D.C. Law 24-234. Migrant Services and Supports Temporary Amendment Act of 2022.

AN ACT

To authorize, on a temporary basis, the Mayor to establish and administer programs to provide services and supports to recent immigrants to the United States; and to make conforming amendments to the Homeless Services Reform Act of 2005.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Migrant Services and Supports Temporary Amendment Act of 2022".

TITLE I. MIGRANT SERVICES AND SUPPORTS

Sec. 101. Migrant services and supports.

The Mayor may establish an office and administer programs to provide time-limited services and supports to recent immigrants to the United States, including the following services and supports:

(1) Welcome and other reception services;

(2) Food, clothing, and other necessities;

(3) Temporary shelter, which may be provided in a congregate setting;

(4) Medical services, including health insurance;

(5) Relocation services;

(6) Cash assistance for food and other necessities, transportation, relocation, and other identified needs; and

(7) Social and legal services and referrals to external social and legal service programs and providers.

Sec. 102. Eligibility.

(a) The Mayor may establish eligibility criteria to receive the services and supports contemplated by this title, including for statutory, regulatory, or programmatic categories of immigration, means of entering the District, and length of time in the United States or the District.

(b) No provision of this title shall be construed to create an entitlement (either direct or implied) on the part of any individual or family to any services and supports provided under this title.

Sec. 103. Relationship to other services.

Services and supports provided under this title shall not be considered Continuum of Care services under the Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-751.01 et seq.).

Sec. 104. Grants.

Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the Mayor may make grants to nonprofit organizations and other entities to provide services and supports to recent immigrants to the United States arriving in the District.

Sec. 105. Contracting.

(a) The Mayor may, to implement this title, procure goods and services without regard to established operating procedures relating to entering into contracts, incurring obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, and the expenditure of public funds; provided, that the goods and service procured are necessary to provide recent immigrants to the United States arriving in the District with the following services and supports:

(1) Food and nutrition;

(2) Clothing;

(3) Shelter, which may be provided in a congregate or non-congregate setting;

(4) Medical services, including health insurance;

(5) Safety and security;

(6) Cleaning and sanitation;

(7) Personal hygiene products;

(8) Transportation; and

(9) Any temporary staffing necessary to provide the services and supports identified in this subsection.

(b) Before entering into a contract under the authority granted by subsection (a) of this section, the Mayor shall provide to the Council a summary of each procurement that includes the following information:

(1) A description of the specific goods or services to be procured;

(2) The source selection method, including whether the procurement was competitively sourced;

(3) The contract amount and the source of funds, whether federal or local;

(4) The name and certified business enterprise status of the contractee; and

(5) An explanation regarding why expedited procurement procedures are necessary to meet the specific need identified.

(c) Nothing in this section shall be construed to violate the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 777; D.C. Official Code § 1-201.01 et seq.).

(d) This section shall expire upon the expiration of the Migrant Services and Supports Emergency Amendment Act of 2022, effective September 30, 2022 (D.C. Act 24-553; 69 DCR 11960).

Sec. 106. Rulemaking.

The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this title.

TITLE II. CONFORMING AMENDMENTS

Sec. 201. The Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-751.01 et seq.), is amended as follows:

(a) Section 2(32) (D.C. Official Code § 4-751.01(32)) is amended as follows:

(1) Sub-paragraph (A)(iii) is amended by striking the phrase "public assistance from the District" and inserting the phrase "public assistance from the District, other than assistance through the DC Healthcare Alliance," in its place.

(2) A new sub-paragraph (C) is added to read as follows:

"(C) An individual or family shall be deemed to be in the District temporarily and shall not be considered a resident of the District if the individual or family:

"(i) Is en route to a family member, sponsor, or an intended destination outside the District; or

"(ii) Was paroled into the United States after April 1, 2022, under section 212(d)(5) of the Immigration and Nationality Act, approved June 27, 1952 (66 Stat. 182; 8 U.S.C. § 1182(d)(5)), except for:

"(I) Individuals who entered the United States pursuant to a special parole program established by the federal government that is indicated on the parole or entry document; or

"(II) Individuals granted parole while residing outside of the United States, until the completion of their immigration proceedings, including any appeals; or

"(iii) Has been issued, after April 1, 2022, a notice to appear in a proceeding to be held under section 240 of the Immigration and Nationality Act, approved June 27, 1952 (66 Stat. 182; 8 U.S.C. § 1229a), until the completion of their immigration proceedings, including any appeals.".

(b) Section 7(c)(3)(B) (D.C. Official Code § 4-753.01(c)(3)(B)) is amended by striking the phrase "or asylum" and inserting the phrase "or asylum, except, in regard to asylum alone, a person who is eligible to receive shelter under Title I of the Migrant Services and Supports Temporary Amendment Act of 2022, passed on 2nd reading on October 4, 2022 (Enrolled version of Bill 24-991)," in its place.

TITLE III. FISCAL IMPACT STATEMENT; EFFECTIVE DATE

Sec. 301. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 302. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire after 225 days of its having taken effect.