the Executive Office of the Mayor.
§ 1–327.34. Applicability.
This part shall apply as of October 1, 2002.
Part C. Office of Unified Communications.
§ 1–327.51. Definitions.
For the purposes of this part, unless otherwise required by the context, the term:
(1) “Agencies” means the Metropolitan Police Department, the Fire and Emergency Medical Services Department, and the Customer Service Operations Unit.
(2) “Call center” means the telephone-based call center and associated operation involving any department or agency throughout the District government that operates the District’s 911, 311, and 727-1000 systems or other facilities for emergency and non-emergency calls. The term “call center” shall include the Citywide Call Center that is responsible for the receipt and processing of 727-1000 calls, but shall not include any other component of the Customer Service Operations Unit established by § 1-327.32.
(3) “Call center technology” means computer-aided dispatch systems and related public safety answering point technologies and telecommunications devices, and related equipment and appurtenances, including automatic call distribution equipment and any related equipment that manages, stores, channels or otherwise processes telephone calls, mobile communications devices, cellular communications, automatic vehicle location devices, global positioning technologies, and supporting metropolitan area network-based communications and supporting local area networks, that may be used in a call center.
(4) “Customer service” means activities involved in the receipt and processing of emergency, non-emergency, and citizen service requests by the agencies’ call centers.
(5) “Director” means the Director, Office of Unified Communications.
(6) “Office” means the Office of Unified Communications established by this part.
(7) “Radio technology” means public safety voice radio communications systems and other public safety wireless communications systems and resources.
(8) “Unified Communications Center” means the control center for radio and call center technology, and customer service, within the Office.
§ 1–327.52. Establishment of Office of Unified Communications.
(a) There is established, as a subordinate agency under the Mayor in the executive branch of the government of the District of Columbia, an Office of Unified Communications. The Office shall centralize the customer service functions and activities of the District government’s 911, 311, and 727-1000 systems, and other facilities for emergency, non-emergency, and citizen service calls, and be responsible for the operation and maintenance of the District government’s radio technology and call center technology.
(b) The Office shall be under the supervision of a Director, Office of Unified Communications, who shall carry out the functions and authorities assigned to the Office.
§ 1–327.53. Transfers.
(a) All of the authority, responsibilities, duties, and functions of the agencies’ call centers and radio technology shall be transferred from the agencies to the Office of Unified Communications within such reasonable period of time as the Mayor may designate. The transfer shall include all 911, 311, and 727-1000 call center authority, responsibilities, duties, functions, and infrastructure.
(b) All vacant and filled positions, personnel, property, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the agencies to perform the functions set forth in § 1-327.54 shall be transferred to the Office of Unified Communications within such reasonable period of time as the Mayor may designate.
(c) The Mayor, or the Mayor’s designee, may organize the personnel and property transferred to the Office from the agencies into such organizational components as the Mayor or the Mayor’s designee deems appropriate, and may develop any reports and evaluation systems necessary to assess the effectiveness of the reorganization plan authorized by this part.
(d) All authority and operations related to the Emergency and Non-Emergency Number Telephone Calling Systems Fund, established by § 34-1801, shall be transferred to the Office of Unified Communications.
§ 1–327.54. Functions.
The Office shall:
(1) Provide centralized customer service for the District government’s 911, 311, 727-1000 call systems, and other emergency, non-emergency, and citizen service calls;
(2) Provide centralized, District-wide coordination and management of the District government’s radio technology and call center technology systems and resources;
(3) Develop and enforce policy directives and standards for the acquisition, operation, and maintenance of radio technology and call center technology systems and services for all District agencies and departments, coordinating such activities with appropriate semi-governmental and private entities, the Federal Communications Commission, federal and state radio communications coordination organizations, and jurisdictions adjacent to or otherwise affecting the application or use of radio technology and call center technology in the District;
(4) Develop and enforce policy directives and standards for the integration, maintenance, and use of information systems and data resources needed to support the functions of the Office;
(5) Develop and enforce policy directives and standards for management of the building facilities supporting radio technology and call center technology;
(6) Develop and enforce policy directives and standards regarding all radio communications towers, antennae, and related equipment and appurtenances used by District departments and agencies;
(7) In coordination with the Office of the Chief Technology Officer, review all agency proposals, purchase orders, and contracts for the acquisition of radio technology and call center technology systems, resources, and services, and recommend approval or disapproval to the Chief Procurement Officer;
(8) In coordination with the Office of the Chief Technology Officer, review and approve the radio technology and call center technology budgets for District government departments and agencies and recommend approval or disapproval to the Chief Financial Officer;
(9) Coordinate the development of information management plans, standards, systems, and procedures throughout the District government for radio technology and call center technology, including the development of a radio technology and call center technology strategic plan for the District;
(10) Assess new or emerging radio technologies and call center technologies and advise District departments and agencies on the potential applications of these technologies to their programs and services;
(11) Implement radio technology and call center technology solutions and systems throughout the District government;
(12) Promote the compatibility of radio technology and call center technology throughout the District government; and
(13) Serve as a resource and provide advice to District departments and agencies about how to use radio technology and call center technology to improve services, including providing assistance to departments and agencies in developing radio technology and call center technology strategic plans.
§ 1–327.54a. Development of emergency medical application.
(a) The Office shall develop an emergency medical application to aid a trained user in providing cardiopulmonary resuscitation to an individual reported to be exhibiting signs of cardiac arrest while emergency medical service providers are dispatched to the individual's location. At a minimum, the emergency medical application shall:
(1) Notify a trained user that he or she is within a certain distance from an individual that is experiencing a cardiac arrest in a public location;
(2) Notify a trained user of the nearest location of a publicly accessible defibrillator;
(3) Assist emergency medical service providers in monitoring patients or relaying information to hospital emergency rooms; and
(4) Allow a trained user to alert the Office if an individual is experiencing a health emergency.
(b) The Director shall ensure that staff are adequately trained to assist trained users in the use of the emergency medical application.
(c) Notwithstanding any other law, a trained user shall have the same protections as provided in § 7-401, and shall not be subject to criminal or, in the absence of gross negligence, civil liability for administering cardiopulmonary resuscitation or using an automated external defibrillator pursuant to this part:
(1) In good faith to treat a person who he or she reasonably believes is experiencing a cardiac arrest;
(2) Outside of a hospital or medical office; and
(3) Without the expectation of receiving or intending to seek compensation for such service or acts.
(d) For the purposes of this section, the term:
(1) "Emergency medical application" means a website or mobile platform where trained users can interact with the Office during medical emergencies.
(2) "Trained user" means a District resident or visitor using an emergency medical application who has been trained by an organization recognized by the Department of Health to provide cardiopulmonary resuscitation to a victim of a cardiac arrest.
§ 1–327.54b. Emergency medical information profile program. [Repealed]
Repealed.
§ 1–327.54c. Alternative Responses to Calls for Service Pilot Program.
(a)(1) The Office shall, in coordination with the Deputy Mayor for Public Safety and Justice ("DMPSJ") and the Department of Behavioral Health ("DBH"), establish an Alternative Responses to Calls for Service Pilot Program ("Pilot Program") to dispatch non-law enforcement agency personnel and community-based responders to calls for service, including calls for service related to individuals experiencing:
(A) Behavioral health emergencies;
(B) Homelessness; or
(C) Substance use.
(2) The Pilot Program shall:
(A) Center a public-health approach to emergency response in its protocols, training, operations, and public engagement;
(B) Prioritize the diversion of calls for service away from a law enforcement response and towards District agencies or community-based organizations that employ unarmed practitioners or professionals, such as mental-health professionals and social workers; and
(C) To the extent possible, operate during non-business hours.
(b) With regard to the Pilot Program, the Office, DMPSJ, and DBH shall:
(1) Develop protocols for:
(A) Identifying and dispatching certain categories of calls for service; and
(B) Cross-training law enforcement personnel, non-law enforcement agency personnel, and community-based responders, including call-center employees;
(2) Conduct public education to build awareness and trust in the Pilot Program, including by developing branding, publicly accessible and lay-friendly educational materials, and strategic messaging about:
(A) The Pilot Program's purpose, goals, and operations; and
(B) Alternatives to calling 9-1-1 or dispatching law enforcement for certain categories of calls for service;
(3) By October 1, 2021, convene a working group of community-based experts and practitioners in alternative responses to calls for service, in addition to directly impacted individuals, to advise on the Pilot Program's development, training, operations, community engagement, and evaluation, including the District agencies, community-based organizations, or other entities to which individuals will be diverted pursuant to subsection (a)(2)(B) of this section; and
(4) By January 1, 2022, and every 3 months thereafter, publish, at a minimum, the following information on the Office's website:
(A) The members of the working group convened pursuant to paragraph (3) of this subsection;
(B) The Pilot Program's protocols for identifying and dispatching calls for service;
(C) The non-law enforcement agencies and community-based responders to which eligible calls for service are being dispatched; and
(D) Aggregated for that reporting period:
(i) The hours during which the Pilot Program operated;
(ii) A description of the Pilot Program's staffing internal and external to the Office and any training provided;
(iii) The expenditures for the Pilot Program, by purpose for the expenditure, amount, and source;
(iv) A list of the public events held, attended, and upcoming related to the Pilot Program;
(v) The number of calls for service eligible for diversion, broken down by day, period of time, and category of call for service;
(vi) Of those eligible calls for service identified under sub-subparagraph (v) of this subparagraph, the number of calls for service diverted, broken down by day, period of time, category of call for service, entity to which the calls for service were diverted, response time, the reason for any significant delays in response time, and outcome of the call for service, including whether anyone on the scene was:
(I) Taken into custody through arrest or other means, such as involuntary commitment;
(II) Sustained physical injuries during the response; or
(III) Connected to or provided supportive services, and the nature of those supportive services; and
(vii) Of those eligible calls for service identified under sub-subparagraph (v) of this subparagraph, if law enforcement was not initially dispatched in response to the call for service, whether the responding non-law enforcement agency personnel or community-based responders later requested a law enforcement response, and if so, the outcome of that request.
§ 1–327.54d. Telecommunicator cardiopulmonary resuscitation training requirement.
(a) The Office shall provide training in telecommunicator cardiopulmonary resuscitation ("t-CPR") to all Office call takers and dispatchers.
(b) The training required pursuant to subsection (a) of this section shall:
(1) Use protocols and scripts based on evidence-based and nationally recognized guidelines for t-CPR; and
(2) Include:
(A) Recognition protocols for out-of-hospital cardiac arrest;
(B) Compression-only cardiopulmonary resuscitation instructions; and
(C) Continuing education.
(c) For the purposes of this section, "telecommunicator cardiopulmonary resuscitation" and "t-CPR" mean the delivery of compression or ventilation instructions to callers who are reporting suspected cases of out-of-hospital cardiac arrest.
§ 1–327.55. Organization.
There are established 5 primary organizational functions in the Office as follows:
(1)(A) The Office of the Director, Office of Unified Communications shall include the staff and organizational units needed to develop plans and policies for, and oversee the execution of, the District’s radio technology, call center technology, and customer service policies and operations, and to carry out the administrative functions of the Office of Unified Communications.
(B) The administrative functions of the Office of Unified Communications shall include human resources, training, legal services, budget and financial management, procurement, facilities management, and such other general and administrative functions as the Director deems necessary to support and assist the functions and purposes of the Office of Unified Communications. The Director may provide for the execution of administrative functions either by hiring full-time personnel or by entering into memoranda of understanding with other departments and agencies of the District that provide for the sharing of administrative personnel between the departments and agencies and the Office.
(C) The Office of the Director, Office of United Communications shall also include one or more positions designated as liaisons with the agencies to ensure that the functions of the Office effectively support and coordinate with the functions of the agencies.
(2) Call Center Operations shall carry out all of the customer service functions of the Office.
(3) Radio and Call Center Technology Support Services shall provide direct assistance and support to the agencies and other departments and agencies of the District regarding the implementation and operation of radio technology and call center technology. Radio and Call Center Technology Support Services shall also provide procurement and contract oversight and assistance for radio technology and call center technology, maintain standard radio technology and call center technology contracts that all District departments and agencies may use, and manage radio technology and call center technology contracts and systems throughout the District government.
(4) Radio and Call Center Technology Technical Services shall provide support for public safety voice radio and public safety wireless base station and field devices, including voice communications, data communications, and associated network trunking equipment and appurtenances, and identify cost savings, operational efficiencies, and ways to improve radio technology and call center technology services.
(5) The Division of Development and Standards shall include the staff needed to implement a robust program of training for all employees of the Office. The training program shall be described in a training plan published by the Office that:
(A) Establishes the required minimum number of hours of annual training and the certifications required for public safety telecommunicators and public safety communications training officers;
(B) Aligns with standards established by national public safety associations recognized by the Office;
(C) Includes training on the following topics for public safety telecommunicators:
(i) Cardiopulmonary resuscitation;
(ii) Telecommunications devices for deaf individuals, including teletype; and
(iii) Stress management;
(D) Includes formalized quality assurance to identify areas in which future training would be beneficial and to ensure that existing training is effectively implemented; and
(E) Incorporates examinations for public safety telecommunicators designed to demonstrate the public safety telecommunicators' ability to utilize existing communication tools or available technologies to meet operational needs in both normal and back-up modes.
§ 1–327.56. Coordination with agencies.
(a) The Office shall enter into memoranda of understanding with the agencies, as necessary, to define the Office’s obligations to the agencies, and associated procedures and performance standards, with respect to custody and sharing of data generated in the operations of the Office, support for the agencies’ dispatch operations and priorities, production of radio transmission transcripts, the provision of customer service to the hearing impaired, and such other matters as the Office and the agencies deem appropriate.
(b) The Office shall coordinate with the Fire and Emergency Medical Services Department to cross-train, on an annual basis, public safety telecommunicators with firefighters, and emergency medical service providers.
§ 1–327.56a. Authorized use of 911.
(a) The District’s 911 call system shall be reserved exclusively for emergency calls.
(b) The Mayor shall not use the 911 call system for administrative purposes, for placing outgoing calls, or for receiving non-emergency calls.
(c) Upon March 19, 2013, the Mayor shall publicize that the 911 call system shall be used exclusively for emergency calls. Any current or future publication or outreach conducted by the Mayor related to the 911 call system shall comply with the requirements of this section.
§ 1–327.56b. Call data collection and posting.
*NOTE: This section was created by emergency legislation that will expire on June 6, 2024.*
(a) On a monthly basis, the Office shall collect and publicly post on the Office's website the number of calls eligible to be diverted and the number of calls actually diverted to:
(1) The Department of Behavioral Health Access Help Line;
(2) The District Department of Transportation, for motor vehicle collisions that do not result in an injury;
(3) The Department of Public Works ("DPW"), for parking enforcement; and
(4) The Fire and Emergency Medical Services Department ("FEMS") Nurse Triage Line.
(b) On a monthly basis, the Office shall collect and publicly post the following information on the Office's website:
(1) Descriptions of each call-handling issue, including mistaken addresses, duplicate responses, or any other error or omission reported by the Council, other agencies, the news media, OUC staff, or other sources, as well as the cause of the issue, whether the issue was sustained, and the corrective action taken by the Office;
(2) The number of shifts operated under minimum staffing levels, for call-takers, dispatchers, and supervisors, including the difference between the minimum staffing level for each role required per shift and the actual number of staff members for each role on a shift;
(3) Average and maximum call-to-answer times;
(4) Average and maximum answer-to-dispatch times;
(5) Percent of 911 calls in which call to queue is 90 seconds or less;
(6) The total number of calls;
(7) The number of calls in the queue for over 15 seconds;
(8) The number of abandoned calls, defined as any call that is disconnected before it is answered;
(9) The number and type of 911 misuse calls;
(10) The number of text-to-911 messages received;
(11) Average and maximum queue-to-dispatch and dispatch-to-arrival times for Priority 1 calls to Fire and Emergency Services ("FEMS") and Priority 1 calls to the Metropolitan Police Department ("MPD");
(12) The percentage of Priority 1 calls to FEMS and Priority 1 calls to MPD that move from queue to dispatch in 60 seconds or less;
(13) Average and maximum time of call to arrival on the scene times for Priority 1 calls to FEMS and MPD; and
(14) The percentage of emergency medical services calls that lead to dispatch of advanced life support.
(c) All data posted according to this section shall be archived and publicly posted for at least 5 years from the date of publication.
§ 1–327.56c. 311 services.
*NOTE: This section was created by emergency legislation that will expire on June 6, 2024.*
(a) No later than 180 days after March 13, 2024, the Office shall permit persons to submit requests for the following services via the District's 311 system at all times:
(1) Maintenance of porous flexible pavement sidewalks by the District Department of Transportation (by selecting "porous flexible pavement" as the material within the "Sidewalk Repair" service group);
(2) Leaf collection by the Department of Public Works ("DPW"); except, that the Office shall not be required to permit persons to submit requests for this service during seasons in which DPW does not offer this service; and
(3) Graffiti removal by DPW; except, that the Office shall not be required to permit persons to submit requests for this service during seasons in which DPW does not offer this service.
(b) No later than 180 days after March 13, 2024, the Office shall facilitate referrals and access to the relevant servicing entities for the following request-types, such as through the posting of website links or contact information, and the Office may include a disclaimer that the referral does not commit the Office to back-end work or quality assurance for completion of the service request:
(1) Maintenance of electrical wires;
(2) Maintenance of utility poles;
(3) Maintenance of fire hydrants; and
(4) Alcoholic Beverage and Cannabis Administration response to issues relating to alcohol sales, including:
(A) After-hours sales of alcohol;
(B) Breach of a settlement agreement;
(C) No Alcoholic Beverage Control ("ABC") manager on duty;
(D) Excessive noise;
(E) Operating without an ABC license;
(F) Overcrowding;
(G) Sale of alcohol to intoxicated persons;
(H) Sale of alcohol to minors; and
(I) Trash.
(c) No later than 180 days after March 13, 2024, the Office shall direct 311 system users to the National Park Service website when a user provides a property location that is under National Park Service jurisdiction.
§ 1–327.57. Rules.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this part.
(b) Repealed.
Part D. D.C. One Card.
§ 1–327.71. Definitions.
For the purposes of this part, the term:
(1) “DC One Card” means a credential issued by the District government as a single credential for purposes of accessing multiple District facilities, programs, and benefits, including public libraries, facilities of the Department of Parks and Recreation, and public schools.
(2) “Electronic chip” means a smart chip, radio frequency identification chip, or other contact or contact-less electronic media, including a Washington Metropolitan Area Transit Authority Smartrip chip, embedded in a DC One Card, to be read by participating agencies and programs for identification of the cardholder.
§ 1–327.72. Replacement fee.
A nonrefundable fee of $5 for replacement of any DC One Card that contains an electronic chip shall be collected by the agency issuing the replacement card at the point of issuance of the replacement card.
§ 1–327.73. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this part.
Subchapter XII-A. Grant Administration.
Part A. Grant Transparency.
§ 1–328.01. Grant transparency. [Repealed]
Repealed.
§ 1–328.02. Grants for planning and planning implementation purposes.
The Mayor may issue grants to individuals and organizations from local revenue, dedicated tax revenue, special purpose revenue, and capital funds in furtherance of the Mayor’s planning mission under § 1-204.23, subject to available appropriations, and subject to the provisions of § 47-368.06.
§ 1–328.02a. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of § 1-328.02.
§ 1–328.03. Voting rights and statehood grants.
Notwithstanding any other law, the Office of the Secretary of the District of Columbia may issue competitive grants to promote voting rights and statehood in the District of Columbia.
§ 1–328.04. Deputy Mayor for Planning and Economic Development grant-making authority.
(a) The Deputy Mayor for Planning and Economic Development (“Deputy Mayor”) shall have grant-making authority for the purpose of providing:
(1) Funds in support of the Skyland project;
(2) Commercial revitalization services for properties adjacent to the Skyland project;
(3) Repealed;
(4) Funds for the creation of affordable housing for District residents;
(5) Funds in support of the Retail Priority Areas (Great Streets Initiative) pursuant to subchapter IX-A of Chapter 12 of Title 2.
(6) Funds in support of the redevelopment of the St. Elizabeths East Campus Redevelopment Site, as defined in § 1-325.361; and
(7) Funds in support of the redevelopment of the Walter Reed Redevelopment Site, as defined in § 2-1227.01(17).
(b) The Deputy Mayor may make grants for fiscal year 2013 as follows:
(1) An amount of $100,000 for sector consultants;
(2) An amount of $350,000 for local business promotion;
(3) An amount of $75,000 for regional economic development;
(4) An amount of $50,000 for the Bank on DC program;
(5) An amount of up to $700,000 for the purpose of providing interior tenant improvement assistance to an entity that agrees to operate a table service restaurant at 3220 Pennsylvania Avenue, S.E., also commonly known as the Penn Branch Shopping Center; and
(6) An amount of $800,000 for the purpose of providing assistance to a mixed- use development located in Ward 7, including 100% affordable housing units supporting former Lincoln Heights residents.
(b-1)(1) The Deputy Mayor may make grants for fiscal year 2014 as follows:
(A) An amount of $100,000 for sector consultants;
(B) An amount of $350,000 for local business promotion;
(C) An amount of $75,000 for regional economic development; and
(D) An amount of $50,000 for increasing access to financial services and products to unbanked and under-banked residents.
(2) Grants made pursuant to this subsection shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of this chapter [§ 1-328.11 et seq.].
(c) In addition to the grant-making authority provided in subsection (a)(4) of this section, the Deputy Mayor shall have the authority to issue loans for the creation of affordable housing for District residents.
(d) Notwithstanding § 1-328.13, the Deputy Mayor shall have grant-making authority for the purpose of providing:
(1) Funds as may be necessary to implement projects that are part of the New Communities Initiative, as that term is defined in § 42-2802(b)(11)(B); provided, that such funds are included in the approved operating budget for the New Communities Initiative program or the approved capital budget for the New Communities Initiative project;
(2) Funds to the Washington Convention Center Marketing Fund established by § 10-1202.08a, to supplement funds included in an approved budget for marketing-service contracts pursuant to subsections (e) and (e-1) of that section;
(3) Funds to the Washington DC Economic Partnership; provided, that such funds are included in an approved budget and designated for the Washington DC Economic Partnership;
(4)(A) Funds to equity impact enterprises operating in Ward 5, 7, or 8 to increase economic or community development in an underserved area of the District;
(B) For the purposes of this paragraph, the term "equity impact enterprise" shall have the same meaning as set forth in § 2-218.02(8A);
(5) Funds to provide real property tax rebates pursuant to § 47-4665, in amount not to exceed $3 million in a fiscal year; except, that in Fiscal Year 2021, the amount shall not exceed $580,366;
(6) Beginning in Fiscal Year 2021 and annually thereafter, the Deputy Mayor shall award a grant of not less than $200,000 to an organization that advances equitable economic development by facilitating and increasing the number of procurement contracts for products and services between District-based businesses and large-scale anchor institutions, such as universities and hospitals.
(e) In addition to the grant-making authority provided in subsection (d) of this section, the Deputy Mayor shall have the authority to transfer funds to Events DC pursuant to a Memorandum of Agreement or Memorandum of Understanding between the Deputy Mayor and Events DC.
(f) Notwithstanding § 1-328.13, the Deputy Mayor for Planning and Economic Development may make a grant in Fiscal Year 2018 to the African American Civil War Memorial Freedom Foundation, Inc. in an amount not to exceed $500,000 for the purpose of redeveloping the African American Civil War Museum, located at 1925 Vermont Avenue, N.W.
(g) Notwithstanding part B of this subchapter, in Fiscal Year 2020, the Deputy Mayor for Planning and Economic Development shall award a grant to assist with capital improvements and related facility maintenance, and general operating expenses for a theatre that is a National Center for Latino Performing Arts, located in the District-owned Tivoli Building, in an amount not to exceed $1 million.
(h)(1)(A) Notwithstanding part B of this subchapter, and subject to subparagraph (B) of this paragraph and paragraph (2) of this subsection, the Deputy Mayor shall have grant-making authority to provide funds to Check It Enterprises for the acquisition of the Property to continue the current business operations of Check It Enterprises, We Act Radio, and The District Culture at the Property to serve as a community resource for the Anacostia Historic District.
(B)(i) If the purchase price of the Property is less than the amount of the grant provided pursuant to subparagraph (A) of this paragraph, Check It Enterprises shall return the amount not needed for the purchase to the District government within 10 days of the closing on the property.
(ii) Any monies returned to the District government pursuant to sub-subparagraph (i) of this subparagraph shall be deposited in the General Fund of the District of Columbia.
(2) The grant of funds provided pursuant to this subsection shall be subject to the terms of a grant agreement between the Deputy Mayor and Check It Enterprises ("Grant Agreement") that shall provide that:
(A) Upon acquisition of the Property, Check It Enterprises shall enter into a lease agreement period of no fewer than 5 years with:
(i) WE ACT Radio for that portion of the Property that WE ACT Radio currently occupies ("1918 MLK"), at a rate not to exceed the amount charged immediately preceding the acquisition and provide WE ACT Radio an option to extend the lease agreement for no fewer than 5 years at a gross rent rate that shall not exceed an increase of 5% over the rate charged under the immediately preceding agreement for as long as WE ACT Radio remains in business at 1918 MLK; and
(ii) The District Culture for that portion of the Property that The District Culture currently occupies ("1922 MLK"), at a rate not to exceed the amount charged immediately preceding the acquisition and provide The District Culture an option to extend the lease agreement for no fewer than 5 years at a gross rent rate that shall not exceed an increase of 5% over the rate charged under the immediately preceding agreement for as long as The District Culture remains in business at 1922 MLK.
(B) Check It Enterprises may enter into a contract for architectural design services, construction services, or materials needed for the development, remodel, or construction of the Property; provided that:
(i) The contract is subject to the contracting and procurement requirements under subchapter IX-A of Chapter 2 of Title 2 and subchapter X of Chapter 2 of Title 2; and
(ii) WE ACT Radio and The District Culture shall retain a Right to Return after the completion of any development, remodel, or construction of the Property.
(C) If WE ACT Radio ceases to occupy 1918 MLK or The District Culture ceases to occupy 1922 MLK, Check It Enterprises shall lease to tenants that are social enterprises a square footage that is the same or greater than that occupied by WE ACT Radio or The District Culture on December 2019.
(D)(i) If Check It Enterprises ceases to lease that portion of the Property as required in subparagraph (C) of this paragraph, uses the grant funds for an unauthorized purpose, uses the grant funds for any purpose other than the acquisition of the Property or costs and fees associated with the acquisition, or otherwise breaches the Grant Agreement, all grant funds shall be returned to the District; and
(ii) In the event of a breach by Check It Enterprises, the Deputy Mayor shall have all applicable remedies available at law or equity.
(E)(i) In the event that Check It Enterprises, or a subsidiary or affiliate of Check It Enterprises, seeks to sell or transfer the Property to a third party, the District government shall have the right of first refusal.
(ii) Check It Enterprises must notify the District government in writing before it intends to sell or transfer the Property. The District government shall have 120 days from receiving the written notice to purchase the Property at a price equal to the assessed value of the Property discounted by the sum of the grant provided pursuant to paragraph (1) of this subsection adjusted by annual inflation since the date the grant was issued.
(F) If the District government does not exercise the right of first refusal and the Property is sold or transferred to a third party, Check It Enterprises, or a subsidiary or affiliate of Check It Enterprises shall within 30 days of the Property being sold or transferred return to the District the sum of the grant provided pursuant to paragraph (1) of this subsection adjusted by annual inflation since the date the grant was issued.
(3) For the purpose of this subsection, the term:
(A) "Check It Enterprises" means Check It Enterprises LLC, a District of Columbia limited liability company at 1920 Martin Luther King Jr. Avenue, S.E., Washington, D.C., 20020.
(B) "Gross rent" means a flat rent fee that encompasses rent and all costs associated with ownership, such as taxes, insurance, and utilities.
(C) "Property" means the real property, and any structures thereon, located at 1918, 1920, and 1922 Martin Luther King Jr. Avenue, S.E., Washington, D.C., 20020, known for assessment and tax purposes as Lots 851, 852, 853 in Square 5769.
(D) "Right of first refusal" means that if an owner of a Property places or intends to place the Property for sale or to transfer the Property to a third party, the District government shall have the first right to purchase the Property.
(E) "Right to Return" means WE ACT Radio or The District Culture, or both, has the right to return to a space in the Property that is the same or greater square footage that the entity occupied on December 2019 if displaced for renovation, rehabilitation, or redevelopment of the Property.
(F) "Social enterprise" means a business whose purpose is to generate profits while simultaneously advancing a social goal, such as supporting at-risk youth and workforce development.
(G) "The District Culture" means The District Culture, LLC, a District of Columbia limited liability company, currently occupying 1922 Martin Luther King Jr. Avenue, S.E., Washington, D.C., 20020.
(H) "Third party" means an individual, firm, corporation, partnership, company, cooperative, association, trust, or any other organization, legal entity, or group of individuals. The term "third party" shall not include Check It Enterprises or a subsidiary or affiliate of Check It Enterprises.
(I) "WE ACT Radio" means Newton Media Group, LLC, a District of Columbia limited liability company, currently occupying 1918 Martin Luther King Jr. Avenue, S.E., Washington, D.C., 20020.
(i)(1) Notwithstanding § 1-328.13, in Fiscal Year 2021, the Deputy Mayor shall award a grant to a bank chartered under the laws of the District on or before March 11, 2020, in an amount of at least $1 million for purposes that:
(A) Support an equitable economic recovery for the District of Columbia; and
(B) Increase access to loans, grants, financial services, and banking products to District residents, businesses, nonprofits, and community-based organizations.
(2) A grantee who receives a grant pursuant to paragraph (1) of this subsection shall submit to the Deputy Mayor by September 30, 2021, information on the use of the grant funds, including:
(A) A description of services provided through the grant funds;
(B) The aggregate number of individuals, businesses, nonprofits, and community-based organization, by recipient type, receiving support from the grantee and the aggregate amount received, by recipient type;
(C) Except as may be prohibited by federal law, the business name and address for each business receiving support from the grantee and the amount received by each such business; and
(D) The number of homeowners receiving support from the grantee and the total amount spent to assist District homeowners.
(3) The Deputy Mayor shall provide to the Council a report based on the information required by paragraph (2) of this subsection, along with a summary analysis of the efficacy and benefits of the grants issued by the grantee, by November 1, 2021.
(j)(1) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants to eligible BID corporations, as defined by § 2-1215.02(4), and Main Street corridors supported by the Department of Small and Local Business Development for the purpose of making the area served by the BID corporation or Main Street organization ("commercial district") and the surrounding area more people-focused and engaging to attract more residents and visitors to the commercial district and surrounding area.
(2) A grant awarded pursuant to paragraph (1) of this subsection may be used to pay for the costs of:
(A) The development of neighborhood brand identities;
(B) Investments to implement neighborhood brand identities guidelines;
(C) Marketing campaigns for the commercial district and surrounding area;
(D) Wayfinding signage and resources for the commercial district and surrounding area;
(E) Training of employees who work in the commercial district;
(F) Market studies that examine visitor attraction, hotel occupancy, marketing campaigns in competitive jurisdictions, and other indicators that may inform actions that may be taken to gain market share; and
(G) Public space improvements and activation, including pedestrian priority zones in the commercial district and surrounding area.
(3) A BID corporation or Main Street organization seeking a grant under paragraph (1) of this subsection shall submit to the Deputy Mayor an application, in a form proscribed to the Deputy Mayor. The application shall include:
(A) A description of how the applicant proposes to spend the grant funds to attract visitors to its commercial district and surrounding area to shop, eat, and attend or engage in cultural and entertainment activities.
(B) A description of how the increased spending by visitors attracted through the expenditure of the grant funds will directly impact local businesses in the commercial district and surrounding area; and
(C) Any additional information requested by the Deputy Mayor.
(k) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants:
(1) To the Anacostia BID to support an art and culture district;
(2) To the Southwest Waterfront BID to support autonomous vehicle shuttles; and
(3) To the Golden Triangle BID for an innovation district.
(l)(1) Notwithstanding part B of this subchapter, and subject to the availability of funds, the Deputy Mayor shall establish the Small Business Relief Grant Program ("SBRG Program") for the purpose of supporting the reopening, recovery, and long-term viability of a small business operating in the restaurant, retail, hospitality, or entertainment sector that has incurred revenue declines, costs, or financial losses due to the impact of COVID-19 during the period beginning on April 1, 2020, through December 31, 2021, with a grant, which shall be used for:
(A) Rent;
(B) Payroll and labor;
(C) Inventory; or
(D) Operating expenses.
(2)(A) To be eligible for rent relief, a small business operating a restaurant, tavern, nightclub, entertainment venue, or retail establishment on leased property shall meet the following criteria:
(i) The restaurant, tavern, nightclub entertainment venue, or retail establishment shall be physically located in the District;
(ii)(I) The small business shall have operated the restaurant, tavern, nightclub entertainment venue, or retail establishment continuously since at least December 1, 2019, except for any interruptions required by Mayor's Orders 2020-045 and 2020-046 and subsequent public health emergency orders; or
(II) The small business shall have opened and begun operating the restaurant, tavern, nightclub entertainment venue, or retail establishment between January 1, 2020, and December 31, 2021, and remained open and operating except for any interruptions required by Mayor's Orders 2020-045 and 2020-046 and subsequent public health emergency orders;
(iii) The small business shall be in good standing with the District of Columbia's Office of Tax and Revenue;
(iv)(I) If the small business was in operation since at least December 31, 2019, the small business shall have experienced a 50% decrease in revenue during any 3-month period from April 2020 through March 2021 when compared to the same time period the year prior; or
(II) If the small business was opened and began operating between January 1, 2020, and December 31, 2021, the small business shall have incurred significant costs or losses due to the COVID-19 pandemic, as determined by the Mayor;
(v) The lease for the restaurant, tavern, nightclub entertainment venue, or retail establishment shall extend at least until December 31, 2023;
(vi) If the small business is a franchisee of a franchise with multiple locations, the business receiving assistance shall be independently owned and operated;
(vii) The small business shall not have received funding from the Restaurant Revitalization Fund established by section 5003 of the American Rescue Plan Act of 2021, approved March 11, 2021 (135 Stat. 85; 15 U.S.C. § 9009c); and
(viii) Repealed.
(ix) The small-business owner shall demonstrate that he or she will pay one-third of the amount of past due rent.
(B) In addition to the requirements set forth under subparagraph (A) of this paragraph, as part of the grant application, the landlord of a small-business owner applying to receive grants shall certify that:
(i) He or she will forgive one-third of the past due rent; and
(ii) The grant will make the business current on rent.
(3) The Mayor shall prioritize grant funding under this subsection for eligible small businesses that did not receive Paycheck Protection Program loans from the Coronavirus Aid, Relief, and Economic Security Act, approved March 27, 2020 (134 Stat. 281; 15 U.S.C. § 9001 et seq.) or section 501 of Division N of the Consolidated Appropriations Act, 2021, approved December 27, 2020 (134 Stat. 2069; 15 U.S.C. § 9058a).
(4) The Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of administering the grant program under this subsection and making subgrants on behalf of the Mayor in accordance with the requirements of this subsection.
(5)(A) The Mayor, and any third-party entity chosen pursuant to paragraph (4) of this subsection, shall, at a minimum, maintain the following information for each grant award:
(i) The name, location, and business license number of the grant recipient;
(ii) Proof of revenue declines or significant costs or losses due to the COVID-19 pandemic as required by paragraph (2)(A)(iv) of this subsection;
(iii) The date and amount, if any, of Paycheck Protection Program loans received by the small business for purposes of compliance with paragraph (3) of this subsection;
(iv) The date of the award;
(v) The intended uses of the award;
(vi) A certification of rent forgiveness by the landlord as required by paragraph (2)(B)(i) of this subsection;
(vii) Proof of the small-business owner's ability to pay a third of past due rent as required by paragraph (2)(A)(ix) of this subsection;
(viii) The award amount; and
(ix) Any other information considered necessary to implement the requirements of this section.
(B) The Mayor shall issue a report with information required to be maintained pursuant to subparagraph (A) of this paragraph to the Council no later than June 1, 2022.
(6) The Deputy Mayor may use up to 2% of the funds allocated for the grants in this subsection for administrative expenses associated with implementing the grant programs authorized in subsections (j) through (v) of this section.
(7) For the purposes of this subsection, the term "small business" means a brick-and-mortar, for-profit establishment or a sole proprietor of a business enterprise involved in the sectors described in paragraph (1) of this subsection, such as event planners, musicians, music promoters, and sound engineers, located in the District, that reports gross receipts of no more than $5 million in annual revenue in each of 2019, 2020, and 2021.
(m) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants to support the buildout or acquisition of new office and community space for the DC Center for the LGBT Community, currently located at the Frank D. Reeves Center.
(n)(1) Notwithstanding part B of this subchapter, the Deputy Mayor may award grants to attract businesses to the District, or retain businesses in the District, with a preference for attraction to or retention in the District's central business district.
(2) Grants awarded pursuant to this subsection may be used for the following purposes:
(A) As initial startup capital;
(B) To cover operational costs;
(C) As down-payment assistance or to subsidize rent;
(D) Tenant improvements;
(E) Workforce training or professional development costs not eligible for support through other workforce programs; and
(F) Recruitment and hiring costs.
(3) To be eligible to receive a grant under this subsection, a business must:
(A) Have 25 or more employees;
(B) Lease or own, or agree to lease or acquire, a physical office or business location of at least 7,000 square feet in the District and enter into an agreement with the District to remain in the leased or owned space for at least 5 years;
(C) Be in the field of cloud and computer systems, finance and insurance, the impact economy, manufacturing, food technology, technology and innovation, big data, life sciences, education, education technology, research, consulting services, professional services, marketing, or communications;
(D) Repealed.
(E) Repealed.
(F) Require its employees, in the aggregate, to be on-site at the location referred to in subparagraph (B) of this paragraph for at least 50% of their work hours; and
(G) Agree to:
(i) Develop or participate in a workforce development program that offers District residents opportunities for training or employment within the business or the industry in which it operates; or
(ii) Spend at least 5% of its total annual contracting with businesses eligible for certification as local business enterprises, pursuant § 2-218.31, during the 5-year period referred to in subparagraph (B) of this paragraph.
(o)(1) Notwithstanding part B of this subchapter the Deputy Mayor may make grants and loans for the purpose of supporting the equitable distribution of food businesses in Wards 7 and 8 and in eligible areas, including:
(A) Grants and loans to assist in the startup, growth, and long-term sustainability of food business in Wards 7 and 8 and in eligible areas; and
(B) Grants for the provision of technical assistance to food businesses and individuals seeking to establish food businesses in the District.
(2) The Deputy Mayor may issue one or more grants to a third-party grant-managing entity to issue or administer, or both, the grants and loans authorized by this subsection.
(3) For the purposes of this subsection, the term "eligible areas" shall have the same meaning as set forth in § 47-3801(1D).
(p)(1) Notwithstanding § 1-328.13, in Fiscal Year 2024, the Deputy Mayor shall have grant-making authority for the purpose of providing funds, on or before December 1, 2023, and in an amount of at least $1 million" to support District-based direct cash assistance programs or pilot programs that provide unrestricted cash assistance directly to individuals or households and that are administered by a nonprofit organization or organizations.
(2) By September 30, 2024, a grantee who has received a grant pursuant to paragraph (1) of this subsection shall submit to the Deputy Mayor information on the use of the grant funds, including a description of:
(A) The cash assistance program, including how often cash was distributed and in what amounts, and for any grant funds not yet distributed, the plan for their distribution and in what amounts;
(B) The eligibility requirements for the program or pilot, including the total number of individuals or households served;
(C) The funding structure for the program or pilot program; and
(D) Information on how the program or pilot-program participants used the cash assistance they received.
(3) By November 1, 2024, the Deputy Mayor shall provide to the Council a report based on the information required by paragraph (2) of this subsection, along with a summary analysis of the efficacy and benefits of the cash assistance issued by the grantee or grantees.
(q)(1) Notwithstanding § 1-328.13, in Fiscal Year 2022, the Deputy Mayor shall make grants to multiple Community Development Financial Institutions or Minority Depository Institutions located in the District of Columbia in an aggregate amount of up to $1 million to assist activities that support equitable economic recovery and increase access to loans, grants, technical assistance, and financial services to eligible entities.
(2) An applicant shall submit a grant application in the form and with the information required by the Deputy Mayor, which may include:
(A) An explanation of proposed activities to be supported by the grant funds; and
(B) A demonstration that the applicant has a record of success in serving small business based in the District of Columbia.
(3) Grant funds may be used:
(A) To provide technical assistance to eligible entities that have outstanding loans from the CDFI or MDI or to borrow funds from the CDFI or MDI within one year of the date of the CDFI or MDI's application for grant funds. Technical assistance shall be tailored to help ensure the success of borrowers and repayment of loans;
(B) For loan capital; provided, that the approved loan is for a business purpose;
(C) For risk capital, including loan loss reserves, loan guarantees, and cash collateral support for business loans;
(D) For administrative support for the CDFI or MDI, including the provision of technical and financial assistance; except, that the amount of grant proceeds used for this purpose may not exceed the NICRA between a CDFI and the federal government, or 10% of the grant proceeds if the CDFI does not have a NICRA in effect.
(4) By November 1, 2022, a grantee who has received a grant pursuant to paragraph (1) of this subsection shall submit to the Deputy Mayor information on the use of the grant funds, including:
(A) A description of services provided through the grant funds;
(B) The aggregate number of eligible entities receiving support from the grantee and the aggregate amount received; and
(C) Except as may be prohibited by federal law, the business name and address for each business receiving support from the grantee and the amount received by each such business.
(5) By December 1, 2022, the Deputy Mayor shall provide to the Council a report based on the information required by paragraph (4) of this subsection, along with a summary analysis of the efficacy and benefits of the use of the grant funds by the grantee.
(6) For purposes of this subsection, the term:
(A) "Community Development Financial Institution" or "CDFI" means an organization operating the District that has been certified as a community development financial institution by the federal community development institutions fund, pursuant to the Riegle Community Development and Regulatory Improvement Act of 1994, approved September 23, 1994 (108 Stat. 2160; 12 U.S.C. § 4701 et seq.).
(B) "Eligible entity" means an equity impact enterprise, as defined in § 2-218.02(8A), or a business entity that meets the definition of an equity impact enterprise.
(C) "Minority Depository Institution" or "MDI" means an organization operating in the District that qualifies as a minority depository institution pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, approved August 9, 1989 (Pub. L. No. 101-73; 103 Stat. 183).
(D) "NICRA" means a Negotiated Indirect Cost Rate Agreement, which is an agreement that estimates the indirect cost rate negotiated between the federal government and a grantee organization that reflects indirect costs and fringe benefit expenses incurred by the organization that the federal government may reimburse.
(r)(1) Notwithstanding § 1-328.13, in Fiscal Year 2022, the Deputy Mayor shall award a grant in an amount of up to $400,000 to an organization based and located in the District and founded in 2017 that is an affiliate of a national organization and that promotes and supports the growth of equity impact enterprises, as defined in § 2-218.02(8A), to provide resources for advocacy and education and the facilitation of networking opportunities.
(2) By November 1, 2022, a grantee who has received a grant pursuant to paragraph (1) of this subsection shall submit to the Deputy Mayor information on the use of the grant funds, including a description of services it provided through the grant funds.
(3) By December 1, 2022, the Deputy Mayor shall provide to the Council a report based on the information required by paragraph (2) of this subsection, along with a summary analysis of the efficacy and benefits of services provided by the grantee.
(s) For Fiscal Years 2022 and 2023, the Deputy Mayor may make grants in an aggregate amount of up to $800,000 to businesses that:
(1) Are located within the parcels, squares, and lots abutting 6th Street N.W., beginning at the intersection of 6th Street, N.W, and I Street, N.W., thence east on I Street, N.W., to its intersection with 5th Street, N.W., continuing south along 5th Street N.W., to the center line of H Street N.W., continuing west along H Street N.W., to the center line of 6th Street N.W., and the geographical boundaries set forth in the Great Streets Neighborhood Retail Priority Amendment Act of 2021, as introduced on March 31, 2021 (Bill 24-179); and
(2) Would otherwise qualify for a Great Streets Small Business grant.
(t)(1) Notwithstanding part B of this subchapter, the Mayor may make grants, loans, and other financial assistance for the purpose of supporting the reopening, recovery, and long-term viability of businesses within the restaurant, retail, and hospitality sectors, along with arts, cultural, and entertainment venues that incurred significant financial losses due to the impacts of COVID-19, and to support arts, cultural, entertainment, and other special events, including through the waiver of District government fees associated with such events.
(2) The Deputy Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of issuing or administering grants or loans authorized by this subsection on behalf of the Deputy Mayor.
(u)(1) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants to new and existing District businesses to support activities that are likely to increase the revenue of the business, result in the hiring of additional employees by the business, or to improve the short-term and long-term sustainability of the business.
(2) To be eligible for a grant pursuant to this subsection, a business must:
(A) Be eligible for certification as a local business enterprise pursuant to § 2-218.31;
(B) Be independently owned and operated, in the case of franchises;
(C) Have no more than 100 employees; and
(D) Have annual revenues less than $15 million.
(3) A grant awarded pursuant to paragraph (1) of this subsection may be used for purposes such as:
(A) Capital improvements to existing property owned or leased by the grantee;
(B) Digital technology upgrades for the grantee's business; or
(C) Acquiring or improving equipment for the grantee's business.
(4) The Deputy Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of issuing or administering grants authorized by this subsection on behalf of the Deputy Mayor.
(5) The Deputy Mayor, and any third-party entity chosen pursuant to paragraph (4) of this subsection, shall maintain a list of all grants awarded pursuant to this subsection. The list shall identify the grant recipient, date of award, and award amount.
(v)(1) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants to a District equity impact enterprise business or a business eligible to be a certified equity impact enterprise to provide down payment assistance of up to $750,000 or 25% of the sale price, whichever is less, for the acquisition of commercial property in the District.
(2) For the purposes of this section, "equity impact enterprise" shall have the same meaning as defined in § 2-218.02(8A).
(3) To be eligible for a grant pursuant to this subsection, an equity impact enterprise or business eligible to be an equity impact enterprise must:
(A) Be independently owned and operated, in the case of a franchise;
(B) Have no more than 100 employees;
(C) Have annual revenues less than $15 million; and
(D) Commit to own and operate a business in at least 25% of the leasable square footage of the acquired commercial property as a small business enterprise or business eligible to be a small business enterprise for at least 7 years.
(4) The Deputy Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of issuing or administering the grants authorized by this subsection on behalf of the Deputy Mayor.
(5) The Deputy Mayor, and any third-party grant-making entity chosen pursuant to paragraph (4) of this subsection, shall, by April 1, 2022, submit information to the Chairperson of the Committee on Business and Economic Development, that includes:
(A) An explanation of the methods used to promote the grant program;
(B) The number of grant applications received; and
(C) The number of grants awarded, including the grant recipient, award date, award amount, and property location.
(6)(A) If a grant recipient seeks to sell or transfer the commercial property within 7 years of purchase, uses the grant funds for an unauthorized purpose, uses the grant funds for any purpose other than the acquisition of the commercial property, including costs and fees associated with the acquisition, or otherwise breaches the grant agreement, the grant recipient shall return all grant funds to the District.
(B) In the event of a breach of the grant agreement by the recipient or, in the event of one the failure of the recipient to return all grant funds as required by subparagraph (A) of this paragraph, the Deputy Mayor shall have all applicable remedies available at law or equity.
(w)(1) Notwithstanding part B of this subchapter, the Mayor may make grants to housing providers to cover the costs of past due rent of District residents who are tenants of the housing providers.
(2) The Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of making and administering subgrants on behalf of the Mayor in accordance with the requirements of this subsection.
(3) For the purposes of this subsection, the term "housing provider" means a landlord or other person entitled to receive rental payments for the use or occupancy of a rental housing unit in the District.
(x)(1) The Mayor may make grants to individuals or entities, including Business Improvement Districts and Main Streets, for the purpose of creating or enhancing public spaces, exhibits, or businesses that will attract families to the Central Business District or other nearby commercial corridors.
(2) A grant awarded pursuant to paragraph (1) of this subsection may be used to support improvements to existing attractions or to create new attractions.
(3) An individual or entity seeking a grant pursuant to paragraph (1) of this subsection shall submit to the Mayor an application, in such form as is determined by the Mayor. The application shall include:
(A) In the case of an existing attraction, a description of how the applicant proposes to spend the grant funds to support improvements to the attraction;
(B) In the case of a new attraction, a description of the proposed attraction and how the applicant proposes to spend the grant funds to support the creation of the new attraction; and
(C) Any additional information requested by the Mayor.
(4) The Mayor may establish additional criteria for the award of a grant under this subsection and may set aside grants for specific purposes, such as enhancing Franklin Park as a destination and enhancing or creating family-oriented destinations.
(5) For the purposes of this subsection, the term "attraction" means an indoor or outdoor facility or space that is open to the public for cultural, recreational, or entertainment uses, including parks, museums, plazas, and recreation spaces.
(y) Notwithstanding § 1-328.13, in Fiscal Year 2023, the Deputy Mayor shall award a grant in an amount of up to $30,000 to an organization based in the District, located in Capitol Hill, and founded in 2017 whose mission is to make use of the music of jazz as a strategic tool of economic development to support performance, education, and advocacy activities.
(z) Notwithstanding § 1-328.13, in Fiscal Years 2023, 2024, 2025, and 2026, the Deputy Mayor shall award a grant in an amount of up to $250,000 to an organization located in the District near Federal Triangle that provides technical training, job placement, mentorship, and workforce development support at no cost to prepare participants for 21st century careers, such as providing web development and cloud-based training and job opportunities.
(aa)(1) Notwithstanding § 1-328.13, the Deputy Mayor shall award grants to an organization based and located in the District and founded in 2017 that is an affiliate of a national organization and that promotes and supports the growth of equity impact enterprises, as defined in § 2-218.02(8A) ("equity impact enterprises"), as follows:
(A) In Fiscal Year 2023, in an amount of up to $500,000, for the development of a locally owned and developed mobile application and website platform that will facilitate the delivery of local goods and products, of which at least 50% will be goods and products sold by equity impact enterprises.
(B) On a recurring basis throughout the approved Fiscal Year 2023 Budget and Financial Plan, in an amount of up to $400,000, to provide resources for advocacy and education and the facilitation of networking opportunities.
(2) By November 1, 2024, a grantee who has received a grant pursuant to paragraph (1)(A) of this subsection shall submit to the Deputy Mayor and the Council information on the use of the grant funds, including a description of the mobile application and website platform.
(3)(A) A grantee who has received a grant pursuant to paragraph (1)(B) of this subsection shall provide to the Deputy Mayor an annual report on the use of grant funds, including a description of the services provided through the grant funds.
(B) The Deputy Mayor shall provide to the Council an annual report based on the information required by subparagraph (A) of this paragraph, along with a summary analysis of the efficacy and benefits of services provided by the grantee.
(bb)(1) Notwithstanding part B of this subchapter, beginning in Fiscal Year 2023 and on a recurring basis thereafter, the Deputy Mayor shall award one or more grants in a total amount of up to $200,000 to support one or more organizations in providing advice and resources to member businesses.
(1A) To be eligible for a grant under paragraph (1) of this subsection, an organization shall be:
(A) A membership-driven organization located on Connecticut Avenue, NW, founded in 1976, that promotes economic development in the District by supporting Latino and other minority-owned businesses; or
(B) A not for-profit membership organization located on Columbia Road, NW, created to support the advancement of the Hispanic construction community.
(2) A grantee who has received a grant pursuant to paragraph (1) of this subsection shall provide to the Deputy Mayor an annual report on the use of the grant funds, including a description of services provided through the grant funds.
(3) The Deputy Mayor shall provide to the Council an annual report based on the information required by paragraph (2) of this subsection, along with a summary analysis of the efficacy and benefits of services provided by the grantee.
(cc)(1) Notwithstanding part B of this subchapter, the Mayor may, subject to paragraph (2) of this subsection, make grants to a program administrator selected by the Mayor for the purpose of managing the State Small Business Credit Initiative Venture Capital Program, established in § 2-1210.81, for the purpose of making investments in businesses and start-ups in the District in the form of loans and equity investments to provide additional access to capital to support and grow the District's economy.
(2) A grant made pursuant to paragraph (1) of this subsection shall comply with the requirements of the State Small Business Credit Initiative Act of 2010, approved September 27, 2010 (Pub. L. No. 111-240; 124 Stat. 2504) ("SSBCI Act"), if any portion of the funding for the grant is made from funds provided to the District by the federal government pursuant to the SSBCI Act.
(ee) [Expired. March 1, 2024, Temporary Law 25-32, § 2].
(ff) [Expired. March 1, 2024, Temporary Law 25-32, § 2].
(gg) Notwithstanding part B of this subchapter, in Fiscal Year 2024, the Deputy Mayor shall issue a grant of $3 million to the Ford's Theatre to support its capital project to construct an education and community center on 10th Street, NW.
(hh) Retail Recovery Grant Program.
(1) In Fiscal Year 2024, the Deputy Mayor shall establish a Retail Recovery Grant Program to provide economic support to eligible businesses located in in the Downtown BID, as defined in § 2-1215.51(b), or in the Golden Triangle BID, as defined in § 2-1215.52(b).
(2) An eligible business shall be a business enterprise opening or expanding in a retail or commercial space that has been vacant for at least 6 months prior to the date the grantee submits the grant application.
(3) A retail recovery grant shall be used for activities and costs related to sustaining and growing the business, such as staff costs, capital improvements, rent, marketing, inventory and supplies, operations, and utilities; except, that no amount of the grant shall be used for executive salaries or bonuses.
(4) Notwithstanding part B of this subchapter, at least 20% of the total grant funds disbursed may be distributed through a non-competitive grant process and shall be set aside for at least one applicant that:
(A) Is, or is eligible to be, a resident-owned business, as defined in § 2-218.02(15), and a small business enterprise as defined in § 2-218.02(16); and
(B)(i) Is at least 51% owned by a woman or a majority of women; or
(ii) Is, or is eligible to be, a disadvantaged business enterprise, as that term is defined in § 2-218.02(5).
(5) The Deputy Mayor shall endeavor to award at least one grant to an eligible business operating a child care center, supermarket, or urgent care center.
(6) For the purposes of this subsection, the term "retail" includes child care centers, supermarkets, and urgent care centers.
§ 1–328.04a. Rules.
The Mayor may, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement § 1-328.04.
§ 1–328.05. Workforce job development grant-making authority.
(a) The Director of the Department of Employment Services (“DOES”) may issue grants in accordance with applicable federal and District law to individuals and organizations from the funds made available to the DOES pursuant to local appropriations or, in coordination with the Workforce Investment Council, pursuant to the federal Workforce Investment Act of 1998, approved August 7, 1998 (112 Stat. 936; 29 U.S.C. § 2822), for workforce development purposes, including increasing occupational skills, job retention, employment opportunities, and earnings of the District’s workforce pursuant to:
(1) Section 32-242;
(2) Section 32-243;
(3) Section 32-752;
(4) Sections 32-1331 and 32-1332; and
(5) Section 32-1610.
(b) Notwithstanding the provisions of § 47-368.06, grants that may be issued pursuant to this section include grants that the Mayor, Director of the DOES, or an agency receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from an agency lacking grant-making authority.
(b-1)(1) In addition to the notice required pursuant to § 1-328.13(c), before making or issuing a grant pursuant to this section, DOES shall:
(A)(i) Issue a request for applications ("RFA"), which shall remain open for at least 30 days; and
(ii) Beginning no later than the date the RFA is issued, post the RFA on the homepage of its website and widely advertise the RFA through public means, including social media;
(B) Host a pre-application conference at least 14 days after the release of the RFA, at least 7 days before the deadline for submitting a Letter of Intent, if required, and at least 14 days before the deadline for submitting an application;
(C) Verify an applicant's reported past performance and statements of receiving prior funding for similar work; and
(D) Notwithstanding § 1-328.14(1), and before issuing an award selection notice, notify each applicant whose application was not selected for award, in writing, and include copies of the reviewers' evaluations and comments.
(2)(A) A grant reviewer for grants issued pursuant to this section may not have a financial or personal relationship with any applicant in the competition the reviewer is judging and shall recuse him or herself from any competition in which such a relationship exists.
(B) A grant reviewer shall complete a conflict of interest form indicating the nature of any financial or personal relationships with any applicant in a grant competition the reviewer is judging.
(3) Whenever possible, DOES shall conduct site visits and interviews with identified grant finalists before making or issuing an award.
(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this section.
(d) By July 30, 2013, the Director of DOES shall submit to the Council a report providing an analysis of, and corrective actions for any problems pertaining to, the following issues related to contracting and procurement processing with DOES:
(1) The procedures through which DOES processes and issues grants;
(2) The average timeframe in which a contract is processed; and
(3) The common delays to grant issuance.
(e) The DOES shall:
(1) Post on its website all executed grant agreements in full, without redactions; and
(2) Quarterly transmit to the Council unredacted grantee performance evaluations and completed monthly status report forms.
Part B. Grant Administration.
§ 1–328.11. Definitions.
For the purposes of this part, the term:
(1) “Candidate” shall have the same meaning as provided in § 1-1161.01(6).
(2) “Contribution” shall have the same meaning as provided in § 1-1161.01(10).
(3) “Covered recipient” means:
(A) An elected District official who is or could be involved in influencing or approving the award of a grant;
(B) A candidate for elective District office who is or could be involved in influencing or approving the award of a grant;
(C) A political committee affiliated with a District candidate or elected District official described in subparagraphs (A) and (B) of this paragraph;
(D) A constituent-service program or fund, or substantially similar entity, controlled, operated, or managed by:
(i) An elected District official who is or could be involved in influencing or approving the award of a grant; or
(ii) A person under the supervision, direction, or control of an elected District official who is or could be involved in influencing or approving the award of a grant;
(E) A political party; or
(F) An entity or organization:
(i) That a candidate or elected District official described in subparagraphs (A) and (B) of this paragraph, or a member of his or her immediate family, controls; or
(ii) In which a candidate or elected District official described in subparagraphs (A) and (B) of this paragraph has an ownership interest of 10% or more.
(4) “Election” shall have the same meaning as provided in § 1-1161.01(15).
(5) “Grant” means financial assistance to a person to support or stimulate the accomplishment of a public purpose as defined by the law that authorizes the grant; provided, that the organization, not the District, defines the specific services, the service levels, and the program approach for carrying out the grant.
(6) “Grant program” means the management or administration by a grantor of grant-making or grant-issuing authority as covered by this part.
(7) “Grantee” means a person that receives funds under a grant program.
(8) “Grantor” means a District agency, board, commission, instrumentality, or program designated by law as the grant-managing entity for a grant program.
(9) “Immediate family” shall have the same meaning as provided in § 1-1161.01(26).
(10) “Person” shall have the same meaning as provided in § 1-1161.01(42).
(11) “Political committee” shall have the same meaning as provided in § 1-1161.01(44).
(12) “Political party” shall have the same meaning as provided in § 1-1161.01(45).
§ 1–328.12. Applicability of requirements on grants.
Notwithstanding any other provision of law, and except where the law establishing authority for the grant exempts or modifies the requirements of this part by specific reference, any grant-making or grant-issuing authority established by District law shall be administered pursuant to the requirements of this subchapter.
§ 1–328.13. Requirements for award of grants.
(a) Any grant of $50,000 or more that is made pursuant to an authority described in § 1-328.12 shall be awarded on a competitive basis and solely for the purpose or purposes identified in the statute establishing the grant-making or grant-issuing authority, unless a non-District entity that provides funds to the District to award as grants has rules or requirements that prohibit or otherwise limit competition.
(b) Before providing notice of the availability of grant funds as required by subsection (c) of this section, a grantor shall establish criteria or standards for the selection of a grantee or grantees under the grant program, and shall set priorities among those criteria or standards.
(c) A grantor shall publish notice in the District of Columbia Register for a minimum of 14 days in advance of making or issuing a grant of the following:
(1) A detailed description of the availability of grant funds, including the amount, the number of likely grant awards to be made, and any limitations or requirements on the use of such grant funds;
(2) Eligibility requirements for receiving funds under the grant program, including the requirements in § 1-328.14;
(3) Selection criteria for the awarding of funds under the grant program;
(4) A description of the application process under the grant program, including the date after which applications will no longer be received; and
(5) The date that final determination of grant awards will be made.
§ 1–328.14. Requirements for administration of grant programs.
A grantor administering a grant program covered by this part shall:
(1) Within 45 days from the closing date of the grant application process, provide notification to all applicants of the acceptance or rejection of their applications for the grant funds; and
(2)(A) Maintain records of any written communications as well as a description of any other communications, including telephonic or face-to-face communications, between the grantor and any District government official or staff regarding:
(i) The development of the selection criteria or eligibility requirements;
(ii) Selection by the grantor of a grantee; or
(iii) Issues with a grantee’s compliance with grant-program requirements.
(B) Records required under this paragraph shall be provided, upon request, within a reasonable time, to the Mayor, or his or her designee, or to a member of the Council.
§ 1–328.15. Eligibility requirements for receiving grants.
(a) In addition to any other eligibility requirements provided under the enabling statute of the grant program, to be eligible to receive funds under a grant program covered by this part, an individual or entity must be current on all taxes and liabilities owed to the District, or have a plan to resolve such taxes and liabilities that is satisfactory to the grantor.
(b) Before a person may receive a grant under this part, that person shall provide the District with a sworn statement, under penalty of perjury, that to the best of the person’s knowledge, after due diligence, the person is in compliance with subsections (c) and (d) of this section and is therefore eligible to receive a grant.
(c)(1) A person that makes a contribution or solicitation for contribution to a covered recipient shall be ineligible to receive a grant from the District valued at $100,000 or more during the time period set forth in subsection (d) of this section.
(2) The District shall not award a grant valued at $100,000 or more to a person that is ineligible to receive a grant under paragraph (1) of this subsection during the time period set forth in subsection (d) of this section.
(d)(1) For contributions made to persons described under § 1-328.11(3)(A), (B), or (C), a person is ineligible to receive a grant under this part beginning on the date the contribution or solicitation for contribution was made and continuing for one year after the general election for which the contribution or solicitation for contribution was made, whether or not the contribution was made before the primary election.
(2) For contributions made to persons described under § 1-328.11(3)(D), (E), or (F), a person is ineligible to receive a grant under this part beginning on the date the contribution or solicitation for contribution was made and continuing for 18 months after that date.
§ 1–328.16. Reporting requirements.
Beginning in 2014, a grantor managing a grant program covered by this part shall submit a report to the Mayor and the Council by November 1 of each year containing the following information:
(1) All funds allocated pursuant to a grant program in the previous fiscal year;
(2) The type of services and a timeline for delivery of services for the grant; and
(3) Performance measures and performance outcomes for each grant issued during the previous fiscal year.
§ 1–328.17. Grant transparency.
To ensure a transparent process for issuing and managing grants, the Office of Partnerships and Grants Development shall establish uniform guidelines for the application for and reporting on grants received from District government entities. The guidelines shall include a description of the project scope, budget, program activities, timelines, performance, and any appropriate financial information.
Subchapter XIII. Acceptance of Gifts and Donations.
§ 1–329.01. Acceptance of gifts and donations.
(a)(1) An entity of the District of Columbia government may accept and use a gift or donation during fiscal year 2003 and any subsequent fiscal year if—
(A) the Mayor approves the acceptance and use of the gift or donation (except as provided in paragraph (2) of this subsection); and
(B) the entity uses the gift or donation to carry out its authorized functions or duties.
(2) The Council of the District of Columbia and the District of Columbia courts may accept and use gifts without prior approval by the Mayor.
(b) Each entity of the District of Columbia government shall keep accurate and detailed records of the acceptance and use of any gift or donation under subsection (a) of this section, and shall make such records available for audit and public inspection.
(c) For the purposes of this section, the term “entity of the District of Columbia government” includes an independent agency of the District of Columbia and the District of Columbia Public Libraries.
(d) Repealed.
(d-1) This section shall not apply to the Public Charter School Board, which may accept and use gifts to the Public Charter School Board without prior approval by the Mayor.
(e) This section shall not apply to the Board of Library Trustees, which may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the District of Columbia Public Library without prior approval by the Mayor.
(f) This section shall not apply to the Commission on the Arts and Humanities, which may, pursuant to the laws and regulations of the District of Columbia, accept and use gifts to the Commission on the Arts and Humanities without prior approval by the Mayor.
Subchapter XIV. Mayor’s Official Residence.
Part A. Official Residence Commission.
§ 1–331.01. Findings.
The Council of the District of Columbia finds that:
(1) The District of Columbia is the nation’s capital and an international showcase.
(2) The Mayor of the District of Columbia serves as the highest elected official at both the state and local levels.
(3) Each of the 50 states in the United States provides an official residence for its top executive government official, the governor, for the purpose of serving as: an official state residence; a suitable official location for entertaining and honoring state, national, and international guests, as well as its own distinguished citizens; and an official location that houses and displays cherished memorabilia of the state’s cultural and social history.
(4) An official residence is also provided for the mayors of major cities in the United States, including Detroit, New York, and Los Angeles.
(5) The mayors of cities that serve as the capitals of other nations are also provided with an official residence, including London, England and Paris, France.
(6) The Mayor of the District of Columbia should have a residence suitable to entertain and honor citizens, businesses, local and federal officials, and the many official guests and distinguished persons who visit the District each year from other cities, states, and nations.
(7) After 25 years of limited home rule, it is time to establish an official residence of the Mayor of the District of Columbia.
§ 1–331.02. Definitions.
For the purposes of this subchapter, the term:
(1) “Commission” means the Mayor’s Official Residence Commission established pursuant to this subchapter.
(2) “Official residence” means the land and improvements where the Mayor has the exclusive right to live during the Mayor’s term of office, and which shall be exempt from property taxes.
(3) “Substantial nongovernment in-kind contributions” means any service reasonably valued at more than $5,000 which is received from any source other than the District government.
§ 1–331.03. Mayor’s Official Residence Commission — establishment; duties.
(a) There is established a Mayor’s Official Residence Commission with the purpose of preparing recommendations to the Council and the Mayor on the most appropriate site in the District to establish the Mayor’s official residence and on the most cost-effective methods of financing the acquisition, renovation, and maintenance of the official residence.
(b) The Commission shall:
(1) Explore the appropriateness and cost of using property under the District’s jurisdiction that is located at 921 Pennsylvania Avenue, S.E. (Square 0948, Lots 802 and 803), for use as the official residence upon the expiration of the current lease of this property in June 2002;
(2) Compare the appropriateness and cost of using the property identified in paragraph (1) of this subsection as the official residence with the appropriateness and cost of using other properties already owned or to be acquired by the District or another entity for this purpose; and
(Square 0948, Lots 802 and 803), for use as the official residence upon the expiration of the current lease of this property in June 2002;
(3) Develop a plan for raising the funds necessary for the acquisition, renovation, and maintenance of the most appropriate property for use as the official residence.
(c)(1) The Commission shall submit its recommendations in the form of a report to the Council and the Mayor within 180 days of the appointment of a majority of its members. The report shall include the information, comparative analysis, and plan required by subsections (a) and (b) of this section, along with specific recommendations on the actions and timetables for such actions that are necessary to establish an official residence of the Mayor. The report shall be accompanied by any draft executive orders, or proposed legislation, regulations, or amendments to existing statutes or regulations, including this subchapter, which may be necessary to implement the recommendations.
(2) Prior to the issuance of this report, the Commission shall conduct not less than one public forum or hearing, at which comments are invited from the public, and for which 15 days prior notice is provided in the District of Columbia Register and to the Mayor, the Council, and each Advisory Neighborhood Commission. A copy of all written comments provided to the Commission by the public shall be submitted by the Commission to the Council and the Mayor.
§ 1–331.04. Mayor’s Official Residence Commission — composition; compensation; quorum.
(a) The Commission shall be composed of 9 voting members. Four public citizen members including the chairperson of the Commission shall be appointed by the Chairman of the Council, 3 public citizen members shall be appointed by the Mayor, and 2 ex officio members shall be the District’s Chief Property Management Officer and Director of the Office of Planning who each may designate from time to time a staff representative to perform the ex officio member’s responsibilities. A majority of the members shall be required to be District residents. All appointments shall be made within 15 days of the October 21, 2000. A vacancy shall be filled in the same manner in which its initial appointment was made.
(b) Each public citizen member of the Commission shall serve without compensation and shall not be entitled to reimbursement for actual and necessary expenses incurred in the performance of the Commission’s duties.
(c) The chairperson of the Commission, or the chairperson’s designated representative who shall be a member of the Commission, shall convene all meetings of the Commission. The chairperson shall convene the first meeting of the Commission not later than 15 days after all appointments have been made. The Commission shall meet not less often than once a month.
(d) A majority of the members of the Commission shall constitute a quorum. Voting by proxy shall not be permitted, but meetings and votes by teleconference or other electronic means shall be permitted. A written summary shall be prepared of all meetings at which a vote is taken, which shall be made available to the public upon request.
(e) The Commission may request from any department, agency, or instrumentality of the District government, including independent agencies and receiverships, any information necessary to carry out the provisions of this subchapter. Each department, agency, instrumentality, independent agency, or receivership shall cooperate with the Commission and provide any information, in a timely manner, that the Commission requests to carry out the provisions of this subchapter.
(f) The Mayor shall provide administrative and technical support, office space, staff, supplies, and other resources needed by the Commission to carry out the provisions of this subchapter.
(g) The Commission may solicit, receive, accept, and expend contributions or grants from private or federal sources to carry out the provisions of this subchapter. Any Commission solicitation, receipt, acceptance, or expenditure of contributions or grants from private sources shall not be subject to appropriation. The Commission shall keep a record, available to the public for inspection, of all private contributions or grants and any substantial nongovernment in-kind contributions received. The record shall include the full name, address, and occupation or type of business of each donor.
(h) The Commission may enter into contracts, for which sufficient appropriations or other public or private funding is available and provided, with federal or state agencies, private firms, institutions, or individuals to conduct research or surveys, prepare appraisals or reports, or perform other activities necessary to the discharge of its duties.
(i) The Commission may establish such advisory groups, committees, or subcommittees, consisting of members or nonmembers, as it deems necessary to carry out the purposes of this subchapter.
(j) No District laws, rules, or orders governing administrative procedures, conflict of interest, financial disclosure, employment, or procurement shall apply to the Commission in its expenditure of non-local funds, except as provided in this subchapter.
§ 1–331.05. Selection of official residence.
Within 60 days of the submission of the Commission’s report to the Council and the Mayor, the Mayor shall propose the selection of a property to be used as the official residence and submit the proposed selection to the Council with a proposed resolution of approval. The proposed resolution shall specify, if applicable, the proposed methods of acquiring, renovating, and maintaining the property as the official residence. The Council or a committee of the Council shall hold a public hearing on the proposed resolution. If the Council does not approve or disapprove the proposed resolution within 90 calendar days, excluding days of Council recess, the proposed resolution shall be deemed disapproved.
Part B. Designation of Mayor’s Official Residence.
§ 1–331.10. Designation of Casey Mansion as Mayor’s Official Residence.
(a) On June 5, 2001, the Council of the District of Columbia adopted the Mayor’s May 3, 2001 recommendation (PR 14-179) to accept and approve the proposal of the Eugene B. Casey Foundation, as set forth in a February 26, 2001 letter to the Mayor from Mrs. Eugene B. Casey, to designate the site at 1801 Foxhall Road, N.W., as the official residence of the Mayor of the District of Columbia (“Casey Mansion Proposal”). The Casey Mansion Proposal provides that the Casey Mansion Foundation, which has already acquired the property at 1801 Foxhall Road, N.W., would be endowed with sufficient private resources to build and maintain, in perpetuity, all operating costs for the buildings and grounds of the official Mayor’s residence, including furnishings, housekeeping, insurance, landscaping, maintenance, security, staffing, and utilities.
(b) Prior to the issuance of any building permit for an official Mayor’s residence at 1801 Foxhall Road, N.W., the Mayor shall require that the Casey Mansion Proposal is memorialized in a document signed by representatives of the Mayor and the Eugene B. Casey Foundation or other foundation established to own, build, or maintain the Casey Mansion, which is provided to the Council and made available to the public, and which sets forth the specific terms and any conditions of the Casey Mansion Proposal, including the rights and obligations of each party, and including but not limited to information on:
(1) The amount of funds and other assets set aside for the Casey Mansion Proposal;
(2) The bylaws and members of the board of directors of the Eugene B. Casey Foundation and of any other entity or foundation that will own, build, and maintain the Casey Mansion;
(3) The amount of funds donated by the Eugene B. Casey Foundation for trees in the District, and confirmation that the amount for trees is a separate gift not tied to the District’s acceptance of the Casey Mansion Proposal;
(4) Whether the amount of funds set aside for the Casey Mansion Proposal includes funds to cover annual property tax revenue that is foregone due to ownership of the 1801 Foxhall Road, N.W., property by a nonprofit organization;
(5) Annual public financial disclosure reporting requirements associated with expenditures and sources of funds for operations of the Casey Mansion;
(6) How open and accessible the Casey Mansion buildings and grounds will be to the public; and
(7) Ensuring that the construction and operation of the Casey Mansion complies with all applicable local laws and regulations.
Subchapter XV. Miscellaneous.
§ 1–333.01. Pleuropneumonia.
Whenever any contagious, infectious, or communicable disease affecting domestic animals or live poultry, and especially the disease known as pleuropneumonia, shall be brought into or shall break out in the District of Columbia, it shall be the duty of the Council of said District to take measures to suppress the same promptly and to prevent the same from spreading; and for this purpose the said Council is empowered to order and require that any premises, farm, or farms where such disease exists, or has existed, be put in quarantine; to order all or any animals coming into the District to be detained at any place or places for the purpose of inspection and examination; to prescribe regulations for and to require the destruction of animals or live poultry affected with contagious, infectious, or communicable disease, and for the proper disposition of their hides and carcasses; to prescribe regulations for disinfection, and such other regulations as they may deem necessary to prevent infection or contagion being communicated, and shall report to the Secretary of Agriculture whatever it may do in pursuance of the provisions of this section.
§ 1–333.02. Inspector of Asphalts and Cements; limitation upon compensation and services.
The Inspector of Asphalts and Cements shall not receive or accept compensation of any kind from or perform any work or render any services of a character required of him officially by the District of Columbia to any person, firm, corporation, or municipality other than the District of Columbia.
§ 1–333.03. Director of the Department of General Services. [Repealed]
Repealed.
§ 1–333.04. Agents of the Director of the Department of General Services. [Repealed]
Repealed.
§ 1–333.05. Duties of Municipal Architect. [Repealed]
Repealed.
§ 1–333.06. Appropriations for printing schedules or lists of supplies and materials.
No part of any appropriation for the District of Columbia, except for public schools, shall be expended for printing or binding a schedule or list of supplies and materials for the furnishing of which contracts have been or may be awarded.
§ 1–333.07. Authority to grant additional compensation.
Authority is hereby granted to the Secretary of the Interior and the President of the United States, in their discretion, to grant additional compensation at rates not to exceed those prevailing without regard to the provisions of §§ 1341, 1342 and 1349 to 1351 and subchapter II of Chapter 15 of Title 31, United States Code, additional compensation at rates not to exceed those prevailing in the District of Columbia for similar or comparable employment to each employee in or under the National Capital Parks and the Executive Mansion Grounds, whose compensation is fixed and adjusted from time to time by a wage board, or whose compensation is fixed without reference to Chapter 51 and subchapter III of Chapter 53 of Title 5, United States Code relating to the classification of government employees and related matters, or whose compensation is limited or fixed specifically by the provisions of the District of Columbia Appropriation Act, 1952.
§ 1–333.08. Authority for transporting children of certain employees in District-owned vehicles.
The Mayor of the District of Columbia is authorized to utilize District-owned vehicles for transportation of children of employees of the District of Columbia government residing at Children’s Center between Children’s Center and Laurel, Maryland.
§ 1–333.09. Reception of eminent persons; appropriation authorized.
(a) There is authorized to be appropriated an amount not to exceed $100,000 in any fiscal year for expenses as the Mayor of the District of Columbia shall deem to be necessary, including personal services, for the reception and entertainment (including ceremonial gifts) of officials of foreign, state, local, or federal governments and other dignitaries and eminent persons visiting in or returning to the District of Columbia, or for the reception or entertainment of officials of foreign, state, local, or federal governments when the Mayor is visiting any other jurisdiction in his or her official capacity.
(b) There is authorized to be appropriated an amount not to exceed $100,000 in any fiscal year for expenses as the Council of the District of Columbia shall deem to be necessary, including personal services, for the reception and entertainment (including ceremonial gifts) of officials of foreign, state, local, or federal governments and other dignitaries and eminent persons visiting in or returning to the District of Columbia, or for the reception or entertainment of officials of foreign, state, local, or federal governments when any Councilmember is visiting any other jurisdiction in his or her official capacity.
(b-1) The Mayor and Council may accept, administer, and use gifts or donations for the purpose of aiding, facilitating, and promoting the conduct of ceremonies in the District, including personal services, for the reception and entertainment, including ceremonial gifts, of officials of foreign, state, local, or federal governments and other dignitaries and eminent persons visiting or returning to the District, or for the reception or entertainment of officials of foreign, state, local, or federal governments when the Mayor is visiting any other jurisdiction in his or her official capacity.
(c) For purposes of this section, the term “dignitary” or “eminent person” means a person other than a government official, who is of high rank or attainment in his or her occupation or who has performed extraordinary service to, or has significantly contributed to the welfare of, the citizens of the District of Columbia.
(d) Any amounts appropriated for expenses under this section shall be subject to audit and accounted for in the same manner as any other District of Columbia government funds used for governmental purposes.
(e) The Secretary of the District of Columbia and the Secretary to the Council of the District of Columbia shall issue annual reports, which shall be made available to the public and which shall include an itemization of each disbursement under this section by the Mayor of the District of Columbia and by the Council of the District of Columbia, respectively. Records of disbursements under this section shall be retained for not less than 5 years.
§ 1–333.10. Discretionary funds.
(a) The Mayor of the District of Columbia, the Chairman of the Council of the District of Columbia, the Chief Judge of the District of Columbia Court of Appeals, the Chief Judge of the Superior Court of the District of Columbia, the Executive Officer of the District of Columbia Courts, the Attorney General for the District of Columbia, the Chief Financial Officer of the District of Columbia, the Chancellor of the District of Columbia Public Schools, the City Administrator, the Executive Director of the District of Columbia Public Library, and the President of the University of the District of Columbia are authorized to provide for the expenditure, within the limits of specified annual appropriation, of funds for appropriate purposes related to their official capacities as they may respectively deem necessary, including for official reception and representation activities. A determination to authorize such expenditures made by one of the foregoing officials shall be final and conclusive, and a certification by such official shall be sufficient voucher for an expenditure of appropriations pursuant to this section.
(b) At the end of each fiscal year, each official authorized to expend appropriations under this section shall provide an itemized accounting of these appropriations, which shall include the purposes for which all expenditures are made, in the form of an annual report, for presentation to the Mayor and the Council, and which shall be made available for public inspection.
(c) This section may be cited as the “Discretionary Funds Act of 1973”.
§ 1–333.11. Imposition of fee for delivery of bad check in payment of obligation due District of Columbia; amount of fee; manner of collection; exception. [Repealed]
Repealed.
§ 1–333.12. Grant transparency. [Transferred]
Recodified as § 1-328.01.
Subchapter XVI. Divestment, Prohibition on Investment of Certain Public Funds.
Part A. Sudan.
§ 1–335.01. Definitions.
For the purposes of this part, the term:
(1) “Active Business Operations” means all Business Operations that are not Inactive Business Operations.
(2) “Business Operations” means engaging in commerce in any form in Sudan, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
(3) “Company” means any sole proprietorship, for-profit or nonprofit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for for-profit or nonprofit purposes.
(4) “Complicit” means taking actions during any preceding 20-month period which have directly supported or promoted the genocidal campaign in Darfur, including preventing Darfur’s victimized population from communicating with each other, encouraging Sudanese citizens to speak out against an internationally approved security force for Darfur, or actively working to deny, cover up, or alter the record on human rights abuses in Darfur.
(5) “Direct Holdings” in a company means all securities of that company held directly by the Public Fund or in an account or fund in which the Public Fund owns all shares or interests.
(6) “Government of Sudan” means the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006 (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan. The term “Government of Sudan” shall not include the regional government of southern Sudan.
(7) “Inactive Business Operations” means the mere continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such purpose.
(8) “Indirect Holdings” in a company means all securities of that company held in an account or fund, such as a mutual fund, managed by one or more persons not employed by the Public Fund, in which the Public Fund owns shares or interests together with other investors not subject to the provisions of this part.
(9) “Marginalized Populations of Sudan” include the portion of the population in the Darfur region that has been genocidally victimized; the portion of the population of southern Sudan victimized by Sudan’s North-South civil war; the Beja, Rashidiya, and other similarly underserved groups of eastern Sudan; the Nubian and other similarly underserved groups in Sudan’s Abyei, Southern Blue Nile, and Nuba Mountain regions; and the Amri, Hamadab, Manasir, and other similarly underserved groups of northern Sudan.
(10) “Military Equipment” means:
(A) Weapons, arms, military supplies, and equipment that readily may be used for military purposes, including radar systems or military-grade transport vehicles; or
(B) Supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan.
(11) “Mineral Extraction Activities” include exploring, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc, and facilitating such activities, including by providing supplies or services in support of such activities.
(12)(A) “Oil-Related Activities” include:
(i) Owning rights to oil blocks;
(ii) Exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading of oil;
(iii) Constructing, maintaining, or operating a pipeline, refinery, or other oil-field infrastructure; and
(iv) Facilitating such activities, including by providing supplies or services in support of such activities.
(B) The mere retail sale of gasoline and related consumer products shall not be considered Oil-Related Activities.
(13) “Power Production Activities” means any Business Operations that involve a project commissioned by the National Electricity Corporation of Sudan or other similar Government of Sudan entity whose purpose is to facilitate power generation and delivery, including establishing power-generating plants or hydroelectric dams, selling or installing components for the project, providing service contracts related to the installation or maintenance of the project, and facilitating such activities, including by providing supplies or services in support of such activities.
(14) “Public Fund” means the assets of the District of Columbia Retirement Board, the Board of Trustees in charge of the District of Columbia Retirement Board.
(15) “Scrutinized Company” means a company, other than a Social Development Company which is not complicit in the Darfur genocide, that meets the criteria set forth in any of the following subparagraphs:
(A)(i) The company has Business Operations that involve contracts with, or provision of supplies or services, to:
(I) The Government of Sudan;
(II) Companies in which the Government of Sudan has any direct or indirect equity share;
(III) Government of Sudan-commissioned consortiums or projects; or
(IV) Companies involved in Government of Sudan-commissioned consortiums or projects; and
(ii)(I)(aa) More than 10% of the company’s revenues or assets linked to Sudan involve Oil-Related Activities or Mineral Extraction Activities;
(bb) Less than 75% of the company’s revenues or assets linked to Sudan involve contracts with, or provision of Oil-Related or Mineral Extracting products or services to, the regional government of southern Sudan or a project or consortium created exclusively by that regional government; and
(cc) The company has failed to take Substantial Action; or
(II)(aa) More than 10% of the company’s revenues or assets linked to Sudan involve Power Production Activities;
(bb) Less than 75% of the company’s Power Production Activities include projects whose intent is to provide power or electricity to the Marginalized Populations of Sudan; and
(cc) The company has failed to take Substantial Action;
(B) The company is complicit in the Darfur genocide;
(C) The company supplies Military Equipment within Sudan, unless it clearly shows that the Military Equipment cannot be used to facilitate offensive military actions in Sudan or the company implements rigorous and verifiable safeguards to prevent use of that equipment by forces actively participating in armed conflict, including, through post-sale tracking of the equipment by the company, certification from a reputable and objective third party that the equipment is not being used by a party participating in armed conflict in Sudan, or sale of the equipment solely to the regional government of southern Sudan or any internationally recognized peacekeeping force or humanitarian organization.
(16) “Scrutinized Companies List” means a list of Scrutinized Companies compiled in accordance with § 1-335.02.
(17) “Social Development Company” means a company whose primary purpose in Sudan is to provide humanitarian goods or services, including medicine or medical equipment, agricultural supplies or infrastructure, educational opportunities, journalism-related activities, information or information materials, spiritual-related activities, services of a purely clerical or reporting nature, food, clothing, or general consumer goods that are unrelated to Oil-Related Activities, Mineral Extraction Activities, or Power Production Activities.
(18) “Substantial Action” means:
(A) Adopting, publicizing, and implementing a formal plan to cease Business Operations within one year and to refrain from any new Business Operations;
(B) Undertaking significant humanitarian efforts on behalf of one or more Marginalized Populations of Sudan; or
(C) Through engagement with the Government of Sudan, materially improving conditions for the genocidally victimized population in Darfur.
§ 1–335.02. Identification of companies.
(a) Within 90 days after February 2, 2008, the Public Fund shall make its best efforts to identify all Scrutinized Companies in which the Public Fund has Direct Holdings, Indirect Holdings, or could possibly have such holdings in the future. Such efforts shall include, as appropriate:
(1) Reviewing and relying, as appropriate in the Public Fund’s judgment, on publicly available information regarding companies with Business Operations in Sudan, including information provided by nonprofit organizations, research firms, international organizations, and government entities;
(2) Contacting asset managers contracted by the Public Fund that invest in companies with Business Operations in Sudan;
(3) Contacting other institutional investors that have divested from, or engaged with, companies that have Business Operations in Sudan.
(b) By the first meeting of the Public Fund following the 90-day period set forth in subsection (a) of this section, the Public Fund shall compile all Scrutinized companies identified into a Scrutinized Companies List.
(c) The Public Fund shall update the Scrutinized Companies List on a quarterly basis based on information from sources, including those listed in subsection (a) of this section.
§ 1–335.03. Required actions.
(a) Except as provided in subsections (c), (d), and (e) of this section, during the period that a company on the scrutinized Company List has Active Business Operations, the Public Fund shall sell, redeem, divest, or withdraw all publicly-traded securities of the company according to the following schedule:
(1) At least 50% of the assets shall be removed from the Public Fund’s assets under management by 6 months after the company’s most recent appearance on the Scrutinized Companies List.
(2) All of such assets shall be removed from the Public Fund’s assets under management within 12 months after the company’s most recent appearance on the Scrutinized Companies List.
(b) Except as provided in subsections (c), (d), and (e) of this section, the Public Fund shall not acquire securities of companies on the Scrutinized Companies List that have Active Business Operations.
(c) A company which the United States government affirmatively declares to be excluded from its present or any future federal sanctions regime relating to Sudan shall not be subject to the divestment or investment prohibition of subsections (a) and (b) of this section.
(d) Notwithstanding anything herein to the contrary, subsections (a) and (b) of this section shall not apply to Indirect Holdings in actively-managed investment funds; provided, that the Public Fund shall submit letters to the managers of actively-managed investment funds containing companies with Scrutinized Active Business Operations requesting that they consider removing such companies from the fund or create a similar actively-managed fund with Indirect Holdings devoid of such companies; provided further, that if the manager creates a similar fund, the Public Fund shall replace all applicable investments with investments in the similar fund in an expedited time period consistent with prudent investing standards. For the purposes of this section, private equity funds shall be deemed to be actively-managed investment funds.
(e) Notwithstanding the foregoing, the District of Columbia Retirement Board shall comply with the requirements of this part only to the extent consistent with:
(1) Its fiduciary duties under Chapters 7 and 9 of this title [§ 1-701 et seq. and § 1-901 et seq.]; and
(2) Section 5 of the Sudan Accountability and Divestment Act of 2007, approved December 31, 2007 (121 Stat. 2516; 50 U.S.C. § 1701, note).
§ 1–335.04. Reporting.
(a) Repealed.
(b) Annually thereafter, the Public Fund shall report as part of the annual report required under § 1-909.02(b)(13), the following:
(1) All investments sold, redeemed, divested, or withdrawn in compliance with § 1-335.03(a);
(2) All prohibited investments under § 1-335.03(b);
(3) Any progress made under § 1-335.03(d); and
(4) A list of any investments held by the Public Fund that would have been divested under § 1-335.03 but for § 1-335.03(e), including a statement of the reasons why a sale or transfer of the investments is inconsistent with the fiduciary responsibilities of the District of Columbia Retirement Board and the circumstances under which the District of Columbia Retirement Board anticipates that it will sell, transfer, or reduce the investment.
§ 1–335.05. Indemnification.
Present, future, and former District of Columbia Retirement Board members and employees shall be indemnified by the District of Columbia from all claims and liability, including court costs and attorney’s fees, because of any action taken pursuant to this part.
§ 1–335.06. Reinvestment in certain companies with Active Business Operations.
(a)(1) Notwithstanding anything herein to the contrary, the Public Fund shall be permitted to cease divesting from certain Scrutinized Companies pursuant to § 1-335.03(b) or reinvest in certain Scrutinized Companies from which it divested pursuant to § 1-335.03(a) if clear and convincing evidence shows that the value for all assets under management by the Public Fund becomes equal to or less than .50% (50 basis points) of the hypothetical value of all assets under management by the Public Fund assuming no divestment for any company had occurred under § 1-335.03(a).
(2) Cessation of divestment, reinvestment, or any subsequent ongoing investment authorized by this section shall be strictly limited to the minimum steps necessary to avoid the contingency set forth in paragraph (1) of this subsection.
(b) For any cessation of divestment, reinvestment, or subsequent ongoing investment authorized by this section, the Public Fund shall provide a written report to the Council and the Mayor in advance of initial reinvestment, updated semiannually thereafter, as applicable, setting forth the reasons and justification, supported by clear and convincing evidence, for its decisions to cease divestment, reinvest, or remain invested in companies with Active Business Operations.
(c) This section shall not apply to reinvestment in companies on the ground that they have ceased to have Active Business Operations.
§ 1–335.07. Enforcement.
The Mayor shall enforce this part and may bring such legal action as is necessary to do so.
Part B. Government of Iran.
§ 1–336.01. Definitions.
For the purposes of this part, the term:
(1) “Company” means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that exists for the purpose of making profit.
(2) “Direct holdings” in a company means all securities of the company that are held directly by the public fund or in an account or fund in which the public fund owns all shares or interests.
(3) “Government of Iran” means the government of Iran, its instrumentalities, and companies owned or controlled by the government of Iran.
(4) “Inactive business activities” means the mere continued holding or renewal of rights to property previously operated for the purpose of generating revenues but not presently deployed for such purpose.
(5) “Indirect holdings” in a company means all securities of the company that are held in an account or fund, such as a mutual fund, managed by one or more persons not employed by the public fund, in which the public fund owns shares or interests together with other investors not subject to the provisions of this part.
(6) “Iran” means the Islamic Republic of Iran.
(7) “Petroleum resources” means petroleum or natural gas.
(8) “Public fund” means the assets of the District of Columbia Retirement Board.
(9) “Scrutinized business activities” means business activities that have resulted in a company becoming a scrutinized company.
(10) “Scrutinized company” means any company that, with actual knowledge, on or after August 5, 1996, has made an investment of $20 million or more in Iran’s petroleum sector which directly or significantly contributes to the enhancement of Iran’s ability to develop the petroleum resources of Iran.
(11) “Substantial action specific to Iran” means adopting, publicizing, and implementing a formal plan to cease scrutinized business activities within one year and to refrain from any such new business activities.
§ 1–336.02. Identification of companies.
(a) Within 90 days after March 21, 2009, the public fund shall make its best efforts to identify all scrutinized companies in which the public fund has direct or indirect holdings. Such efforts shall include reviewing and relying, as appropriate in the public fund’s judgment, on publicly available information regarding companies that have invested more than $20 million in any given year since August 5, 1996, in Iran’s petroleum energy sector, including information provided by nonprofit organizations, research firms, international organizations, and government entities.
(b) On or before the 1st meeting of the public fund held 90 days after March 21, 2009, the public fund shall compile a list of all scrutinized companies entitled “Scrutinized Companies With Activities in the Iran Petroleum Energy Sector List”.
(c) The public fund shall update and make publicly available annually the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
§ 1–336.03. Required actions.
(a) For each scrutinized company on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List:
(1)(A)(i) For each company in which the public fund has direct holdings newly identified under § 1-336.02, the public fund shall send a written notice informing the company of its scrutinized company status and that it may become subject to divestment by the public fund.
(ii) The notice shall inform the company of the opportunity to clarify its Iran-related activities and encourage the company, within 90 days, to cease its scrutinized business activities or convert such activities to inactive business activities to avoid qualifying for divestment by the public fund. The notice shall be sent no later than 135 days after the company is placed on the list.
(B) If, within 90 days after the public fund’s notice to a company pursuant to this paragraph, the company announces by public disclosure substantial action specific to Iran, the public fund may maintain its direct holdings, but the company shall remain on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List pending completion of its cessation of scrutinized business activities.
(2)(A) If, after 90 days following the public fund’s 1st notice to a company pursuant to paragraph (1) of this subsection, the company has not announced by public disclosure substantial action specific to Iran, or the public fund determines or becomes aware that the company continues to have scrutinized business activities, the public fund, within 8 months after the expiration of such 90-day period, shall sell, redeem, divest, or withdraw all publicly-traded securities of the company from the public fund’s direct holdings.
(B) If the public fund determines or becomes aware that a company that ceased scrutinized business activities following engagement pursuant to paragraph (1) of this subsection has resumed such activities, the public fund shall:
(i) Send a written notice to the company as required under paragraph (1)(A)(ii) of this subsection;
(ii) Add the company to the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
(iii) Sell, redeem, divest, or withdraw as may be required by subparagraph (A) of this paragraph.
(C) The public fund shall monitor the scrutinized company that has announced by public disclosure substantial action specific to Iran. If, after one year, the public fund determines or becomes aware that the company has not implemented such substantial action, within 3 months after the expiration of such one-year period, the public fund shall sell, redeem, divest, or withdraw all publicly-traded securities of the company from the public fund’s direct holdings, and the company also shall be immediately reintroduced onto the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
(b) The public fund shall not acquire securities of companies on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.
(c) Notwithstanding the provisions of this part, subsection (a)(2) of this section shall not apply to the public fund’s indirect holdings; provided, that the public fund shall submit letters to the managers of any managed investment funds containing companies on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List that they consider removing such companies from the fund or create a similar actively-managed fund having indirect holdings devoid of such companies. If the manager creates a similar fund without such securities or if such funds are created elsewhere, the District of Columbia Retirement Board shall determine within 6 months whether to replace all applicable investments with investments in the similar fund in an expedited time period consistent with prudent investing standards. For the purposes of this section, a private equity fund shall be deemed to be an actively-managed investment fund.
(d) The District of Columbia Retirement Board shall comply with the requirements of this part only to the extent consistent with:
(1) Its fiduciary duties under Chapters 7 and 9 of this title [§ 1-701 et seq. and § 1-901 et seq.]; and
(2) Section 5 of the Sudan Accountability and Divestment Act of 2007, approved December 31, 2007 (121 Stat. 2516; 50 U.S.C. § 1701 note).
§ 1–336.04. Reporting.
(a) Repealed.
(b) Annually thereafter, the public fund shall report as part of the annual report required under § 1-909.02(b)(14), the following:
(1) All investments sold, redeemed, divested, or withdrawn in compliance with § 1-336.03(a);
(2) All prohibited investments under § 1-336.03(b);
(3) Any progress made under § 1-336.03(e);
(4) A list of all publicly-traded securities held directly by the public fund; and
(5) A list of any investments held by the public fund that would have been divested under § 1-336.03(a), but for § 1-336.03(d), including a statement of the reasons why a sale or transfer of the investments is inconsistent with the fiduciary responsibilities of the District of Columbia Retirement Board, and the circumstances under which the District of Columbia Retirement Board anticipates that it will sell, transfer, or reduce the investments.
§ 1–336.05. Liability.
Present, future, and former District of Columbia Retirement Board members and employees shall be indemnified by the District of Columbia from all claims and liability, including court costs and attorney’s fees, because of any action taken pursuant to this part.
§ 1–336.06. Sunset.
This part shall expire upon the occurrence of any of the following:
(1) The Congress or President of the United States unambiguously states, by means including legislation, executive order, or written certification from the President to Congress, that the government of Iran has ceased to pursue the capabilities to develop nuclear weapons and support international terrorism;
(2) The United States revokes all sanctions imposed against the government of Iran; or
(3) The Congress or President of the United States affirmatively and unambiguously declares, by means including legislation, executive order, or written certification from the President to Congress, that mandatory divestment of the type provided for in this part interferes with the conduct of United States foreign policy.
Subchapter XVII. Delinquent Debt Recovery.
§ 1–350.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Central Collection Unit” means the Central Collection Unit established within the Office of Finance and Treasury of the Office of the Chief Financial Officer to implement this subchapter.
(2) “Delinquent debt” means any financial obligation owed by a person to a District agency that remains unpaid more than 90 days after it was due; provided, that the term shall not include tax debts or child-support debts.
(3) “Delinquent Debt Fund” or “Fund” means the Delinquent Debt Fund established by § 1-350.04.
(4) “District agency” means any District office, department, or agency, including independent agencies, but not including the District of Columbia Water and Sewer Authority.
(5) “Person” means any natural person, trust, corporation, limited liability corporation, partnership, limited liability partnership, or any other business organization.
§ 1–350.02. Responsibility of District agencies to transfer and refer delinquent debt to the Central Collection Unit for collection.
(a) Except as provided in subsections (a-1), (a-4), and (a-5) of this section, notwithstanding any other provision of law, regulation, or Mayor’s order, each District agency shall transfer and refer delinquent debts to the Central Collection Unit within 60 days after a financial obligation owed by a person to the District becomes a delinquent debt.
(a-1) The University of the District of Columbia shall transfer and refer unpaid student tuition, student fees, and student loans to the Central Collection Unit within one year after the end of the semester in which the student tuition, student fees, and student loans were incurred.
(a-2) Beginning in fiscal year 2014 and for each fiscal year thereafter, funds collected and recovered by the Central Collection Unit arising out of delinquent debts transferred and referred to the Central Collection Unit by the Not-For-Profit Hospital Corporation for collection, net of costs and fees, shall be deposited into the Not-For-Profit Hospital Corporation Fund by the Central Collection Unit within 60 days following the then current fiscal year.
(a-3) Beginning in Fiscal Year 2020 and for each fiscal year thereafter, funds collected and recovered by the Central Collection Unit arising out of non-resident student tuition delinquent debts transferred and referred to the Central Collection Unit by the Office of the State Superintendent of Education for collection, net of costs and fees, shall be deposited into the Student Residency Verification Fund established by § 38-312.02 within 60 days.
(a-4) The Office of the Attorney General may, in its discretion, transfer and refer delinquent debts associated with settlements and judgments to the Central Collection Unit for collection. Beginning in Fiscal Year 2022 and for each fiscal year thereafter:
(1) Funds collected by the Central Collection Unit arising out of delinquent debts associated with settlements and judgments transferred and referred to the Central Collection Unit by the Office of the Attorney General for collection, net of costs and fees, shall be deposited into the Litigation Support Fund established by § 1-301.86b, within 60 days;
(2) Funds collected by the Central Collection Unit arising out of delinquent debts payable as restitution pursuant to a court order, judgment, or settlement under §§ 28-3909 and 32-1306(a)(2)(A)(iii), transferred and referred to the Central Collection Unit by the Office of the Attorney General for collection shall be deposited into the Attorney General Restitution Fund established by § 1-301.86c, within 60 days; and
(3) Funds collected by the Central Collection Unit arising out of delinquent debts payable as restitution pursuant to a court order, judgment, or settlement in any action or investigation brought to enforce § 22-933.01, transferred and referred to the Central Collection Unit by the Office of the Attorney General for collection shall be deposited into the Vulnerable Adult and Elderly Person Exploitation Restitution Fund established by § 1-301.86d, within 60 days.
(a-5) The Board of Ethics and Government Accountability may, in its discretion, transfer and refer delinquent debts associated with settlements and judgments to the Central Collection Unit for collection. Beginning in Fiscal Year 2023 and for each fiscal year thereafter:
(1) Funds collected by the Central Collection Unit arising out of delinquent debts associated with a fine or civil penalty imposed pursuant to § 1-1162.21 and part E of subchapter II of Chapter 11A of this title, transferred and referred to the Central Collection Unit by the Board of Ethics and Government Accountability for collection, net of costs and fees, shall be deposited into the Ethics Fund established by § 1-1162.10 within 60 days; and
(2) Funds collected by the Central Collection Unit arising out of delinquent debts associated with a fine or civil penalty imposed pursuant to § 2-579, transferred and referred to the Central Collection Unit by the Board of Ethics and Government Accountability for collection, net of costs and fees, shall be deposited into the Open Government Fund established by § 1-1162.10a within 60 days.
(b) A transfer and referral of a delinquent debt to the Central Collection Unit shall include all documentation and information relating to the delinquent debt, including:
(1) Documents that verify the existence and amount of the delinquent debt; (2) The name and last known address of the delinquent debtor; and
(3) Any notices issued to the delinquent debtor demanding payment.
(c) The procedure for transfer and referral of delinquent debt by each District agency to the Central Collection Unit, including the format and means of delivery of the information, shall be established by the Central Collection Unit within 120 days of September 20, 2012.
§ 1–350.02a. Collection on behalf of the University of the District of Columbia.
Funds collected and recovered by the Central Collection Unit, beginning in fiscal year 2014 and continuing in the following fiscal years, arising out of delinquent debts transferred and referred to the Central Collection Unit by the University of the District of Columbia for collection, net of cost and fees, shall be deposited into the University of the District of Columbia Debt Collection Fund established pursuant to § 38-1251.01, by the Central Collection Unit within 60 days following the then current fiscal year.
§ 1–350.03. Imposition of costs and fees.
(a) The Central Collection Unit may prescribe, impose, and collect fees from debtors to cover actual costs or expenses associated with the collection of delinquent debt.
(b) In addition to the authority to impose and collect fees to cover actual costs or expenses associated with the collection of delinquent debt, the Central Collection Unit may prescribe and impose a fee to be paid by each person who tenders in payment of a financial obligation owed to the District, including a tax, assessment, fee, citation, or charge, a check that is subsequently dishonored or not duly paid, or whose delinquent debt is transferred and referred to the Central Collection Unit for action. The amount of the fee shall be set by regulations established by the Central Collection Unit.
§ 1–350.04. Delinquent Debt Fund.
(a) There is established within the General Fund of the District of Columbia a special fund known as the Delinquent Debt Fund ("Fund"), which shall be administered by the Central Collection Unit in accordance with subsections (c) and (d) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
(1) Funds allocated to the Central Collection Unit through the District's annual Budget and Financial Plan;
(2) All delinquent debts collected by the Central Collection Unit, except those amounts described in § 1-350.02(a-1), (a-2), (a-3), (a-4), (a-5); and
(3) All fees authorized by § 1-350.03.
(c) Money in the Fund shall be used to conduct the authorized activities of the Central Collection Unit.
(d) After all operational and administrative expenses of the Central Collection Unit have been paid, as certified by the Chief Financial Officer in the year-end close, the lesser of $2.5 million or the remaining cash balance in the Fund, in excess of the amount certified as local funds in the most recent revenue estimate of the Chief Financial Officer, shall be transferred from the Fund to the Arts and Humanities Fund, established by § 39-205.01; provided, that any cash balance remaining in the Fund after the transfer to the Arts and Humanities Fund shall revert to the unrestricted balance of the General Fund of the District of Columbia.
§ 1–350.05. Lien for delinquent debt.
(a) If a person liable to pay a delinquent debt neglects or refuses to pay the delinquent debt after demand by the Central Collection Unit, the amount, including any interest and any fees imposed for collection of the delinquent debt that may accrue, shall be a lien in favor of the District of Columbia upon all property (including rights to property), whether real or personal, belonging to the person, and shall have the same effect as a lien created by judgment. The lien shall attach to all real or personal property (including rights to property) belonging to, or acquired by, the person at any time during the period of the lien.
(b) The lien imposed by subsection (a) of this section shall be deemed to have arisen on the 91st day after the debt became due and owing to the District and shall continue until the delinquent debt is satisfied or becomes unenforceable.
(c) The lien imposed by subsection (a) of this section shall not be valid against a bona fide purchaser for value, holder of a security interest, mechanic’s lien, or judgment lien creditor until the lien has been filed with the Recorder of Deeds by the Central Collection Unit.
(d) Upon transferring a delinquent debt to the Central Collection Unit, a transferring agency’s authority to file a lien for that debt shall terminate.
§ 1–350.06. Payment plans; discharge of delinquent debt; sale of delinquent debt; report to credit agencies.
(a) Subject to subsection (b) of this section, the Central Collection Unit, in its discretion, may:
(1) Enter into payment plan agreements with persons for payment of delinquent debt; provided, that no payment plan shall exceed a term of 5 years;
(2) Discharge as uncollectible a delinquent debt that is older than 10 years;
(3) Settle a delinquent debt for less than the full amount owed;
(4) Report delinquent debts to credit agencies;
(5) Sell delinquent debt; and
(6) Refer a delinquent debt to the Office of the Attorney General for the District of Columbia for civil or administrative collection or enforcement actions.
(b) The authority described in subsection (a) of this section shall become effective upon the issuance of an order by the Mayor delegating the Mayor’s authority, pursuant to §§ 2-402 through 2-406, as is necessary to carry out the purposes of this subchapter.
§ 1–350.07. Suspension of licenses and permits.
(a) Each District agency that transfers and refers a delinquent debt of more than $100 to the Central Collection Unit for collection shall, within 5 days of the transfer and referral, suspend the granting or issuance of any District license or permit to the delinquent debtor. The suspension shall remain in effect until the Central Collection Unit notifies the appropriate District agency that the delinquent debt has been satisfied.
(b) Each District agency that suspends the granting or issuance of a District license or permit pursuant to this section shall provide written or electronic notice of the suspension to the Central Collection Unit within 5 days of the suspension.
(c) The Central Collection Unit shall provide to all District agencies, within 10 days of the end of the preceding month, a list of the names of all persons currently subject to suspension of the granting or issuing of a District license or permit due to delinquent debt of more than $100.
§ 1–350.08. Reciprocal agreements.
The Central Collection Unit may enter into reciprocal agreements for the collection of delinquent debts with any state, local, or municipal government.
§ 1–350.09. Offset of delinquent debt against District employee pay and against contractual obligations to District contractors.
(a)(1) The Central Collection Unit may collect delinquent debt from District employees by deducting delinquent debt from the biweekly pay of District employees, in an amount not to exceed 10% of an employee’s gross biweekly pay, until the delinquent debt is fully satisfied.
(2) If a District employee’s wages are subject to a preexisting attachment or attachments, the Central Collection Unit shall not exercise its authority under paragraph (1) of this subsection until the preexisting attachments have been satisfied, in order of priority.
(b)(1) The Central Collection Unit may collect delinquent debt from District contractors by deducting the delinquent debt from any amounts owed to a District contractor pursuant to a contractual obligation between the District and the contractor.
(2) For the purposes of this subsection, the term:
(A) “Contractual obligation” includes an obligation arising from a contract or a grant agreement described in subparagraph (B) of this paragraph that is entered into after September 20, 2012.
(B) “District contractor” includes any person who receives payments from the District pursuant to a contract or a grant agreement that requires the grantee to perform services in consideration for the payment of the grant amount.
(c) The Central Collection Unit may collect delinquent debts by offsetting District tax refunds and District lottery winnings against delinquent debts owed to the District.
§ 1–350.10. Consumer protection.
The Central Collection Unit and any outside parties it engages to collect delinquent debt shall fully comply with the Fair Debt Collection Practices Act, approved September 20, 1977 (91 Stat. 874; 15 U.S.C. § 1692 et seq.), Chapter 39 of Title 28 [§ 28-3901 et seq.], and all other federal and District laws and rules that govern collection of delinquent debt.
§ 1–350.11. Report to the Council.
On or before March 1 of each year, the Central Collection Unit shall issue a report to the Mayor and the Council that includes:
(1) The amount of delinquent debt collected in the preceding fiscal year;
(2) The amount of uncollected delinquent debt owed to the District; and
(3) A summary of the efforts made to collect delinquent debt owed to the District and the challenges that remain for collecting it.
§ 1–350.12. Rules.
Within 120 days of September 20, 2012, the Chief Financial Officer shall issue rules to implement the provisions of this subchapter.
Subchapter XVIII. Expenditure Commission. [Repealed]
§ 1–361.01. Expenditure Commission – Establishment. [Repealed]
Repealed.
§ 1–361.02. Expenditure Commission – Composition; selection of Director. [Repealed]
Repealed.
§ 1–361.03. Expenditure Commission — Authority. [Repealed]
Repealed.
