Text of DC B 230934 (2020)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To enact and amend, on an emergency basis, due to congressional review, provisions of law necessary to support the Fiscal Year 2021 budget. TABLE OF CONTENTS TITLE I. GOVERNMENT DIRECTION AND SUPPORT ..................................................... 4 SUBTITLE A. ARCHIVES ADVISORY GROUP .............................................................. 4 SUBTITLE B. AUDIT ENGAGEMENT FUND .................................................................. 5 SUBTITLE C. FREEZE ON PAY INCREASES AND BENEFITS .................................. 6 SUBTITLED. ADVISORY NEIGHBORHOOD COMMISSIONS TECHNICAL SUPPORT AND ASSISTANCE ............................................................................................ 9 SUBTITLE E. RENEW ABLE ENERGY FUTURE ......................................................... 11 SUBTITLE F. DC CENTER FOR THE LGBT COMMUNITY GRANT ...................... 13 SUBTITLE G. ACCESS TO JOBS ..................................................................................... 13 SUBTITLE H. PARALEGAL PROGRAM ESTABLISHMENT ................................... 16 SUBTITLE I. NON-PROFIT FAIRNESS ANALYSIS ..................................................... 17 SUBTITLE J. INDIGENOUS PEOPLES' DAY ............................................................... 18 SUBTITLE K. CAMPAIGN FINANCE REFORM IMPLEMENTATION ................... 18 TITLE II. ECONOMIC DEVELOPMENT AND REGULATION ....................................... 21 SUBTITLE A. BUSINESS RECOVERY TASK FORCE ESTABLISHMENT ............. 21 SUBTITLE B. NEW YORK A VENUE, N.E., RETAIL PRIORITY AREA EXPANSION ......................................................................................................................... 23 SUBTITLE C. OPPORTUNITY ZONE TAX BENEFITS .............................................. 24 SUBTITLE D. STREETSCAPE BUSINESS DEVELOPMENT RELIEF ..................... 27 SUBTITLE E. EQUITY IMPACT ENTERPRISE ESTABLISHMENT ........................ 28 SUBTITLE F. DMPED LIMITED GRANT-MAKING AUTHORITY .......................... 32 SUBTITLE G. TAX ABATEMENTS FOR AFFORDABLE HOUSING ....................... 35 SUBTITLE H. HEAL TH CARE WORKFORCE PARTNERSHIP ................................ 40 SUBTITLE I. DC INFRASTRUCTURE ACADEMY EMPLOYER ENGAGEMENT 47 2 SUBTITLE J. WORKPLACE LEAVE NAVIGATORS .................................................. 52 45 SUBTITLE K. SCHOOL YEAR INTERNSHIP PILOT PROGRAM............................ 56 46 SUBTITLE L. UNEMPLOYMENT INSURANCE MODERNIZATION ...................... 60 47 SUBTITLE M. TRANSGENDER AND NON-BINARY EMPLOYMENT STUDY ..... 62 48 SUBTITLE N. TIPPED WAGE WORKERS FAIRNESS CLARIFICATION .............. 65 49 SUBTITLE O. UNIVERSAL PAID LEAVE FUND ......................................................... 70 50 SUBTITLE P. SHARED WORK COMPENSATION PROGRAM ................................ 75 51 SUBTITLE Q. EQUITABLE IMPACT ASSISTANCE FOR LOCAL BUSINESS ...... 88 52 SUBTITLE R. AFFORDABLE HOUSING LOAN FUND AUTHORIZATION ........... 93 53 SUBTITLE S. RENT STABILIZATION EXTENSION ................................................... 95 54 SUBTITLE T. EXPENDITURES FROM THE PUBLIC HOUSING AND 55 STRUCTURAL TRANSFORMATION CAPITAL ACCOUNT ..................................... 95 56 SUBTITLE U. DC CENTRAL KITCHEN FACILITY GRANT .................................... 98 57 SUBTITLE V. C&O CANAL GRANT ............................................................................... 98 58 TITLE III. PUBLIC SAFETY AND JUSTICE ....................................................................... 99 59 SUBTITLE A. CRIMINAL CODE REFORM COMMISSION ...................................... 99 60 SUBTITLE B. RESTORATIVE JUSTICE COLLABORATIVE ................................. 100 61 SUBTITLE C. EMERGENCY MEDICAL SERVICES TRANSPORT CONTRACT 102 62 SUBTITLE D. SENIOR POLICE OFFICERS PROGRAM .......................................... 102 63 SUBTITLE E. OFFICE ON RETURNING CITIZEN AFFAIRS ................................. 103 64 SUBTITLE F. CONCEALED PISTOL LICENSING REVIEW BOARD ................... 104 65 SUBTITLE G. LITIGATION SUPPORT FUND AND GRANT-MAKING 66 AUTHORITY ...................................................................................................................... 106 67 SUBTITLE H. CHIEF OF POLICE TERM OF OFFICE ............................................. 108 68 SUBTITLE I. MONSANTO SETTLEMENT ALLOCATION ..................................... 108 69 SUBTITLE J. ETHICS ENFORCEMENT ...................................................................... 110 70 TITLE IV. PUBLIC EDUCATION SYSTEMS ..................................................................... 111 71 SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA INCREASE ..... 111 72 SUBTITLE B. EDUCATION FACILITY COLOCATION ........................................... 116 73 SUBTITLE C. CHILD CARE GRANTS.......................................................................... 118 74 SUBTITLE D. UNIVERSITY OF THE DISTRICT OF COLUMBIA FUNDRAISING 75 MATCH ............................................................................................................................... 118 76 SUBTITLE E. ADULT AND RESIDENTIAL PUBLIC CHARTER SCHOOL 77 STABLIZATION ................................................................................................................ 119 78 SUBTITLE F. SCHOOL FINANCIAL TRANSPARENCY .......................................... 120 79 SUBTITLE G. HEALTHY SCHOOLS FUND RESTORATION ................................. 127 80 SUBTITLE H. WILKINSON SCHOOL DISPOSITION PROCESS ............................ 128 81 ........................................................................ 119 78 SUBTITLE F. SCHOOL FINANCIAL TRANSPARENCY .......................................... 120 79 SUBTITLE G. HEALTHY SCHOOLS FUND RESTORATION ................................. 127 80 SUBTITLE H. WILKINSON SCHOOL DISPOSITION PROCESS ............................ 128 81 SUBTITLE I. ACADEMIC MIDDLE MENTORING INITIATIVE ............................ 129 82 SUBTITLE J. TRUANCY PREVENTION AND LITERACY PILOT FUNDING 83 EXTENSION ....................................................................................................................... 130 84 SUBTITLE K. DCPS AUTHORITY FOR SCHOOL SECURITY ............................... 130 85 TITLE V. HUMAN SUPPORT SERVICES .......................................................................... 135 86 SUBTITLE A. MEDICAID HOSPITAL SUPPLEMENTAL AND DIRECTED 87 PAYMENTS ........................................................................................................................ 135 88 3 SUBTITLE B. MEDICAL MARIJUANA PROGRAM ADMINISTRATION ............ 137 89 SUBTITLE C. STEVIE SELLOWS DIRECT SUPPORT PROFESSIONALS 90 QUALITY IMPROVEMENTS ......................................................................................... 146 91 SUBTITLE D. MEDICAID RESERVE RE-ESTABLISHMENT ................................. 147 92 SUBTITLE E. TELEHEALTH REIMBURSEMENT .................................................... 150 93 SUBTITLE F. HEALTH PROFESSIONAL RECRUITMENT AND RETENTION .. 150 94 SUBTITLE G. HEALTH CARE GRANT-MAKING AUTHORITY ........................... 152 95 TITLE VI. OPERATIONS AND INFRASTRUCTURE ...................................................... 154 96 SUBTITLE A. OPPORTUNITY ACCOUNTS ................................................................ 154 97 SUBTITLE B. GREEN BUILDING FUND USE EXPANSION .................................... 157 98 SUBTITLE C. GAME OF SKILL MACHINES ............................................................. 158 99 SUBTITLE D. PAY-BY-PHONE TRANSACTION FEES FUND ................................ 187 100 SUBTITLE E. ENVIRONMENTAL SPECIAL PURPOSE REVENUE ACCOUNTS 101 ............................................................................................................................................... 188 102 SUBTITLE F. ALCOHOLIC BEVERAGE SALES AND DELIVERY ....................... 191 103 SUBTITLE G. THIRD-PARTY INSPECTION PLATFORM ...................................... 196 104 SUBTITLE H. PARKING RECIPROCITY FEE UPDATE AMENDMENT   ............. 197 105 SUBTITLE I. TAG TRANSFER FEE UPDATE AMENDMENT   ............................... 197 106 SUBTITLE J. ATE PROGRAM REPORTING REQUIREMENT AMENDMENT .. 198 107 SUBTITLE K. CAPACITY MARKET WITHDRAWAL FEASABILITY STUDY ... 199 108 SUBTITLE L. COMPETITIVE GRANT ......................................................................... 199 109 SUBTITLE M. URBAN AGRICULTURE FUNDING ................................................... 200 110 SUBTITLE N. WASTE DISPOSAL FEES ...................................................................... 200 111 SUBTITLE O. FAST FERRY GRANT ............................................................................ 201 112 TITLE VII. FINANCE AND REVENUE .............................................................................. 201 113 SUBTITLE A. PERSONAL PROPERTY TAX .............................................................. 201 114 SUBTITLE B. UNINCORPORATED BUSINESS FRANCHISE TAX ........................ 203 115 SUBTITLE C. BALLPARK REVENUE FUND .............................................................. 203 116 SUBTITLE D. EVENTS DC AUTHORITY .................................................................... 204 117 SUBTITLE E. PARKSIDE PARCEL E AND J MIXED-INCOME APARTMENTS 118 TAX ABATEMENT ........................................................................................................... 205 119 SUBTITLE F. OFF-PREMISES ALCOHOL TAX RATE ............................................ 205 120 SUBTITLE G. SUBJECT-TO-APPROPRIATIONS REPEALS AND 121 MODIFICATIONS ............................................................................................................. 206 122 SUBTITLE H. COUNCIL PERIOD 23 RULE 736 AND OTHER REPEALS ............ 211 123 SUBTITLE I. DISTRICT HISTORY GRANT ................................................................ 212 124 SUBTITLE J. NATIONAL CHERRY BLOSSOM FESTIVAL FUNDRAISING 125 MATCH ............................................................................................................................... 213 126 SUBTITLE K. MOTOR VEHICLE FUEL TAX ............................................................ 214 127 SUBTITLE L. NEW COMMUNITIES CLARIFICATION .......................................... 216 128 SUBTITLE M. QHTC TAX INCENTIVES MODIFICATION .................................... 216 129 SUBTITLE N. ADAMS MORGAN BID .......................................................................... 218 130 SUBTITLE O. SKYLAND TAX EXEMPTION .............................................................. 218 131 SUBTITLE P. COMBINED REPORTING TAX DEDUCTION DELAY.................... 220 132 4 SUBTITLE Q. ESTATE TAX ADJUSTMENT ............................................................... 220 133 SUBTITLE R. DISTRICT OF COLUMBIA LOW-INCOME HOUSING TAX 134 CREDIT CLARIFICATION ............................................................................................. 221 135 SUBTITLE S. EXCLUDED WORKERS ......................................................................... 228 136 TITLE VIII. SPECIAL PURPOSE AND DEDICATED REVENUE FUNDS ................... 231 137 TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE ......................... 232 138 139 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 140 act may be cited as the “Fiscal Year 2021 Budget Support Congressional Review Emergency Act 141 of 2020”. 142 TITLE I. GOVERNMENT DIRECTION AND SUPPORT 143 SUBTITLE A. ARCHIVES ADVISORY GROUP 144 Sec. 1001. Short title. 145 This subtitle may be cited as the “Archives Advisory Group Congressional Review 146 Emergency Act of 2020”. 147 Sec. 1002. Archives Advisory Group. 148 (a) There is established an Archives Advisory Group to advise the Council of the District 149 of Columbia about Project AB102C in the District’s Capital Improvement Plan to construct a 150 new archives facility for the District of Columbia. 151 (b) The Archives Advisory Group shall consist of no fewer than 5 members and no more 152 than 11 members, all appointed by the Chairman of the Council. 153 (c) The Archives Advisory Group shall consider such matters as schedule, cost, and 154 building attributes regarding a new archives facility. The group shall make recommendations to 155 the Council whenever useful to the Council’s deliberative process. 156 5 (d) The Archives Advisory Group shall have access to all draft and final documents 157 relevant to planning and costing a new archives facility, including any feasibility study; 158 provided, that requests for documents shall be made through the Chairman of the Council. 159 (e) The Archives Advisory Group shall not be subject to the Open Meetings Act, 160 effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.); provided, that 161 all meetings shall be open to the public. 162 (f) Members of the Archives Advisory Group shall not be reimbursed for expenses, or 163 compensated. Any other necessary resources shall be coordinated by the Secretary to the 164 Council. 165 SUBTITLE B. AUDIT ENGAGEMENT FUND 166 Sec. 1011. Short title. 167 This subtitle may be cited as the “Audit Engagement Fund Congressional Review 168 Emergency Act of 2020”. 169 Sec. 1012. Audit Engagement Fund. 170 (a) There is established as a special fund the Audit Engagement Fund (“Fund”), which 171 shall be administered by the Office of the District of Columbia Auditor in accordance with 172 subsection (c) of this section. 173 (b) The following shall be deposited into the Fund: 174 (1) All unspent local fund monies remaining in the operating budget for the Office 175 of the District of Columbia Auditor at the end of each fiscal year; and 176 (2) Any other funds received on behalf of the Fund or the Office of the District of 177 Columbia Auditor for the purpose of performing audits. 178 6 (c) Money in the Fund shall be used for operating expenses related to performing audits. 179 (d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 180 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 181 of a fiscal year or at any other time. 182 (2) Subject to authorization in an approved budget and financial plan, any funds 183 appropriated in the Fund shall be continually available without regard to fiscal year limitation. 184 SUBTITLE C. FREEZE ON PAY INCREASES AND BENEFITS 185 Sec. 1021. Short title. 186 This subtitle may be cited as the “Balanced Budget and Financial Plan Freeze on Salary 187 Schedules, Benefits, and Cost-of-Living Adjustments Congressional Review Emergency Act of 188 2020”. 189 Sec. 1022. Definitions. 190 For the purposes of this subtitle, the term: 191 (1) “CMPA” means the District of Columbia Government Comprehensive Merit 192 Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 193 et seq.). 194 (2) “Covered agency” means an agency, office, or instrumentality of the District 195 government and independent agencies, as defined in section 301(13) of the CMPA (D.C. Official 196 Code § 1-603.01(13)); except, that the term “covered agency” does not include the District of 197 Columbia Housing Authority, the District of Columbia Housing Finance Agency, the District of 198 Columbia Public Charter School Board, the District of Columbia Water and Sewer Authority, the 199 7 Not-for-Profit Hospital Corporation, the Board of Trustees of the University of the District of 200 Columbia, or the Washington Convention and Sports Authority. 201 (3) “Negotiated salary schedule” means a salary schedule specified in a collective 202 bargaining agreement. 203 (4) “Negotiated salary, wage, and benefits provision” means the salary and 204 benefits provided in a collective bargaining agreement. 205 (5) “Personnel authority” shall have the same meaning as set forth in section 206 301(14) of the CMPA (D.C. Official Code § 1-603.01(14)). 207 Sec. 1023. Freeze on cost-of-living adjustments. 208 Notwithstanding any other provision of law, rule, or collective bargaining agreement, an 209 employee of a covered agency shall not receive a cost-of-living adjustment during the period 210 from October 1, 2020, through September 30, 2021. Nothing in this subtitle shall be construed to 211 prohibit collective bargaining on non-compensation issues. 212 Sec. 1024. Maintenance of Fiscal Year 2020 salary schedules and benefits. 213 Notwithstanding any other provision of law, collective bargaining agreement, 214 memorandum of understanding, side letter, or settlement, whether specifically outlined or 215 incorporated by reference, all Fiscal Year 2020 salary schedules of covered agencies shall be 216 maintained during Fiscal Year 2021 and no increase in salary or benefits, including increases in 217 negotiated salary, wage, and benefits provisions, and negotiated salary schedules, shall be 218 provided in Fiscal Year 2021 from the Fiscal Year 2020 salary and benefits levels of covered 219 agencies. 220 Sec. 1025. Rules. 221 8 To the extent authorized by the CMPA or other applicable law to issue rules to administer 222 the salary or benefits program of a covered agency, the personnel authority for a covered agency 223 may, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved 224 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), issue rules to implement 225 this subtitle. 226 Sec. 1026. Revised revenue contingency. 227 Notwithstanding any other provision of law, a portion of the amount of local recurring 228 revenues included in the Chief Financial Officer’s revenue estimates issued prior to January 1, 229 2021, that exceeds the April 24, 2020, revenue estimate incorporated in the approved budget and 230 financial plan for Fiscal Year 2021 shall be deposited in the Workforce Investment Account to 231 satisfy the Fiscal Year 2021 negotiated salary adjustments set aside by section 1023 for 232 employees in the bargaining units covered by the collective bargaining agreements approved 233 pursuant to the Interest Arbitration Award and Collective Bargaining Agreement between the 234 District of Columbia Public Schools and the Office of the State Superintendent of Education and 235 the American Federation of State, County and Municipal Employees, District Council 20, Local 236 2921, AFL-CIO Emergency Approval Resolution of 2020, effective March 3, 2020 (Res. 23-374; 237 67 DCR 2735), and the Compensation Collective Bargaining Agreement between the District of 238 Columbia Government and Compensation Units 1 and 2, FY 2018-FY2021, Approval 239 Resolution of 2018, deemed approved February 23, 2018 (P.R. 22-738); provided, that if 240 amounts certified in a single revenue estimate are insufficient to satisfy the combined value of 241 the negotiated salary adjustments under both agreements, the Mayor or appropriate personnel 242 9 authority shall consult with the affected bargaining units as to how the available funds shall be 243 allocated. 244 SUBTITLE D. ADVISORY NEIGHBORHOOD COMMISSIONS TECHNICAL 245 SUPPORT AND ASSISTANCE 246 Sec. 1031. Short title. 247 This subtitle may be cited as the “Advisory Neighborhood Commissions Technical 248 Support and Assistance Amendment Congressional Review Emergency Act of 2020”. 249 Sec. 1032. The Advisory Neighborhood Commissions Act of 1975, effective March 26, 250 1976 (D.C. Law 1-58; D.C. Official Code § 1-309.01 et seq.) is amended as follows: 251 (a) Section 16(j)(3)(A)(iii) (D.C. Code § 1-309.13(j)(3)(A)(iii)), is amended by striking 252 the phrase “shall return to the District’s General Fund” and inserting the phrase “shall be 253 deposited in the Advisory Neighborhood Commissions Technical Support and Assistance Fund 254 established in section 16a” in its place. 255 (b) A new section 16a is added to read as follows: 256 “Sec. 16a. Advisory Neighborhood Commissions Technical Support and Assistance 257 Fund. 258 “(a) There is established as a special fund the Advisory Neighborhood Commissions 259 Technical Support and Assistance Fund (“Fund”), which shall be administered by the Office of 260 Advisory Neighborhood Commissions in accordance with subsection (c) of this section. 261 “(b) Money from the following sources shall be deposited in the Fund: 262 “(1) Such amounts as may be appropriated to the Fund; and 263 10 “(2) Any amounts allocated to Advisory Neighborhood Commissions pursuant to 264 section 738(e) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 265 Stat. 824; D.C. Code Official § 1-207.38(e)), that are forfeited pursuant to section 16(d)(3) or 266 (j)(3) or unclaimed by the last day of the fiscal year. 267 “(c) Money in the Fund shall be used to provide the following services and supports at 268 the request of Advisory Neighborhood Commissions subject to such limitations or prioritization 269 as the Office may establish due to limitation of funding: 270 “(1) Planning, development, or procurement of a mobile or computer application 271 to assist Advisory Neighborhood Commissioners with outreach and engagement with their 272 constituents; 273 “(2) Supplementing any funding allocated for communications access services, 274 including sign language interpretation, computer-aided real-time transcription, and other services 275 and supports, for Advisory Neighborhood Commissions; provided, that the funding allocated for 276 this purpose proves insufficient; 277 “(3) Ensuring that Advisory Neighborhood Commissions have access to remote 278 meeting technologies necessary for their operations; 279 “(4) Providing or procuring audio-visual technology and services to support 280 Advisory Neighborhood Commissions; 281 “(5) Providing or procuring printing services for Advisory Neighborhood 282 Commissions; and 283 “(6) Providing or procuring website assistance for Advisory Neighborhood 284 Commissions. 285 11 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 286 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 287 of a fiscal year or at any other time. 288 “(2) Subject to authorization in an approved budget and financial plan, any funds 289 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 290 SUBTITLE E. RENEWABLE ENERGY FUTURE 291 Sec. 1041. Short title. 292 This subtitle may be cited as the “Renewable Energy Future Congressional Review 293 Emergency Amendment Act of 2020”. 294 Sec. 1042. The Department of General Services Establishment Act of 2011, effective 295 September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 10-551.01, et seq.), is amended as 296 follows: 297 (a) Section 1026 (D.C. Code § 10-551.05) is amended as follows: 298 (1) Subsection (a) is amended as follows: 299 (A) Paragraph (8) is amended by striking the phrase “; and” and inserting 300 a semicolon in its place. 301 (B) Paragraph (9) is amended by striking the period and inserting a 302 semicolon in its place. 303 (C) A new paragraph (10) is added to read as follows: 304 “(10) Any study of the feasibility of initiating or expanding renewable energy 305 generation, which shall include an analysis of the potential for capturing solar or other forms of 306 renewable energy that is conducted pursuant to subsection (c-1) of this section.”. 307 12 (2) A new subsection (c-1) is added to read as follows: 308 “(c-1) The Department shall produce and publish on its website an analysis of the 309 feasibility of initiating or expanding renewable energy generation, including an analysis of the 310 potential for capturing solar or other forms of renewable energy at each District-owned property 311 under the control of the Mayor on a rolling basis, with each property re-analyzed no less than 312 once every 10 years.”. 313 (b) A new section 1028d is added to read as follows: 314 “Sec. 1028d. Renewable energy generation at District-owned properties. 315 “(a) Subject to the availability of funding, the Department shall initiate or expand 316 renewable energy generation at every District-owned property under the control of the Mayor 317 where doing so is found feasible by the analysis required by section 1026(c-1). 318 “(b) Notwithstanding the Small and Certified Business Enterprise Development and 319 Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2- 320 218.01 et seq.) (“CBE Act”), or any other provision of District law or regulation, any contract 321 entered into to implement this section, absent a waiver pursuant to section 2351 of the CBE Act 322 (D.C. Official Code § 2-218.51), shall: 323 “(1) Be awarded to a qualified small business enterprise; provided, that if the 324 Department determines that there are not at least 2 qualified small business enterprises that can 325 provide the services or goods that are the subject of the contract, the Department may use any 326 qualified certified business enterprise; or 327 “(2) Require that at least 50% of the dollar volume of the contract shall be 328 subcontracted to qualified small business enterprises; provided, that if there are insufficient 329 13 qualified small business enterprises to meet the requirement and best efforts are made to ensure 330 that qualified small business enterprises are significant participants in the overall subcontracting 331 work, then the subcontracting requirement may be satisfied by subcontracting 50% of the dollar 332 volume to any qualified certified business enterprise.”. 333 SUBTITLE F. DC CENTER FOR THE LGBT COMMUNITY GRANT 334 Sec. 1051. Short title. 335 This subtitle may be cited as the “The DC Center for the LGBT Community Support 336 Congressional Review Emergency Act of 2020”. 337 Sec. 1052. For Fiscal Year 2021, the Department of General Services shall award the DC 338 Center for the LGBT Community a grant in the amount of $70,000 to sustain its operations while 339 the organization anticipates an upcoming move. 340 SUBTITLE G. ACCESS TO JOBS 341 Sec. 1061. Short title. 342 This subtitle may be cited as the “Access to Jobs Congressional Review Emergency 343 Amendment Act of 2020”. 344 Sec. 1062. Section 3(b)(2) of the Office on Ex-Offender Affairs and the Commission on 345 Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. 346 Law 16-243; D.C. Official Code § 24-1302(b)(2)), is amended by adding new subparagraph (L) 347 to read as follows: 348 “(L) Establish and implement a pilot program to support the employment 349 of 10 returning citizens through grants to employers for 2 years beginning in Fiscal Year 2021; 350 provided, that: 351 14 “(i) To qualify for the pilot program, an eligible employer shall: 352 “(I) Register with the Office on Returning Citizen Affairs to 353 accept applications for employment from eligible individuals; 354 “(II) Demonstrate that potential employees in the pilot 355 program have opportunities for advancement within the eligible employer’s organization or 356 industry; 357 “(III) Hire one or more eligible individuals who meet the 358 requirements of sub-subparagraph (ii) of this subparagraph; 359 “(IV) Be located within the District; 360 “(V) Pay each employed eligible individual at least the 361 minimum wage required pursuant to the Minimum Wage Act Revision Act of 1992, effective 362 March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1001 et seq.); 363 “(VI) Employ each eligible individual for a minimum of 364 20 hours per week for a minimum of 8 weeks; 365 “(VII) Submit an application; and 366 “(VIII) Provide documentation as required by the Office on 367 Returning Citizen Affairs to substantiate the satisfaction of each requirement of the pilot 368 program for the participating eligible employer and for each eligible individual employed. 369 “(ii) For an eligible employer to receive a grant for the 370 employment of an eligible individual, the eligible individual must: 371 “(I) Have been previously incarcerated; 372 “(II) Be a resident of the District; 373 15 “(III) Have completed a workforce development and life 374 skills program within the District; and 375 “(IV) Have been unemployed for a period of at least one 376 month prior to being hired by the participating eligible employer. 377 “(iii) Grants offered through the pilot program shall be disbursed: 378 “(I) Initially, after an eligible employer has provided 379 documentation substantiating that the eligible employer employed an eligible individual for a 380 minimum of 20 hours per week for a minimum of 8 weeks; 381 “(II) Subsequent to the initial disbursement, at the end of 382 each month that the eligible individual is employed pursuant to the requirements of the pilot 383 program; 384 “(iv) The maximum amount of the grant disbursements offered 385 through the pilot program to each participating eligible employer shall be: 386 “(I) For the first year that an eligible individual is employed 387 by a participating eligible employer, 40% of the minimum wage for a period not to exceed 40 388 hours per week and 2,080 hours per year for each eligible individual hired under the pilot 389 program; and 390 “(II) For the second year that an eligible individual is 391 employed by the same participating eligible employer, 80% of the minimum wage for a period 392 not to exceed 40 hours per week and 2,080 hours per year for each eligible individual hired under 393 the pilot program. 394 16 “(v)(I) The total amount of funding expended through the pilot 395 program shall not exceed the amount budgeted for the pilot program. 396 “(II) Eligible employers shall receive funding in the order 397 that they successfully provide the documentation required pursuant to sub-subparagraph (i)(VII) 398 of this subparagraph for the employment of an eligible individual. 399 “(III) For each eligible individual for whom documentation 400 successfully has been submitted, an amount of funds shall be set aside such that the eligible 401 employer may be reimbursed for the employment of an eligible individual for a period no shorter 402 than the remainder of the fiscal year during which the documentation was submitted, and the 403 remainder of the assistance shall be subject to the availability of funding.”. 404 SUBTITLE H. PARALEGAL PROGRAM ESTABLISHMENT 405 Sec. 1071. Short title. 406 This subtitle may be cited as the “Returning Citizen Paralegal Fellowship Initiative Pilot 407 Program Congressional Review Emergency Amendment Act of 2020”. 408 409 Sec. 1072. Section 3(b)(2) of the Office on Ex-Offender Affairs and the Commission on 410 Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. 411 Law 16-243; D.C. Official Code § 24-1302(b)(2)), is amended by adding a new subparagraph 412 (M) to read as follows: 413 “(M) Conduct a Paralegal Fellowship Initiative pilot program that places a 414 cohort of returning citizen students in an accredited, university-based paralegal certification 415 17 program located in the District of Columbia, while providing the students with support services 416 necessary for their success.”. 417 SUBTITLE I. NON-PROFIT FAIRNESS ANALYSIS 418 Sec. 1081. Short title. 419 This subtitle may be cited as the “Non-Profit Reimbursement Fairness Analysis 420 Congressional Review Emergency Amendment Act of 2020”. 421 Sec. 1082. Section 204(b) of the Procurement Practices Reform Act of 2010, effective 422 April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.04(b)), is amended as follows: 423 (a) Paragraph (15) is amended by striking the phrase “; and” and inserting a semicolon in 424 its place. 425 (b) Paragraph (16) is amended by striking the period and inserting the phrase “; and” in 426 its place. 427 (c) A new paragraph (17) is added to read as follows: 428 “(17) To issue a report to the Mayor and the Council by April 1, 2021, that 429 includes: 430 “(A) A review and analysis of the funding of indirect costs in the terms of 431 grant agreements or contracts entered into between nonprofit organizations and the District 432 government; 433 “(B) A table listing the federal funding associated with contracts or grants 434 passed through to nonprofit organizations by the District government in Fiscal Year 2020, 435 including any funding passed through to nonprofit organizations to meet their indirect costs and 436 any funding retained by the District rather than being passed through for this purpose; and 437 18 “(C) Any recommended amendments to law, regulations, policy, or 438 training in order to ensure the legal, fair, and consistent funding of indirect costs to nonprofit 439 organizations by the District.”. 440 SUBTITLE J. INDIGENOUS PEOPLES’ DAY 441 Sec. 1091. Short title. 442 This subtitle may be cited as the “Indigenous Peoples’ Day Congressional Review 443 Emergency Amendment Act of 2020”. 444 Sec. 1092. Section 1202(a)(7) of the District of Columbia Government 445 Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; 446 D.C. Official Code § 1-612.02(a)(7)), is amended by striking the phrase “Columbus Day” 447 and inserting the phrase “Indigenous Peoples’ Day” in its place. 448 Sec. 1093. Section 25-723(c)(1)(B) of the District of Columbia Official Code is 449 amended by striking the phrase “Columbus Day” and inserting the phrase “Indigenous 450 Peoples’ Day” in its place. 451 452 Sec. 1094. Section 28-2701 of the District of Columbia Official Code is amended 453 by striking the phrase “Columbus Day” and inserting the phrase “Indigenous Peoples’ 454 Day” in its place. 455 SUBTITLE K. CAMPAIGN FINANCE REFORM IMPLEMENTATION 456 Sec. 1101. Short title. 457 This subtitle may be cited as the “Campaign Finance Reform Implementation 458 Congressional Review Emergency Amendment Act of 2020”. 459 19 Sec. 1102. Section 1108(c-1) of the District of Columbia Government Comprehensive 460 Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1- 461 611.08(c-1)), is amended as follows: 462 (a) Paragraph (9) is amended by striking the semicolon and inserting the phrase “; and” in 463 its place. 464 (b) Paragraph (10) is amended by striking the phrase “; and” and inserting a period in its 465 place. 466 (c) Paragraph (11) is repealed. 467 Sec. 1103. The Campaign Finance Act of 2011, effective April 27, 2012 (D.C. Law 19- 468 124; D.C. Official Code § 1-1163.01 et seq.), is amended as follows: 469 (a) Section 302a(h) (D.C. Official Code § 1-1163.02a(h)) is amended to read as follows: 470 “(h) Members of the Campaign Finance Board, including the Chairperson, shall not 471 receive compensation for their service on the Campaign Finance Board.”. 472 (b) Section 309(b) (D.C. Official Code § 1-1163.09(b)) is amended to read as follows: 473 “(b) The reports required by subsection (a) of this section shall be filed on the 10th day of 474 March, June, August, October, and December in the 7 months preceding the date on which, and 475 in each year during which, an election is held for the office sought, and 8 days before a special or 476 general election, and also by the 31st day of January each year. In addition, the reports shall be 477 filed on the 31st day of July of each year in which there is no election. The reports shall be 478 complete as of the date prescribed by the Director of Campaign Finance, which shall not be more 479 than 5 days before the date of filing, except that any contribution of $200 or more received after 480 20 the closing date prescribed by the Director of Campaign Finance for the last report required to be 481 filled before the election shall be reported within 24 hours after its receipt.”. 482 Sec. 1104. Section 10 of the Campaign Finance Reform Amendment Act of 2018, 483 effective March 13, 2019 (D.C. Law 22-250; 66 DCR 985), is amended to read as follows: 484 “Sec. 10. Applicability. 485 “(a) Sections 6(b)(4), (8), and (22), and (pp), 8, and 9: 486 “(1)(A) Shall apply upon the date of inclusion of their fiscal effect in an approved 487 budget and financial plan. 488 “(B) The Chief Financial Officer shall certify the date of the inclusion of 489 the fiscal effect in an approved budget and financial plan and provide notice to the Budget 490 Director of the Council of the certification. 491 “(C)(i) The Budget Director shall cause the notice of the certification to be 492 published in the District of Columbia Register. 493 “(ii) The date of publication of the notice of the certification shall 494 not affect the applicability of sections 6(b)(4), (8), and (22), and (pp), 8, and 9. 495 “(2) Shall not apply to contracts, as defined in section 101(10C)(A)(ii) of the 496 Board of Ethics and Government Accountability Establishment and Comprehensive Ethics 497 Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official 498 Code § 1-1161.01(10C)(A)(ii)), including those contracts’ option periods or similar contract 499 extensions or modifications, sought, entered into, or executed before the applicability date of 500 sections 6(b)(4), (8), and (22), and (pp), 8, and 9. 501 21 “(b)(1) Notwithstanding any other law, the functions and duties transferred to the 502 Campaign Finance Board pursuant to this act shall continue to be implemented by the Elections 503 Board or the Director of Campaign Finance, as applicable, until the date that the Campaign 504 Finance Board has a quorum of members. 505 “(2) All rules, orders, obligations, determinations, grants, contracts, 506 licenses, and agreements of the Board of Elections transferred to the Campaign Finance 507 Board under this act shall continue in effect according to their terms until lawfully 508 amended, repealed, or modified.”. 509 TITLE II. ECONOMIC DEVELOPMENT AND REGULATION 510 SUBTITLE A. BUSINESS RECOVERY TASK FORCE ESTABLISHMENT 511 Sec. 2001. Short title. 512 This subtitle may be cited as the “Business Recovery Task Force Establishment 513 Congressional Review Emergency Act of 2020”. 514 515 Sec. 2002. There is established the Business Recovery Task Force (“Task Force”) to 516 provide recommendations to the Mayor and Council regarding the recovery of the District’s 517 businesses following the end of the COVID-19 emergency. 518 Sec. 2003. Membership; appointment; staff; meetings. 519 (a) The Task Force shall be composed of: 520 (1) The following government members, or their designees: 521 (A) The Deputy Mayor for Planning and Economic Development; 522 22 (B) The Director of the Department of Small and Local Business 523 Development (“Department”); and 524 (C) The Chairperson of the Council’s Committee on Business and 525 Economic Development; and 526 (2) Eight representatives of business enterprises, one from each Ward, all of 527 whom shall be District residents, who collectively represent industries and geographical areas 528 hardest hit by the COVID-19 emergency, with at least one representative being an owner of an 529 equity impact enterprise as defined by section 2302(8A) of the Small and Certified Business 530 Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16- 531 33; D.C. Official Code § 2-218.02(8A)) (“CBE Act”). 532 (b) The business representatives shall be appointed by the Chairman of the Council after 533 receiving recommendations made by the Chairperson of the Council Committee on Business and 534 Economic Development and shall serve without compensation. 535 (c) The Chairperson of the Task Force shall be designated by the Chairperson of the 536 Council’s Committee on Business and Economic Development from among the business 537 representatives. 538 (d) The Department shall provide administrative support for the Task Force. 539 (e) If, when all the members have been appointed and the Task Force is functioning, the 540 COVID-19 emergency is still in effect, the Task Force shall convene monthly. After the COVID- 541 19 emergency has been lifted, the Task Force shall meet not less frequently than quarterly until 542 dissolved. 543 Sec. 2004. Reporting requirement. 544 23 Within 180 days after the appointment of the appointed members, the Task Force shall 545 submit a report to the Mayor and the Council that addresses the following: 546 (1) Recommendations to identify and access available technical and financial 547 assistance opportunities, including the Small Business Administration Disaster Relief funds and 548 other federal funds as they become available; 549 (2) Support for outreach and educational efforts to small businesses; and 550 (3) Long-term policy recommendations for economic recovery of small 551 businesses following the COVID-19 emergency. 552 Sec. 2005. Definitions. 553 For the purposes of this subtitle, term: 554 (1) “COVID-19 emergency” means the public health emergencies declared in the 555 Declaration of Public Emergency (Mayor’s Order 2020-045) together with the Declaration of 556 Public Health Emergency (Mayor’s Order 2020-046), declared on March 11, 2020, including any 557 extension of those declared emergencies. 558 (2) “Small business enterprise” shall have the same meaning as provided in 559 2302(16) of the CBE Act (D.C. Official Code § 2-218.02(16)). 560 Sec. 2006. Sunset. 561 The Task Force shall dissolve, and this subtitle shall expire as of the date the Task Force 562 submits the report required by section 2004. 563 SUBTITLE B. NEW YORK AVENUE, N.E., RETAIL PRIORITY AREA 564 EXPANSION 565 Sec. 2011. Short title. 566 24 This subtitle may be cited as the “New York Avenue, N.E., Retail Priority Area 567 Expansion Congressional Review Emergency Amendment Act of 2020”. 568 Sec. 2012. Section 4(k) of the Retail Incentive Act of 2004, effective September 8, 2004 569 (D.C. Law 15-185; D.C. Official Code § 2-1217.73(k)), is amended by adding a new paragraph 570 (3) to read as follows: 571 “(3) In addition to the areas described in paragraphs (1) and (2) of this subsection, 572 the New York Avenue, N.E., Retail Priority Area shall consist of the area beginning at the 573 intersection of Montello Avenue, N.E., and Florida Avenue, N.E., continuing northeast along 574 Montello Avenue, N.E., until Mt. Olivet Road, N.E.”. 575 SUBTITLE C. OPPORTUNITY ZONE TAX BENEFITS 576 Sec. 2021. Short title. 577 This subtitle may be cited as the “Aligning Opportunity Zone Tax Benefits with DC 578 Community Priorities Congressional Review Emergency Amendment Act of 2020”. 579 Sec. 2022. Title 47 of the District of Columbia Official Code is amended as follows: 580 (a) Section 47-1801.04 is amended by adding new paragraphs (39A), (39B), (39C), and 581 (39D) to read as follows: 582 “(39A) “Qualified opportunity fund” shall have the same meaning as set forth in 583 section 1400Z-2 of the Internal Revenue Code of 1986, approved December 22, 2017 (131 Stat. 584 2184; 26 U.S.C. § 1400Z-2) (“section 1400Z-2”). 585 “(39B) “Qualified opportunity zone” shall have the same meaning as set forth in 586 section 1400Z-2. 587 25 “(39C) “Qualified opportunity zone business” shall have the same meaning as set 588 forth in section 1400Z-2. 589 “(39D) “Qualified opportunity zone business property” shall have the same 590 meaning as set forth in section 1400Z-2.”. 591 (b) Section 47-1803.03(a) is amended by adding a new paragraph (20) to read as follows: 592 “(20) Capital Gains. -- 593 “(A) Deferral of a capital gains tax payment for investing in a qualified 594 opportunity fund (“QOF”) shall be realized only if the taxpayer invests in a QOF that meets the 595 criteria set forth in subparagraph (D) of this paragraph; 596 “(B) Reduction of capital gains tax liability through a 10% step-up in 597 basis, if invested in a QOF for 5 years prior to December 31, 2026, and an additional 5% step-up 598 in basis, if invested in a QOF for 7 years prior to December 31, 2026, shall be realized only if the 599 taxpayer invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; 600 “(C) Abatement of capital gains tax on an investment of capital gains in a 601 QOF for at least 10 years before December 31, 2047, shall be realized only if the taxpayer 602 invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; 603 “(D) To receive the benefits described in subparagraphs (A), (B), and (C) 604 of this paragraph, the taxpayer shall: 605 “(i) Invest in a QOF that: 606 “(I) Is certified by the Mayor as an eligible QOF pursuant 607 to subparagraph (E) of this paragraph; 608 26 “(II) Has invested at least the value of the taxpayer’s 609 investment in the QOF in a qualified opportunity zone in the District; and 610 “(III) Has submitted its IRS Form 8996 to the Office of Tax 611 and Revenue for the tax year in which the taxpayer is seeking the benefits described in 612 subparagraphs (A), (B), and (C) of this paragraph; and 613 “(ii) Submit an IRS Form 8997 to the Office of Tax and Revenue 614 for the tax year in which the taxpayer is seeking the benefits described in subparagraphs (A), (B), 615 and (C) of this paragraph. 616 “(E) To be certified by the Mayor as an eligible QOF, a QOF shall submit 617 to the Mayor documentation showing: 618 “(i) That some or all of its investments in qualified opportunity 619 zone businesses and qualified opportunity zone business property are in businesses or property 620 that: 621 “(I) Have been selected by the District government for a 622 grant, loan, tax incentive, tax abatement, or other benefit or incentive intended to promote 623 economic or community development in the District; 624 “(II) Have been selected by the Office of the Deputy Mayor 625 for Planning and Economic Development to manage the redevelopment of a property, with 626 respect to a business, or that are owned or disposed of by the District government, with respect to 627 a property; 628 “(III) Have an unconditioned resolution of support from the 629 Advisory Neighborhood Commission in which the business or property is located or a 630 27 conditional resolution of support from the Advisory Neighborhood Commission in which the 631 business or property is located and the Mayor determines that each of the conditions of the 632 resolution have been met; or 633 “(IV) Are located in the District and have been scored by 634 the QOF using the Urban Institute’s Opportunity Zone Community Impact Assessment Tool, or 635 other assessment tool approved by the Mayor, and received a score of 75 (or its equivalent) or 636 greater; and 637 “(ii) That the dollar amount of the investments that the QOF has 638 made in qualified opportunity zone businesses and qualified opportunity zone business property 639 meets the standards set forth in sub-subparagraph (i) of this subparagraph.”. 640 SUBTITLE D. STREETSCAPE BUSINESS DEVELOPMENT RELIEF 641 Sec. 2031. Short title. 642 This subtitle may be cited as the “Streetscape Business Development Relief Fund 643 Expansion Congressional Review Emergency Amendment Act of 2020”. 644 Sec. 2032. Section 603 of the Streetscape Fund Amendment Act of 2010, effective April 645 8, 2011 (D.C. Law 18-370; D.C. Official Code § 1-325.191), is amended as follows: 646 (a) Subsection (c) is amended as follows: 647 (1) Strike the phrase “to any individual” and insert the phrase “to a District Main 648 Streets Program organization or individual” in its place. 649 (2) Strike the phrase “business inside or adjoining” and insert the phrase “business 650 within the project boundaries of or adjoining” in its place. 651 28 (3) Strike the phrase “grant, a retail business” and insert the phrase “grant, a 652 District Main Streets Program organization or individual or entity operating a retail business” in 653 its place. 654 (4) Strike the phrase “submitted by the retail” and insert the phrase “submitted by 655 the District Main Street Program organization or individual or entity operating a retail” in its 656 place. 657 (b) A new subsection (e) is added to read as follows: 658 “(e) Within 180 days of the end of the Fiscal Year 2020, and every year thereafter, the 659 Department of Small and Local Business Development shall submit a report to the Council 660 detailing all loans, grants, and sub-grants issued pursuant to this section, including information 661 on the dollar amount disbursed, recipients of financial assistance, and whether the recipient is a 662 certified business enterprise.”. 663 SUBTITLE E. EQUITY IMPACT ENTERPRISE ESTABLISHMENT 664 Sec. 2041. Short title. 665 This subtitle may be cited as the “Equity Impact Enterprise Establishment Congressional 666 Review Emergency Amendment Act of 2020”. 667 Sec. 2042. The Small and Certified Business Enterprise Development and Assistance Act 668 of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.), is 669 amended as follows: 670 (a) The table of contents is amended by adding a new part D-i to read as follows: 671 “Part D-i. Programs for equity impact enterprises. 672 “Sec. 2377. Equity impact enterprise.”. 673 29 (b) Section 2302 (D.C. Official Code § 2-218.02) is amended by adding a new paragraph 674 (8A) to read as follows: 675 “(8A) “Equity impact enterprise” means a business enterprise that is a resident- 676 owned business and a small business enterprise that can demonstrate that it is at least 51% owned 677 by an individual who is, or a majority number of individuals who are: 678 “(A) Economically disadvantaged individuals; or 679 “(B) Individuals who have been subjected to racial or ethnic prejudice or 680 cultural bias because of their identity as a member of a group without regard to their individual 681 qualities.”. 682 (c) Section 2343(a) (D.C. Official Code § 2-218.43(a)) is amended as follows: 683 (1) Paragraph (1) is amended as follows: 684 (A) Subparagraph (G) is amended by striking the phrase “; and” and 685 inserting a semicolon in its place. 686 (B) Subparagraph (H) is amended by striking the period and inserting the 687 phase “; and” in its place. 688 (C) A new subparagraph (I) is added to read as follows: 689 “(I) Five points for an equity impact enterprise.”. 690 (2) Paragraph (2) is amended as follows: 691 (A) Subparagraph (G) is amended by striking the phrase “; and” and 692 inserting a semicolon in its place. 693 (B) Subparagraph (H) is amended by striking the period and inserting the 694 phase “; and” in its place. 695 30 (C) A new subparagraph (I) is added to read as follows: 696 “(I) Ten percent for an equity impact enterprise.”. 697 (d) Section 2347 (D.C. Official Code § 2-218.47) is amended to read as follows: 698 “Sec. 2347. Unbundling requirement; rulemaking requirement. 699 “(a)(1) No later than January 1, 2021, the Mayor, pursuant to Title I of the District of 700 Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. 701 Official Code § 2-501 et seq.), shall issue rules on unbundling that include procedures to ensure 702 that solicitations are subdivided and unbundled and that smaller contracts are created to the 703 extent feasible and fiscally prudent. 704 “(2) The proposed rules required by paragraph (1) of this subsection shall be 705 submitted to the Council for a 30-day period of review, excluding days of Council recess. If the 706 Council does not approve or disapprove the proposed rules by resolution within the 30-day 707 review period, the proposed rules shall be deemed approved. 708 “(b) Beginning on January 1, 2021, and quarterly thereafter, the Department shall 709 publicly make available on its website solicitations that have been subdivided and unbundled. 710 “(c) Five years from the effective date of the Equity Impact Enterprise Establishment 711 Amendment Act of 2020, passed on 2nd reading on July 28, 2020 (Enrolled version of Bill 23- 712 760), the Mayor shall evaluate the effectiveness of the equity impact enterprise program and 713 whether or not it has resulted in creating more contracting opportunities for equity impact 714 enterprises and submit the evaluation to the Council. 715 31 “(d) The Department shall provide targeted technical assistance, networking 716 opportunities, and vendor workshops to prepare equity impact enterprises to compete for 717 contracting and procurement opportunities.”. 718 (e) Section 2349(b) (D.C. Official Code § 2-218.49(b)) is amended to read as follows: 719 “(b) No later than October 1, 2020, the Mayor shall implement a pilot program for equity 720 impact enterprises.”. 721 (f) Section 2375(d)(1) (D.C. Official Code § 2-218.75(d)(1)) is amended by striking the 722 phrase “or a resident-owned business enterprises pursuant to section 2235” and inserting the 723 phrase “a resident-owned business enterprise pursuant to section 2235, or an equity impact 724 enterprise as defined in section 2302(8A)” in its place. 725 (g) A new Part D-i is added to read as follows: 726 “Part D-i. Programs for Equity impact enterprises. 727 “Sec. 2377. Equity impact enterprise. 728 “An equity impact enterprise, as defined in section 2302(8A), shall be eligible for 729 certification as an impact enterprise.”. 730 Sec. 2043. Section 2 of the Minority and Women-Owned Business Assessment Act of 731 2008, effective March 26, 2008 (D.C. Law 17-136; D.C. Official Code § 2-214.01), is amended 732 as follows: 733 (a) Subsection (a) is amended as follows: 734 (1) Paragraph (2) is amended by striking the phrase “; and” and inserting a 735 semicolon in its place. 736 32 (2) Paragraph (3) is amended by striking the period and inserting the phrase “; 737 and” in its place. 738 (3) A new paragraph (4) is added to read as follows: 739 “(4) Ensure all District agencies with procurement authority, including 740 independent agencies, are trained to evaluate, collect, and accurately track spending data as well 741 as demographic data such as race and gender, upon request of District contract and procurement 742 awardees, to better assess the District utilization of equity impact enterprises, minority-owned 743 prime contractors and subcontractors, and women-owned prime contractors and subcontractors.”. 744 (b) Subsection (b-1) is amended as follows: 745 (1) The lead-in language of paragraph (1) is amended to read as follows: 746 “In Fiscal Year 2021, the Mayor shall contract with a person or entity to conduct a 747 District-based study (“disparity study”) to:”. 748 (2) A new paragraph (1A) is added to read as follows: 749 “(1A) All agencies with procurement authority, including independent agencies, 750 shall coordinate with the Executive Office of the Mayor to provide timely and accurate 751 information to assist with the completion of the disparity study.”. 752 (3) Paragraph (2) is amended by striking the phrase “270 days after October 30, 753 2018” and inserting the phrase “450 days after October 30, 2020” in its place. 754 SUBTITLE F. DMPED LIMITED GRANT-MAKING AUTHORITY 755 Sec. 2051. Short title. 756 33 This subtitle may be cited as the “Deputy Mayor for Planning and Economic 757 Development Limited Grant Making Authority Congressional Review Emergency Amendment 758 Act of 2020”. 759 Sec. 2052. Section 2032 of the Deputy Mayor for Planning and Economic Development 760 Limited Grant-Making Authority Act of 2012, effective September 12, 2012 (D.C. Law 19-168; 761 D.C. Official Code § 1-328.04), is amended as follows: 762 (a) Subsection (d) is amended as follows: 763 (1) Paragraph (2) is amended by striking the phrase “; and” and inserting a 764 semicolon in its place. 765 (2) Paragraph (3) is amended by striking the period and inserting a semicolon in 766 its place. 767 (3) New paragraphs (4), (5), and (6) are added to read as follows: 768 “(4)(A) Funds to equity impact enterprises operating in Ward 5, 7, or 8 to increase 769 economic or community development in an underserved area of the District; 770 “(B) For the purposes of this paragraph, the term “equity impact 771 enterprise” shall have the same meaning as set forth in section 2302(8A) of the Small and 772 Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 773 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(8A)); 774 “(5) Funds to provide real property tax rebates pursuant to D.C. Official Code 775 § 47-4665, in amount not to exceed $3 million in a fiscal year; except, that in Fiscal Year 2021, 776 the amount shall not exceed $580,366; 777 34 “(6) Beginning in Fiscal Year 2021 and annually thereafter, the Deputy Mayor 778 shall award a grant of not less than $200,000 to an organization that advances equitable 779 economic development by facilitating and increasing the number of procurement contracts for 780 products and services between District-based businesses and large-scale anchor institutions, such 781 as universities and hospitals.”. 782 (b) A new subsection (i) is added to read as follows: 783 “(i)(1) Notwithstanding section 1094 of the Grant Administration Act of 2013, effective 784 December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.13), in Fiscal Year 2021, the 785 Deputy Mayor shall award a grant to a bank chartered under the laws of the District on or before 786 March 11, 2020, in an amount of at least $1 million for purposes that: 787 “(A) Support an equitable economic recovery for the District of Columbia; 788 and 789 “(B) Increase access to loans, grants, financial services, and banking 790 products to District residents, businesses, nonprofits, and community-based organizations. 791 “(2) A grantee who receives a grant pursuant to paragraph (1) of this subsection 792 shall submit to the Deputy Mayor by September 30, 2021, information on the use of the grant 793 funds, including: 794 “(A) A description of services provided through the grant funds; 795 “(B) The aggregate number of individuals, businesses, nonprofits, and 796 community-based organization, by recipient type, receiving support from the grantee and the 797 aggregate amount received, by recipient type; 798 35 “(C) Except as may be prohibited by federal law, the business name and 799 address for each business receiving support from the grantee and the amount received by each 800 such business; and 801 “(D) The number of homeowners receiving support from the grantee and 802 the total amount spent to assist District homeowners. 803 “(3) The Deputy Mayor shall provide to the Council a report based on the 804 information required by paragraph (2) of this subsection, along with a summary analysis of the 805 efficacy and benefits of the grants issued by the grantee, by November 1, 2021.”. 806 Sec. 2053. Section 47-4665 of the District of Columbia Official Code is amended as 807 follows: 808 (a) The lead-in language of subsection (b) is amended by striking the phrase “shall 809 receive,” and inserting the phrase “may receive” in its place. 810 (b) The lead-in language of subsection (c)(1) is amended by striking the phrase “shall be 811 equal” and inserting the phrase “shall be equal, subject to the availability of funds,” in its place. 812 (c) Subsection (f) is amended as follows: 813 (1) The existing text is designated as paragraph (1). 814 (2) A new paragraph (2) is added to read as follows: 815 “(2) Notwithstanding paragraph (1) of this subsection, the total combined rebate 816 payments for Fiscal Year 2021 for all occupants under this section shall not exceed $580,366.”. 817 SUBTITLE G. TAX ABATEMENTS FOR AFFORDABLE HOUSING 818 Sec. 2061. Short title. 819 36 This subtitle may be cited as the “Tax Abatements for Affordable Housing in High-Need 820 Areas Congressional Review Emergency Amendment Act of 2020”. 821 Sec. 2062. Chapter 8 of Title 47 of the District of Columbia Official Code is amended as 822 follows: 823 (a) The table of contents is amended by adding a new section designation to read as 824 follows: 825 “47-860. Tax abatement for affordable housing in high-need affordable housing areas.”. 826 (b) A new section 47-860 is added to read as follows: 827 “§ 47-860. Tax abatement for affordable housing in high-need affordable housing areas. 828 “(a) Real property tax imposed by § 47-811 on real property certified as eligible pursuant 829 to subsection (d) of this section shall be abated for the period set forth in subsection (c) of this 830 section; provided, that: 831 “(1) The real property is located in a high-need affordable housing area; 832 “(2) The real property is designated by the Mayor pursuant to subsection (b) of 833 this section; 834 “(3) For the duration of the period set forth in subsection (c) of this section, at 835 least one third of the housing units developed or redeveloped on the real property are affordable 836 to and rented by households earning on average 80% or less of the median family income; 837 provided, that during such period no such household earn more than 100% of the median family 838 income; 839 37 “(4) The developer files a covenant in the land records of the District, binding on 840 the developer and all of its successors in interest with respect to the property, covenanting to 841 comply with the requirements of paragraph (3) of this subsection; 842 “(5) The developer enters into an agreement with the District that requires the 843 developer to, at a minimum, contract with certified business enterprises for at least 35% of the 844 contract dollar volume of the construction and operations of the project, in accordance with 845 section 2346 of the CBE Act (D.C. Official Code § 2-218.46); 846 “(6) The developer enters into a First Source Agreement for the operations of the 847 project; and 848 “(7) The developer enters into an agreement with the Mayor setting forth the 849 requirements of this subsection and such other terms and conditions as the Mayor considers 850 appropriate. 851 “(b) The Mayor may, through a competitive process, designate real property to be eligible 852 to receive a tax abatement under this section; provided, that the total amount of the tax 853 abatements associated with real property designated by the Mayor pursuant to this subsection 854 shall not exceed $200,000 in Fiscal Year 2024 and shall not exceed $4 million annually 855 thereafter. 856 “(c) The tax abatement provided for by this section shall begin in the tax year 857 immediately following the tax year during which the certificate of occupancy was issued for the 858 final housing unit counted toward satisfying the affordability requirement of subsection (a)(3) of 859 this section and shall continue until the end of the 30th tax year after the tax year during which 860 such certificate of occupancy is issued; provided, that the Mayor may opt to continue the tax 861 38 abatement provided for by this section until the end of the 40th tax year after the tax year during 862 which such certificate of occupancy is issued; provided further, that the tax abatement provided 863 for by this section shall not begin before October 1, 2023. 864 “(d)(1) The Mayor shall certify to the Office of Tax and Revenue a real property’s 865 eligibility for the abatement provided by this section. The Mayor’s certification shall include: 866 “(A) A description of the real property by street address, square, suffix, 867 and lot; 868 “(B) The date the certificate of occupancy was issued for the final housing 869 unit counted toward satisfying the affordability requirements of subsection (a)(3) of this section; 870 “(C) The date the tax abatement begins and ends under subsection (c) of 871 this section; 872 “(D) A statement that the conditions specified in subsection (a) of this 873 section have been satisfied; and 874 “(E) The amount of abatement allocated to the property pursuant to 875 subsection (b) of this section; and 876 “(F) Any other information that the Mayor considers necessary or 877 appropriate. 878 “(2) If at any time the Mayor determines that the real property has become 879 ineligible for the abatement provided by this section, the Mayor shall notify the Office of Tax 880 and Revenue and shall specify the date that the property became ineligible. The entire property 881 shall be ineligible for the abatement on the first day of the tax year following the date when the 882 ineligibility occurred. 883 39 “(e) The tax abatement provided by this section shall be in addition to, not in lieu of, any 884 other tax relief or assistance from any other source. 885 “(f) The requirements of the First Source Act shall not apply to the construction or 886 development of a project developed on real property designated by the Mayor pursuant to 887 subsection (b) of this section. 888 “(g) For the purposes of this section, the term: 889 “(1) “CBE Act” means the Small and Certified Business Enterprise Development 890 and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 891 2-218.01 et seq.). 892 “(2) “Certified business enterprise” means a business enterprise or joint venture 893 certified pursuant to the CBE Act. 894 “(3) “Developer” means the owner of housing units on real property eligible for a 895 tax abatement under this section. 896 “(4) “First Source Act” means the First Source Employment Agreement Act of 897 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2-219.01 et seq.). 898 “(5) “First Source Agreement” means an agreement with the District governing 899 certain obligations of the Developer pursuant to section 4 of the First Source Act (D.C. Official 900 Code § 2-219.03), and Mayor’s Order 83-265, dated November 9, 1983, regarding job creation 901 and employment. 902 “(6) “High-need affordable housing area” means the 4 planning areas identified in 903 the District’s Housing Equity Report, published in October 2019, with the highest dedicated 904 affordable housing production goals (Rock Creek West, Rock Creek East, Capitol Hill, and 905 40 Upper Northeast), plus 1,000 feet in any direction beyond any of those 4 planning area 906 boundaries. 907 “(7) “Median Family Income” has the meaning set forth in section 101(5) of the 908 Inclusionary Zoning Implementation Amendment Act of 2006, effective September 23, 2017 909 (D.C. Law 16-275; D.C. Official Code § 6-1041.01(5)).”. 910 “(h) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 911 Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue 912 regulations to implement this section.”. 913 SUBTITLE H. HEALTHCARE WORKFORCE PARTNERSHIP 914 Sec. 2071. Short title. 915 This subtitle may be cited as the “Healthcare Workforce Partnership Establishment 916 Congressional Review Emergency Act of 2020”. 917 Sec. 2072. Definitions. 918 (1) “HWI grant” means the grant awarded to the Intermediary pursuant to section 919 2073. 920 (2) “Intermediary” means the entity selected to be the Healthcare Workforce 921 Intermediary pursuant to section 2073. 922 (3) “Partnership” means the Healthcare Workforce Partnership established 923 pursuant to section 2075. 924 (4) “Training” means occupational skills training for occupations in the healthcare 925 sector. 926 (5) “WIC” means the Workforce Investment Council. 927 41 (6) “WIOA” means the Workforce Innovation and Opportunity Act, approved 928 July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.). 929 Sec. 2073. Establishment of a Healthcare Workforce Intermediary. 930 (a)(1) By December 1, 2020, the WIC shall select, through award of a grant, the 931 Healthcare Workforce Intermediary to establish, convene, and assist the Healthcare Workforce 932 Partnership. 933 (2) Consistent with Grant Administration Act of 2013, effective December 24, 934 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the WIC shall issue multi-year 935 grants for a period of 4 years, subject to the availability of funds. 936 (b) The entity selected to be the Intermediary shall: 937 (1) Be a nonprofit organization, industry association, or community-based 938 organization; 939 (2) Have a proven track record of success convening healthcare sector employers 940 or have a significant role in the healthcare sector; 941 (3) Have existing relationships with training providers; and 942 (4) Have a proven track record of successful fundraising. 943 (c) Over the course of the HWI grant, the WIC shall: 944 (1) Provide technical assistance to the Partnership through the Intermediary, 945 which may include: 946 (A) Assisting the Partnership in obtaining data and information from 947 District agencies; 948 42 (B) Providing the Partnership with customized labor market and economic 949 analysis; 950 (C) Providing the Partnership with education and guidance on WIOA; and 951 (D) Providing the Partnership with information on the number of District 952 residents that training providers have the capacity to train in healthcare occupations; 953 (2) Submit to the Partnership for feedback the proposed statement of work for any 954 grant solicitation for the provision of training at least 30 days before issuing the request for 955 proposals; and 956 (3) Use the Partnership’s Healthcare Occupations Reports to align District 957 government funded workforce development training with current and future healthcare sector 958 hiring needs in the District. 959 Sec. 2074. Intermediary duties. 960 The Intermediary shall: 961 (1) By July 1, 2021: 962 (A) Appoint members to the Partnership consistent with the criteria 963 specified in section 2075(b)(3); 964 (B) Convene at least 4 Partnership meetings; 965 (C) Compose and transmit to the WIC the Partnership’s first Healthcare 966 Occupations Report, as described in section 2075(e); 967 (2) For the duration of the grant: 968 (A) Provide administrative support to the Partnership; 969 (B) Convene Partnership meetings at least quarterly; 970 43 (C) Compile and transmit to the WIC feedback from the Partnership on 971 any statement of work for a proposed grant solicitation for the provision of training no more than 972 15 days after receiving the statement of work pursuant to section 2073(d)(2); 973 (D) Work with the Partnership to coordinate and ensure provision of 974 career coaching, screening and referral services, practice interviews, and job fairs for healthcare 975 sector employment for qualified District training graduates; 976 (E) Facilitate requests for professional development and learning 977 opportunities for training providers and training participants at healthcare facilities; 978 (F) Annually, compose and transmit the Partnership’s Healthcare 979 Occupations Report, as described in section 2075(e); and 980 (G) Perform additional duties on behalf of the Partnership consistent with 981 the purposes of this subtitle and as funds permit; and 982 (3) During the fourth year of the HWI grant, raise private funds equal to the value 983 of the HWI grant for that year, which the Intermediary shall reserve for use until after the 984 expiration of the HWI grant in order to sustain the Partnership without dedicated District 985 government funding. 986 987 Sec. 2075. Healthcare Workforce Partnership. 988 (a) The Intermediary shall establish the Healthcare Workforce Partnership, which shall 989 work to increase the number of District residents employed in the healthcare sector and to meet 990 the staffing needs of District healthcare employers, particularly of hospitals that receive District 991 government funds. 992 44 (b)(1) The Director of the WIC, or the Director’s designee, shall serve as a member of the 993 Partnership. 994 (2) The Intermediary shall serve as a member of the Partnership and shall appoint 995 community members in consultation with the WIC. 996 (3) Community members, the majority of which shall be healthcare sector 997 employers, shall consist of the following: 998 (A) At least 5 employer representatives of the District’s healthcare sector, 999 which shall represent a variety of healthcare disciplines; 1000 (B) At least one representative of a healthcare industry trade association; 1001 (C) At least one representative from a labor organization that represents 1002 healthcare workers; 1003 (D) At least one representative from a nonprofit organization that offers 1004 training programs; and 1005 (E) At least one representative from an adult education integrated 1006 education and training program, as defined in 34 C.F.R. § 463.35, in the healthcare sector. 1007 (c) Community members shall serve for the duration of the HWI grant and may be 1008 reappointed. 1009 (d) The Partnership shall meet at least once each quarter for the duration of the HWI 1010 grant. 1011 (e) No later than July 1, 2021, and annually thereafter in advance of the start of a new 1012 fiscal year, the Partnership shall submit to the WIC, through the Intermediary, its Healthcare 1013 Occupations Report, which shall contain the following: 1014 45 (1) Recommendations of 3 to 5 healthcare occupations requiring less than a 1015 bachelor’s degree, which may include occupations for which incumbent workers may be 1016 upskilled, in which the District should invest in training; 1017 (2) A summary of the occupational hiring needs of hospitals receiving or 1018 committed to receive District government funds, including an estimate of the number of workers 1019 needed, disaggregated by healthcare occupation; 1020 (3) A recommendation of the number of District residents the WIC should train in 1021 the occupations identified pursuant to paragraph (1) of this subsection; 1022 (4) A list of occupational skills required to obtain employment in the occupations 1023 identified pursuant to paragraph (1) of this subsection; 1024 (5) Recommendations of curricula for training in the occupations identified 1025 pursuant to paragraph (1) of this subsection; 1026 (6) An explanation of the feasibility of providing virtual training or distance 1027 learning, and recommendations to implement virtual training; 1028 (7) Customized healthcare career pathway maps for the occupations identified 1029 pursuant to paragraph (1) of this subsection; 1030 (8) Recommendations of strategies and tactics to increase the capacity of training 1031 providers to train District residents; and 1032 (9) Recommendations to attract District residents to, and retain District residents 1033 in, the occupations identified pursuant to paragraph (1) of this subsection, including necessary 1034 tactics to increase candidates’ hard and soft skills and to reduce barriers to employment. 1035 Sec. 2076. Establishment of a healthcare training program. 1036 46 (a) By September 1, 2021, the WIC shall establish a healthcare training program 1037 (“program”) to fund or arrange for training of District residents in a minimum of 2 healthcare 1038 occupations identified in the Partnership’s first Healthcare Occupations Report, issued pursuant 1039 to section 2075(e), which may include one occupation for upskilling of incumbent workers. 1040 (b) To provide training, the WIC may: 1041 (1) Issue healthcare training grants (“grants”) to train providers, pursuant to 1042 section 4(c) of the Workforce Investment Implementation Act of 2000, effective July 18, 2000 1043 (D.C. Law 13-150; D.C. Official Code § 32-1603(c)); or 1044 (2) Partner with the University of the District of Columbia Community College or 1045 Office of the State Superintendent of Education. 1046 (c)(1) If the program includes a grant, subject to availability of funds, each grant shall be 1047 for not less than $100,000 per year for 3 years to provide training for District residents. 1048 (2) To be eligible for a grant, a grantee shall: 1049 (A) Be licensed by the Higher Education Licensure Commission as a 1050 post-secondary institution, degree or non-degree seeking; 1051 (B) Agree to utilize the training curricula recommended by the Partnership 1052 pursuant to section 2075(e)(5); and 1053 (C) Demonstrate consistent successful attainment of the following 1054 benchmarks for its training participants: 1055 (i) Completion of training; 1056 (ii) Credential attainment; 1057 (iii) Unsubsidized employment in the occupation of training; and 1058 47 (iv) Retention of employment for 6 months or longer in the 1059 occupation of training. 1060 (3) Preference shall be given to grant applicants utilizing an integrated education 1061 and training model, as defined 34 C.F.R. § 463.35. 1062 (d)(1) The WIC shall utilize WIOA common performance measures to track program 1063 performance. 1064 (2) The WIC shall report on the performance of the program as required by 1065 section 102 of the Workforce Development System Transparency Amendment Act of 2018, 1066 effective May 5, 2018 (D.C. Law 22-95; D.C. Official Code § 32-1622). 1067 (e) The WIC shall make its best effort to use WIOA Title I funds to issue any grants 1068 authorized in this section. 1069 Sec. 2077. Monitoring and evaluation. 1070 By August 1, 2021, and annually thereafter, the WIC shall transmit to the Mayor and the 1071 Council the Healthcare Occupation Report developed by the Partnership pursuant to section 1072 2075(e). 1073 SUBTITLE I. DC INFRASTRUCTURE ACADEMY EMPLOYER 1074 ENGAGEMENT 1075 Sec. 2081. Short title. 1076 This subtitle may be cited as the “DC Infrastructure Academy Employer Engagement 1077 Congressional Review Emergency Amendment Act of 2020”. 1078 Sec. 2082. The Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3- 1079 46; D.C. Official Code § 32-241 et seq.), is amended as follows: 1080 48 (a) Section 2 (D.C. Official Code § 32-241) is amended as follows: 1081 (1) A new paragraph (1A) is added to read as follows: 1082 “(1A) “Committees” means the Industry Advisory Committees established 1083 pursuant to section 2f.”. 1084 (2) A new paragraph (2A) is added to read as follows: 1085 “(2A) “DCIA” means the DC Infrastructure Academy established by the Mayor.”. 1086 (b) Section 2a(a-2) (D.C. Official Code § 32-242(a-2)) is repealed. 1087 (c) New sections 2e and 2f are added to read as follows: 1088 “Sec. 2e. DC Infrastructure Academy. 1089 “(a) In addition to duties the Mayor prescribes, the DCIA shall: 1090 “(1) Provide occupational skills training (“skills training”) annually in industries 1091 for which there is significant demand regionally or by a major employer, including construction, 1092 infrastructure, and information technology; 1093 “(2) Provide occupational skills training designed to meet the needs of employers 1094 by: 1095 “(A) Aligning skills training, where appropriate, with the annual 1096 recommendations the committees submit to the DCIA pursuant to section 2f(c); 1097 “(B)(i) Submitting a proposed curriculum, at least 30 calendar days prior 1098 to the start of any skills training taught by DCIA staff, to the relevant committee for its feedback; 1099 and 1100 “(ii) Taking into consideration any feedback from a committee 1101 when implementing any skills trainings taught by DCIA staff; 1102 49 “(C)(i) Submitting to the relevant committee, at least 30 calendar days 1103 before soliciting applications or bids on a grant or contract to provide skills training, a request 1104 that the committee review a grant or contract solicitation’s proposed scope of work; and 1105 “(ii) Considering any feedback received from a committee when 1106 preparing statements of work for grants and contracts to provide skills training; and 1107 “(D) For any customized skills training provided specifically for a 1108 particular employer, seeking input from the employer consistent with the requirements outlined 1109 in subparagraphs (B) and (C) of this paragraph; 1110 “(3) Provide test preparation sessions and practice exams to ready participants to 1111 obtain the occupational credentials the committees identify in their annual reports pursuant to 1112 section 2f(c)(4); and 1113 “(4) Provide job referrals, as defined in 20 C.F.R. § 651.10, to employers in the 1114 industry sectors in which training is offered pursuant to paragraph (1) of this subsection for all 1115 qualified graduates of DCIA training programs. 1116 “(b) DCIA skills training may include: 1117 “(1) Training services enumerated in section 134(c)(3)(D) of the Workforce 1118 Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1529; 29 U.S.C. § 1119 3174(c)(3)(D)); 1120 “(2) Supportive services, as defined in 20 C.F.R. § 651.10; 1121 “(3) Integrated education and training, as defined in 34 C.F.R. § 463.35; 1122 “(4) Workforce preparation activities, as defined in 34 C.F.R. § 463.34; and 1123 “(5) Job development, as defined in 20 C.F.R. § 651.10. 1124 50 “(c)(1) At least 66% of the participants receiving skills training through the DCIA each 1125 fiscal year shall be trained in occupations that pay an average wage that is at least 150% of the 1126 minimum wage specified in section 4 of the Minimum Wage Act Revision Act of 1992, effective 1127 March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003). 1128 “(2) At least 25% of the value of each grant or contract with a skills training 1129 provider shall be contingent on the provider achieving at least one of the following results: 1130 “(A) At least 75% of the provider’s participants receive an industry- 1131 recognized credential; and 1132 “(B) At least 80% of the provider's participants enter permanent, 1133 unsubsidized employment in the occupation of training. 1134 “Sec. 2f. Industry advisory committees. 1135 “(a)(1) The Director shall establish industry advisory committees to advise DCIA on 1136 occupational skills training offerings with the goal of aligning DCIA’s trainings with industry 1137 hiring needs. 1138 “(2) There shall be one committee per industry sector in which DCIA offers 1139 occupational skills training pursuant to section 2e(a)(1). 1140 “(3) Each committee shall consist of representatives of at least 2 employers from 1141 the relevant industry sector, whom the Director shall appoint. 1142 “(4)(A) The Director shall make initial appointments to the committees within 30 1143 days of the effective date of this subtitle. 1144 “(B) Committee members shall disclose all existing and potential conflicts 1145 of interest to the Director. No committee member may, in any manner, directly or indirectly, 1146 51 participate in a deliberation upon, or the determination of, any question affecting the financial 1147 interest of any corporation, partnership, or association in which the member or a member of the 1148 member’s family is directly or indirectly interested. Committee members shall disclose the 1149 nature of any financial or personal relationships with any training providers by completing a 1150 conflict of interest form. 1151 “(b) No later than December 15, 2020, and annually thereafter in advance of the start of a 1152 new fiscal year, each Committee shall submit written recommendations to DCIA, which shall 1153 contain the following: 1154 “(1) Recommendations of 2 to 4 specific occupational skills trainings DCIA 1155 should offer; 1156 “(2) The number of District residents DCIA should train in the occupations 1157 identified pursuant to paragraph (1) of this subsection; 1158 “(3) Occupational skills required to obtain employment in the occupations 1159 identified pursuant to paragraph (1) of this subsection; 1160 “(4) A description of tools, equipment, and services necessary to conduct 1161 trainings to acquire the skills identified in paragraph (3) of this subsection; 1162 “(5) Industry-recognized credentials required for obtaining employment in the 1163 occupations identified pursuant to paragraph (1) of this subsection, when appropriate; and 1164 “(6) The feasibility of providing virtual training or distance learning and 1165 recommendations to implement virtual training. 1166 52 “(c) After receiving a proposed training curriculum from the DCIA pursuant to section 1167 2e(a)(2)(B)(i), a Committee shall provide the DCIA with a written explanation of recommended 1168 modifications, if any. 1169 “(d) Within 30 calendar days after receiving a proposed scope of work for a grant or 1170 contract from DCIA pursuant to section 2e(a)(2)(C)(i), the Committee shall provide DCIA with a 1171 written explanation of recommended modifications, if any.”. 1172 SUBTITLE J. WORKPLACE LEAVE NAVIGATORS 1173 Sec. 2091. Short title. 1174 This subtitle may be cited as the “Workplace Leave Navigators Program Establishment 1175 Congressional Review Emergency Amendment Act of 2020”. 1176 Sec. 2092. Definitions. 1177 For the purposes of this subtitle, the term: 1178 (1) “Director” means the director of DOES. 1179 (2) “DOES” means the Department of Employment Services. 1180 (3) “Family and medical leave” means leave available under the District of 1181 Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; 1182 D.C. Official Code § 32-501 et seq.). 1183 (4) “Paid sick leave” means leave available under the Accrued Sick and Safe 1184 Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-531.01 1185 et seq.). 1186 53 (5) “Universal paid leave” means leave benefits available under the Universal 1187 Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official 1188 Code § 32-541.01 et seq.). 1189 (6) “Workplace leave” means universal paid leave, paid sick leave, family and 1190 medical leave, or any other job-protected leave to which an individual may be entitled under 1191 federal or District law. 1192 Sec. 2093. Workplace Leave Navigators Program. 1193 (a) There is established a Workplace Leave Navigators Program (“Program”), which the 1194 Director shall administer. 1195 (b) The Program shall be funded with monies from the Universal Paid Leave 1196 Administration Fund, established pursuant to section 1153 of the Universal Paid Leave 1197 Implementation Fund Congressional Review Emergency Act of 2016, passed on emergency 1198 basis on October 6, 2020 (Enrolled version of Bill 23-xxx). 1199 (c) The Program shall provide funds to: 1200 (1) Organizations with demonstrated experience representing employees in 1201 matters related to workplace leave solely for the purpose of specific assistance to individuals in 1202 obtaining their workplace leave and benefits; and 1203 (2) Nonprofit organizations, businesses, or professional or trade associations with 1204 experience representing or assisting employers with the administration or understanding of 1205 workplace leave laws for the purpose of providing assistance to employers to share best practices 1206 or guidance regarding how to: 1207 54 (A) Coordinate and accommodate different types of workplace leave, 1208 along with employer-sponsored disability plans; and 1209 (B) Ensure compliance with workplace leave laws. 1210 (d)(1) Program funds issued to organizations for the purposes described in subsection 1211 (c)(1) of this section: 1212 (A) Shall be used solely to assist individuals with: 1213 (i) Filing an initial claim for universal paid leave; 1214 (ii) Determining the type of workplace leave or employer-offered 1215 leave, including an employer-sponsored disability plan, for which an individual may be eligible; 1216 (iii) Filing an administrative complaint related to the provision of 1217 workplace leave, including a complaint of retaliation; 1218 (iv) Responding to or appealing an initial administrative decision 1219 or determination related to workplace leave; or 1220 (v) Providing an employer with appropriate documentation 1221 supporting a request for workplace leave; and 1222 (B) May be used to provide training and guidance to medical providers or 1223 healthcare trade or professional associations on the requirements of workplace leave laws 1224 pertaining to documentation supporting the need for leave. 1225 (2) Program funds issued to non-profits, businesses, or professional or trade 1226 associations assisting employers for the purposes described in subsection (c)(2) of this section: 1227 (A) Shall be used to: 1228 55 (i) Assist employers with coordinating the employer’s workplace 1229 leave programs, including employer-sponsored disability plans, with workplace leave laws; 1230 provided, that Program funds shall not be used to decide an employee’s eligibility for a 1231 workplace leave program or for the pre-adjudication of a workplace leave claim; 1232 (ii) Provide guidance, including best practices, to an employer on 1233 what an employer must do to comply with District and federal workplace leave laws and 1234 regulations; 1235 (iii) Aid employers in responding to DOES’s request for 1236 information from the employers, including requests related to claim determinations made by 1237 DOES; 1238 (iv) Responding to an administrative complaint related to the 1239 provision of workplace leave; provided, that Program funds shall not be used to respond to a 1240 complaint of retaliation; 1241 (v) Responding to or appealing an initial administrative decision or 1242 determination related to workplace leave; and 1243 (B) May be used to provide training and guidance to medical providers or 1244 healthcare trade or professional associations on the requirements of workplace leave laws. 1245 (e) Funds for the Program may not be used to prosecute or defend claims in a lawsuit 1246 related to the provision of workplace leave. 1247 (f)(1) The Director shall issue Program funds through competitive grants administered 1248 pursuant to the requirements set forth in the Grant Administration Act of 2013, effective 1249 December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), and section 2(b-1) 1250 56 of the Workforce Job Development Grant-Making Authority Act of 2012, effective April 23, 1251 2013 (D.C. Law 19-269; D.C. Official Code § 1-328.05(b-1)). 1252 (2) The Director shall issue an initial Request for Applications no later than 1253 October 31, 2020, and annually thereafter. The Director may issue multi-year grants, subject to 1254 the availability of appropriations. 1255 (3) In a fiscal year, the amount of grants the Director issues for the purposes 1256 described in subsection (c)(1) and (2) of this section shall account for the need for each such 1257 purpose, based on the potential numbers of employees and employers to be served. 1258 SUBTITLE K. SCHOOL YEAR INTERNSHIP PILOT PROGRAM 1259 Sec. 2101. Short title. 1260 This subtitle may be cited as the “School Year Internship Pilot Program Congressional 1261 Review Emergency Amendment Act of 2020”. 1262 1263 Sec. 2102. Section 2a(a) of the Youth Employment Act of 1979, effective January 5, 1264 1980 (D.C. Law 3-46; D.C. Official Code § 32-242(a)), is amended by adding a new paragraph 1265 (2A) to read as follows: 1266 “(2A) School year internship pilot. — 1267 “(A) In Fiscal Year 2021, a pilot program called the School Year 1268 Internship Pilot Program (“Program”) for 250 District high school students to provide work- 1269 based learning opportunities during the school year. 1270 “(B)(i) High school students including students from public schools, 1271 public charter schools, private schools, and students who are homeschooled, may apply to the 1272 57 Department of Employment Services (“DOES”) to be matched with an internship host through 1273 the Program; provided, that a student may not otherwise participate in an internship, in-school 1274 youth employment, or a work-readiness program. 1275 “(ii) DOES shall give the applications of at-risk students priority 1276 over all other applications. 1277 “(iii) For the purposes of this subparagraph the term “at-risk” 1278 means a public school, public charter school, private school, or homeschool student who is 1279 identified as one or more of the following: 1280 “(I) Homeless; 1281 “(II) In the District’s foster care system; 1282 “(III) Qualifies for the Temporary Assistance for Needy 1283 Families program or the Supplemental Nutrition Assistance Program; or 1284 “(IV) A high school student that is one year older, or more, 1285 than the expected age for the grade in which the student is enrolled. 1286 “(C) DOES shall notify students of their placement with an internship host 1287 by January 5, 2021. 1288 “(D) Interns shall remain matched with their internship host between 1289 January 2021 and June 2021. 1290 “(E) DOES shall pay interns a training rate of $10 per hour, which it shall 1291 pay by way of a debit card provided to the intern or by direct deposit. 1292 “(F)(i) Internship hosts may be nonprofit organizations, public schools or 1293 public charter schools, government agencies, or private businesses. 1294 58 “(ii) Prospective internship hosts shall submit applications to 1295 participate in the Program no later than December 1, 2020. The application shall include a 1296 detailed job description that identifies specific tasks, projects, or duties that the intern will 1297 perform and the name and job title of the individual who will directly supervise the intern. 1298 “(iii) DOES shall review internship host applications and shall give 1299 priority to applications that will engage an intern in work experience activities, rather than work 1300 readiness activities, for the majority of an intern’s time. 1301 “(G) DOES shall implement the Program through public-private 1302 partnerships between the District government and an internship host that has the ability to 1303 employ youth under the Program, subject to all federal and District laws, rules, and regulations 1304 relating to the procurement and award of contracts, grants, or other government assistance. 1305 “(H)(i) DOES shall develop benchmarks for interns’ growth and 1306 development in work readiness, which internship hosts shall utilize to assess an intern’s work 1307 readiness. 1308 “(ii) An internship host shall provide its written assessment of an 1309 intern’s work readiness to DOES within 30 days after the end of the internship.”. 1310 Sec. 2103. The Department of Employment Services Local Job Training Quarterly 1311 Outcome Report Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official 1312 Code § 32–771), is amended by adding a new section 2083 to read as follows: 1313 “Sec. 2083. Department of Employment Services annual report on year-round youth 1314 programs. 1315 59 “(a) Starting December 15, 2020, and annually thereafter, the Department of Employment 1316 Services (“Department”) shall publish on its website and submit to the Council a report on the 1317 operations of its year-round youth programs, including: 1318 “(1) The In-School Youth Program; 1319 “(2) The Out-of-School Youth Program; 1320 “(3) The Marion Barry Youth Leadership Institute; 1321 “(4) Pathways for Young Adults Program; 1322 “(5) Youth Earn and Learn Program; 1323 “(6) The High School Internship Program; 1324 “(7) In-School Youth Innovation Grants; and 1325 “(8) In-school DCHR internship program. 1326 “(b) The report shall include the following information for each program from the 1327 previous fiscal year: 1328 “(1) The number of participants newly enrolled; 1329 “(2) The total number of participants, disaggregated by ward, grade, school, age, 1330 and, if known, at-risk status; 1331 “(3) Each program’s total expenditures, disaggregated by fund type (federal, 1332 local, intra-District, or special purpose revenue funds); and 1333 “(4) The names of any vendors, grantees, host employers (including public 1334 schools and public charter schools for the High School Internship Program), host sites, or other 1335 organizations providing services to youth. 1336 60 “(c) The Department may withhold from the report required pursuant to subsection (b) of 1337 this section any information precluded from release by federal law, rule, or policy; provided, 1338 that, if at a later time, such information may be released, the Department shall supplement the 1339 next annual report following the date on which the information may be shared with the withheld 1340 information. 1341 “(d) For the purposes of this section, the term “at-risk” means a public school, public 1342 charter school, private school, or homeschool student who is identified as one or more of the 1343 following: 1344 “(1) Homeless; 1345 “(2) In the District’s foster care system; 1346 “(3) Qualifies for the Temporary Assistance for Needy Families program or the 1347 Supplemental Nutrition Assistance Program; or 1348 “(4) A high school student that is one year older, or more, than the expected age 1349 for the grade in which the student is enrolled.”. 1350 SUBTITLE L. UNEMPLOYMENT INSURANCE MODERNIZATION 1351 Sec. 2111. Short title. 1352 This subtitle may be cited as the “Unemployment Insurance Modernization Requirements 1353 Congressional Review Emergency Act of 2020”. 1354 Sec. 2112. Unemployment insurance modernization requirements. 1355 (a) The Department of Employment Services (“DOES”) shall launch an integrated, fully 1356 modernized, and fully functioning unemployment insurance information technology benefits and 1357 tax system (“benefits system”) for public use no later than September 30, 2022. 1358 61 (b) The benefits system shall include an internet accessible public interface that: 1359 (1) Can be accessed from all major internet browsers and used on mobile devices 1360 and personal computers; 1361 (2) Is accessible to people with disabilities in compliance with section 504 of the 1362 Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794), and 1363 Title II of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 337; 1364 42 U.S.C. § 12131 et seq.); and 1365 (3) Complies with the Language Access Act of 2004, effective June 19, 2004 1366 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.). 1367 (c)(1) The Office of Contracting and Procurement (“OCP”), in consultation with DOES, 1368 should issue a Request for Proposals for the full modernization of the benefits system, consistent 1369 with the requirements of subsections (a) and (b) of this section, no later than October 30, 2020. 1370 (2) The OCP should award a contract for the full modernization of the benefits 1371 system no later than January 15, 2021. 1372 Sec. 2113. (a) Beginning no later than 15 days after the effective date of this subtitle, on 1373 any day when American Job Centers are closed (excluding weekends, holidays, and staff training 1374 days), the Department of Employment Services (“DOES”) shall provide the following materials 1375 at its headquarters from 8:30 a.m. to 5:00 p.m.: 1376 (1) Hard copies of unemployment insurance benefits applications, with hard 1377 copies of all instructions that are available online for completing the application; 1378 62 (2) Hard copies of DOES complaint forms for violations of District labor laws, 1379 including wage and hour, accrued paid sick time, and workers’ compensation laws, with hard 1380 copies of all instructions that are available online for completing each form; 1381 (3) Envelopes individuals may use in submitting their applications and complaint 1382 forms, with space on the outside to identify the form being submitted; and 1383 (4) A locked box with a slot into which individuals may deposit their completed 1384 applications and complaint forms. 1385 (b) The DOES shall make the materials identified in subsection (a) of this section 1386 available in a location at its headquarters that is publicly and handicap accessible. 1387 SUBTITLE M. TRANSGENDER AND NON-BINARY EMPLOYMENT STUDY 1388 Sec. 2121. Short title. 1389 This subtitle may be cited as the “District Government Transgender and Non-Binary 1390 Employment Study Congressional Review Emergency Act of 2020”. 1391 1392 Sec. 2122. The District of Columbia Government Comprehensive Merit Personnel Act of 1393 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq), is 1394 amended by adding a new Title VII-B to read as follows: 1395 “TITLE VII-B GENDER IDENTITY STUDY 1396 “Sec. 760. Definitions. 1397 “For the purposes of this title, the term: 1398 “(1) “Cisgender” means individuals whose sex assigned at birth matches the 1399 individual’s perceived gender. 1400 63 “(2) “Gender identity” means an individual’s internal sense of the individual’s 1401 gender, which may be the same as or different from sex assigned at birth and can include male, 1402 female, neither, or both. 1403 “(3) “Non-binary” includes individuals whose gender identity is neither entirely 1404 male nor entirely female, or varies between the two. 1405 “(4) “Transgender” includes individuals whose gender identity or expression is 1406 different from that typically associated with their assigned sex at birth. 1407 “Sec. 761. Study of transgender and non-binary employment. 1408 “(a) The Mayor shall contract with an entity to conduct a study of employment data, 1409 hiring and recruitment practices, and workplace climate in District government agencies in 1410 relation to people who are transgender or non-binary. At a minimum, the study shall include: 1411 “(1) A census of employees who identify as transgender or non-binary, including 1412 information on the employees’ race and ethnicity, gender identity, and age; 1413 “(2) A review of District government agencies’ transgender and non-binary 1414 inclusion policies, including policies developed under the Human Rights Act of 1977, effective 1415 December 13, 1977, (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.) (“Human Rights 1416 Act”), and any regulations promulgated pursuant to the Human Rights Act, and an evaluation of 1417 the extent to which District government agencies have implemented such polices and how 1418 transgender and non-binary employees experience such polices; 1419 “(3) An evaluation of District government agencies’ actual recruitment, hiring, 1420 retention, and promotion practices related to prospective and current transgender and non-binary 1421 employees; 1422 64 “(4) An analysis of any disparities in earnings, title, pay grade, length of time in 1423 position, and educational attainment between employees who identify as transgender or non- 1424 binary and employees who identify as cisgender; 1425 “(5) An assessment of transgender and non-binary employees’ workplace 1426 experiences as employees of District government agencies, including experiences of 1427 discrimination, harassment, or mistreatment on the job; 1428 “(6) An evaluation of data, including participant demographics and program 1429 outcomes, for transgender or non-binary participants in the Department of Employment Services’ 1430 job training programs; and 1431 “(7) Recommendations for District government agencies on improving 1432 employment and hiring practices as they relate to individuals who are transgender or non-binary. 1433 “(b) The contractor may survey employees to gather data for the purposes of the study. 1434 “(c) The contractor completing the study shall: 1435 “(1) Have, or partner with another entity with, experience studying and 1436 knowledge of sexual orientation and gender identity; 1437 “(2) Include a statement in requests for information and surveys sent to employees 1438 explaining that providing information is voluntary; 1439 “(3) Ensure the privacy, dignity, and confidentiality of employees; 1440 “(4) Not disclose, or retain after the study is complete, personally identifiable 1441 information gathered in the course of the study; and 1442 65 “(5) Consult with the Office of Human Rights in developing a detailed proposed 1443 plan of the study, surveys to be administered, and any resulting recommendations from the 1444 entity. 1445 “(d) The Mayor may use electronic communication tools, including e-mail, to facilitate 1446 the contractor’s outreach to District government employees. 1447 “(e) The Mayor shall: 1448 “(1) Review the contractor’s proposals and recommendations to ensure they are 1449 consistent with the Human Rights Act; 1450 “(2) Review data, with personally identifiable information removed, on 1451 harassment and discrimination complaints filed by transgender and non-binary employees 1452 against District government agencies since January 1, 2015; 1453 “(3) Provide the contractor with the information necessary to facilitate subsection 1454 (a) of this section; and 1455 “(4) Submit a final report with findings and recommendations to the Council no 1456 later than December 31, 2021. The final report submitted to the Council shall not contain any 1457 personally identifiable information.”. 1458 SUBTITLE N. TIPPED WAGE WORKERS FAIRNESS CLARIFICATION 1459 Sec. 2131. Short title. 1460 This subtitle may be cited as the “Tipped Workers Fairness Clarification Congressional 1461 Review Emergency Amendment Act of 2020”. 1462 66 Sec. 2132. The Tipped Wage Workers Fairness Amendment Act of 2018, effective 1463 December 13, 2018 (D.C. Law 22-196; D.C. Official Code § 32-161 et seq.), is amended as 1464 follows: 1465 (a) Section 3 (D.C. Official Code § 32-161) is amended as follows: 1466 (1) Subsection (a)(1) is amended as follows: 1467 (A) The lead-in language is amended by striking the phrase “By April 1, 1468 2020” and inserting the phrase “Within 120 days after the date this section becomes applicable” 1469 in its place. 1470 (B) Subparagraph (F) is repealed. 1471 (2) Subsection (b) is amended as follows: 1472 (A) Paragraph (1) is amended as follows: 1473 (i) The lead-in language is amended by striking the phrase “By 1474 April 1, 2020” and inserting the phrase “Within 120 days after the date this section becomes 1475 applicable” in its place. 1476 (ii) Subparagraph (B) is amended to read as follows: 1477 “(B) The following text formatted in a large font and for maximum 1478 readability, including the use of bullet points to call out each specified right on a separate line: 1479 “EMPLOYEE RIGHTS IN THE DISTRICT OF COLUMBIA: Do you know your rights 1480 as an employee working in Washington, D.C.? Employees have the right: 1481  To be paid at least the minimum wage; 1482  To be paid on time; 1483  To receive a detailed pay stub; 1484 67  To accrue and use paid sick and safe leave; 1485  To request time off to attend a child’s school-related activities; 1486  To qualify for unpaid family and medical leave; 1487  To be compensated for work-related illness or injury; 1488  To remain free from discrimination; 1489  To be accommodated in the workplace during pregnancy; 1490  To remain free from employer retaliation for discussing or exercising any of these rights; 1491 and 1492  To file a complaint for violation of workplace rights with the Department of Employment 1493 Services (DOES) or the Office of Human Rights (OHR), 1494 To learn about these and other workplace rights, visit the website below. This notice does not 1495 create, expand, or limit rights under District or federal law.”. 1496 (B) Paragraph (2) is amended by striking the phrase “The poster” and 1497 inserting the phrase “Below the text required pursuant to paragraph (1)(B) of this subsection, the 1498 poster” in its place. 1499 (3) Subsection (d)(6) is repealed. 1500 Sec. 2133. The Minimum Wage Act Revision Act of 1992, effective March 25, 1993 1501 (D.C. Law 9-248; D.C. Official Code § 32-1001 et seq.), is amended as follows: 1502 (a) Section 10a (D.C. Official Code § 32-1009.01) is amended as follows: 1503 (1) Subsection (a) is amended to read as follows: 1504 "(a)(1) As of January 1, 2020, the third-party payroll businesses required pursuant 1505 to section 9(a-1) to process payroll for an employer that employs a tipped worker and hotel 1506 68 employers that employ a tipped worker shall submit a quarterly wage report for the preceding 1507 calendar quarter to the Mayor no later than 30 days after the end of each calendar quarter. 1508 “(2) Each quarterly wage report shall certify that each tipped worker was paid at 1509 least the required minimum wage, including gratuities, and shall include the following: 1510 “(A) Itemized, for each tipped worker, the worker’s: 1511 “(i) Name; 1512 “(ii) Average hourly wage received per week during the quarter; 1513 “(iii) Total hours worked at or above the minimum hourly wage 1514 established under section 4(f) per week; 1515 “(iv) Gross wages received per week; and 1516 “(v) Total gratuities received per week. 1517 “(B) For a hotel employer, a certification that all of the information in the 1518 report is accurate; 1519 “(C) For a third-party payroll business, a certification that the information 1520 in the report was generated using the same payroll data used to generate the information required 1521 to be furnished to employees pursuant to section 9(b); and 1522 “(D) If tips were shared, a copy of the employer’s tip-sharing policy used 1523 during the quarter, unless the third-party payroll business and the employer have agreed that the 1524 employer will submit the tip-sharing policy, in which case, a certification that such an agreement 1525 was in place during the calendar quarter. 1526 69 “(3)(A) An employer that agrees to submit its tip-sharing policy directly to the 1527 Mayor shall submit the policy to the Mayor no later than 30 days after the end of each calendar 1528 quarter. 1529 “(B) If the Mayor does not receive the tip-sharing policy of an employer 1530 that employs a tipped worker by the submission deadline for quarterly wage reports, the Mayor 1531 shall presume that the employer did not have a tip-sharing policy in place during the calendar 1532 quarter.”. 1533 (2) Subsection (b)(2) is amended to read as follows: 1534 “(2) A person required to submit documents pursuant to subsection (a) of this 1535 section shall submit the documents online through the Internet-based portal, unless the Mayor 1536 exempts the person from online reporting because it creates a hardship for the person, in which 1537 case, the person shall submit the documents in hard-copy form.”. 1538 (3) A new subsection (d) is added to read as follows: 1539 “(d) For the purposes of this section the term “tipped worker” means an employee 1540 paid in accordance with section 4(f).”. 1541 (b) Section 12(d)(1) (D.C. Official Code § 32-1011(d)(1)) is amended by adding a new 1542 subparagraph (E-i) to read as follows: 1543 “(E-i) $500 against an employer for each failure to timely submit the 1544 quarterly wage report required pursuant to section 10a, in its entirety, unless the employer proves 1545 that it used a third-party payroll business to process the relevant quarter’s payroll for the 1546 employer.”. 1547 70 SUBTITLE O. UNIVERSAL PAID LEAVE FUND 1548 Sec. 2141. Short title. 1549 This subtitle may be cited as the “Universal Paid Leave Fund Congressional Review 1550 Emergency Amendment Act of 2020”. 1551 Sec. 2142. The Universal Paid Leave Implementation Fund Act of 2016, effective 1552 October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 32-551.01), is amended as follows: 1553 (a) A new section 1151a is added to read as follows: 1554 “Sec. 1151a. Definitions. 1555 “For the purposes of this subtitle, the term “Act” means the Universal Paid Leave 1556 Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32- 1557 541.01 et seq.).”. 1558 “(b) Section 1152 (D.C. Code § 32-551.01) is amended as follows: 1559 “(1) The section heading is amended by striking the phrase “Universal Paid Leave 1560 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1561 “(2) Subsection (a) is amended by striking the phrase “Universal Paid Leave 1562 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1563 (3) Subsection (b) is amended to read as follows: 1564 “(b) Money in the Fund shall be used to: 1565 (1) Pay benefits provided under the Act; and 1566 (2) Fund the Universal Paid Leave Administration Fund established pursuant to 1567 section 1153(a) in the following amounts: 1568 71 “(A) No more than 8.75% of money in the Fund for the purposes 1569 described in section 1153(c)(1); 1570 “(B) No more than .75% of the money in the Fund for the purposes 1571 described in section 1153(c)(2); and 1572 “(C) No more than 0.5% of the money in the Fund for the purposes 1573 described in section 1153(c)(3). 1574 (c) A new section 1153 is added to read as follows: 1575 “Sec. 1153. Universal Paid Leave Administration Fund. 1576 “(a) There is established as a special fund the Universal Paid Leave Administration Fund 1577 (“Fund”), which shall be administered by the Department of Employment Services (“DOES”) in 1578 accordance with subsections (c), (d), (e), and (f) of this section. 1579 “(b) Pursuant to section 1152(b)(2), amounts appropriated from the Universal Paid Leave 1580 Fund annually for the purposes described in subsection (c) of this section shall be deposited in 1581 the Fund. 1582 “(c) Money in the Fund shall be used for the following purposes: 1583 “(1) Administration of the Act by DOES, including public education pursuant to 1584 section 106(j) of the Act (D.C. Official Code § 32-541.06(j)); provided, that no more than 6% of 1585 the money appropriated annually for administration may be used for public education and of 1586 those public education funds, at least $500,000 shall be used to fund the Workplace Leave 1587 Navigators Program established pursuant to section 2093 of the Workplace Leave Navigators 1588 Program Establishment Congressional Review Emergency Amendment Act of 2020, passed on 1589 emergency basis on October 6, 2020 (Enrolled version of Bill 23-xxx); 1590 72 “(2) Enforcement of section 108(e) and section 110(a) and (b) of the Act by the 1591 Office of Human Rights, which may include education and outreach on individuals’ rights under 1592 the Act; and 1593 “(3) Hearing of appeals of claim determinations by the Office of Administrative 1594 Hearings, pursuant to section 108(a), (b), and (c) of the Act (D.C. Official Code § 32-541.08(a), 1595 (b), and (c)). 1596 “(d) Beginning no later than October 1, 2020, and by October 1 annually thereafter, 1597 DOES shall execute a Memorandum of Understanding with the Office of Human Rights for the 1598 intradistrict transfer of funds appropriated, pursuant to subsection (c)(2) of this section, for 1599 enforcement; provided, that DOES shall transfer funds appropriated for enforcement to the 1600 Office of Human Rights no later than October 2 of any year even if the agencies fail to execute a 1601 Memorandum of Understanding by October 1 of that year. 1602 “(e) Beginning no later than October 1, 2020 and by October 1 annually thereafter, DOES 1603 shall execute a Memorandum of Understanding with the Office of Administrative Hearings for 1604 the intradistrict transfer of funds appropriated, pursuant to subsection (c)(3) of this section, for 1605 hearing of appeals of claim determinations; provided, that DOES shall transfer funds 1606 appropriated for hearing of appeals of claim determinations to the Office of Administrative 1607 Hearings no later than October 2 of any year even if the agencies fail to execute a Memorandum 1608 of Understanding by October 1 of that year. 1609 “(f) Money deposited into the Fund but not expended in a fiscal year shall revert to the 1610 Universal Paid Leave Fund, established pursuant to section 1152.”. 1611 Sec. 2143. Conforming amendments. 1612 73 The Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 1613 21-264; D.C. Official Code § 32-541.01 et seq.), is amended as follows: 1614 (a) Subsection 101 (D.C. Official Code § 32-541.01) is amended as follows: 1615 (1) Paragraph (10)(A) is amended by striking the phrase “Universal Paid Leave 1616 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1617 (2) Paragraph (21) is amended by striking the phrase ““Universal Paid Leave 1618 Implementation Fund” means the Uniform Paid Leave Implementation Fund” and inserting the 1619 phrase ““Universal Paid Leave Fund” means the Universal Paid Leave Fund” in its place. 1620 (b) Section 103 (D.C. Official Code § 32-541.03) is amended as follows: 1621 (1) The section heading is amended by striking the phrase “Universal Paid Leave 1622 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1623 (2) Subsection (a) is amended by striking the phrase “Universal Paid Leave 1624 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1625 (3) Subsection (b) is amended by striking the phrase “Universal Paid Leave 1626 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1627 (4) Subsection (c) is amended by striking the phrase “Universal Paid Leave 1628 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1629 (5) Subsection (d) is amended by striking the phrase “Universal Paid Leave 1630 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1631 (6) Subsection (e) is amended by striking the phrase “Universal Paid Leave 1632 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1633 74 (7) Subsection (f) is amended by striking the phrase “Universal Paid Leave 1634 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1635 (c) Section 104(g)(6)(A) (D.C. Official Code § 32-541.04(g)(6)(A)) is amended by 1636 striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal 1637 Paid Leave” in its place. 1638 (d) Section 105(a)(2) (D.C. Official Code § 32-541.05(a)(2)) is amended by striking the 1639 phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” 1640 in its place. 1641 (e) Section 106(j)(1) (D.C. Official Code § 32-541.06(j)(1)) is amended to read as 1642 follows: 1643 “(j)(1) The Mayor shall conduct a public-education campaign, which shall be paid for out 1644 of the Universal Paid Leave Administration Fund, pursuant to section 1153(c)(1) of the 1645 Universal Paid Leave Implementation Fund Act of 2016, passed on 2nd reading on July 28, 2020 1646 (Enrolled version of Bill 23-760), to inform individuals of the benefits provided for in this act. 1647 The Workplace Leave Navigators Program, established pursuant to section 2093 of the 1648 Workplace Leave Navigators Program Establishment Congressional Review Emergency 1649 Amendment Act of 2020, passed on emergency basis on October 6, 2020 (Enrolled version of 1650 Bill 23-xxx), shall be a component of the Mayor’s public-education campaign.”. 1651 (f) Section 109(c) (D.C. Official Code § 32-541.09(c)) is amended as follows: 1652 (1) Paragraph (1) is amended by striking the phrase “Universal Paid Leave 1653 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1654 75 (2) Paragraph (2) is amended by striking the phrase “Universal Paid Leave 1655 Implementation” both times it appears and inserting the phrase “Universal Paid Leave” in its 1656 place. 1657 SUBTITLE P. SHARED WORK COMPENSATION PROGRAM 1658 Sec. 2151. Short title. 1659 This subtitle may be cited as the “Shared Work Compensation Program Clarification 1660 Congressional Review Emergency Amendment Act of 2020”. 1661 Sec. 2152. The Keep D.C. Working Act of 2010, effective October 15, 2010 (D.C. Law 1662 18-238; D.C. Official Code § 51-171 et seq.), is amended as follows: 1663 (a) Section 2 (D.C. Official Code § 51-171) is amended as follows: 1664 (1) Paragraph (4) is repealed. 1665 (2) New paragraphs (4A) and (4B) are added to read as follows: 1666 “(4A) “Health and retirement benefits” means employer-provided health benefits, 1667 and retirement benefits under a defined benefit plan, as defined in section 414(j) of the Internal 1668 Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(j)), or 1669 contributions under a defined contribution plan, as defined in section 414(i) of the Internal 1670 Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(i)), which 1671 are incidents of employment in addition to the cash remuneration earned. 1672 “(4B) “Participating employee” means an employee who voluntarily agrees to 1673 participate in an employer’s shared work plan.”. 1674 (3) Paragraph (5) is amended to read as follows: 1675 76 “(5) “Usual weekly hours of work” means the usual hours of work per week for 1676 full-time or part-time employees in the affected unit when that unit is operating on its regular 1677 basis, not to exceed 40 hours and not including hours of overtime work.”. 1678 (4) Paragraph (7) is amended to read as follows: 1679 “(7) “Shared work benefits” means the unemployment benefits payable to a 1680 participating employee in an affected unit under a shared work plan, as distinguished from the 1681 unemployment benefits otherwise payable under the employment security law.”. 1682 (5) Paragraph (8) is amended to read as follows: 1683 “(8) “Shared work plan” means a written plan to participate in the shared work 1684 unemployment compensation program approved by the Director, under which the employer 1685 requests the payment of shared work benefits to participating employees in an affected unit of 1686 the employer to avert temporary or permanent layoffs, or both.”. 1687 (b) Section 4 (D.C. Official Code § 51-173) is amended to read as follows: 1688 “Sec. 4. Employer participation in the shared work unemployment compensation 1689 program. 1690 “(a) Employer participation in the shared work unemployment compensation program 1691 shall be voluntary. 1692 “(b) An employer that wishes to participate in the shared work unemployment 1693 compensation program shall submit a signed application and proposed shared work plan to the 1694 Director for approval. 1695 “(c) The Director shall develop an application form consistent with the requirements of 1696 this section. The application and shared work plan shall require the employer to: 1697 77 “(1) Identify the affected unit (or units) to be covered by the shared work plan, 1698 including: 1699 “(A) The number of full-time or part-time employees in such unit; 1700 “(B) The percentage of employees in the affected unit covered by the plan; 1701 “(C) Identification of each individual employee in the affected unit by 1702 name and social security number; 1703 “(D) The employer’s unemployment tax account number, and 1704 “(E) Any other information required by the Director to identify 1705 participating employees; 1706 “(2) Provide a description of how employees in the affected unit will be notified 1707 of the employer’s participation in the shared work unemployment compensation program if such 1708 application is approved, including how the employer will notify those employees in a collective 1709 bargaining unit as well as any employees in the affected unit who are not in a collective 1710 bargaining unit. If the employer will not provide advance notice of the shared work plan to 1711 employees in the affected unit, the employer shall explain in a statement in the application why it 1712 is not feasible to provide such notice; 1713 “(3) Identify the usual weekly hours of work for employees in the affected unit 1714 and the specific percentage by which hours will be reduced during all weeks covered by the plan. 1715 A shared work plan may not reduce participating employees’ usual weekly hours of work by less 1716 than 10% or more than 60%. If the plan includes any week for which the employer regularly 1717 provides no work (due to a holiday or other plant closing), then such week shall be identified in 1718 the application; 1719 78 “(4) If the employer provides health and retirement benefits to any participating 1720 employee whose usual weekly hours of work are reduced under the plan, certify that such 1721 benefits will continue to be provided to participating employees under the same terms and 1722 conditions as though the usual weekly hours of work of such participating employee had not 1723 been reduced or to the same extent as employees not participating in the shared work plan. For 1724 defined benefit retirement plans, the hours that are reduced under the shared work plan shall be 1725 credited for purposes of participation, vesting, and accrual of benefits as though the participating 1726 employee’s usual weekly hours of work had not been reduced. The dollar amount of employer 1727 contributions to a defined contribution plan that are based on a percentage of compensation may 1728 be reduced due to the reduction in the participating employee’s compensation. A reduction in 1729 health and retirement benefits scheduled to occur during the duration of a shared work plan that 1730 is equally applicable to employees who are not participating in the plan and to participating 1731 employees does not violate a certification made pursuant to this paragraph; 1732 “(5) Certify that the aggregate reduction in work hours under the shared work 1733 plan is in lieu of temporary or permanent layoffs, or both, and provide a good-faith estimate of 1734 the number of employees who would be laid off in the absence of the proposed shared work 1735 plan; 1736 “(6) Agree to: 1737 “(A) Furnish reports to the Director relating to the proper conduct of the 1738 shared work plan; 1739 “(B) Allow the Director or the Director’s authorized representatives access 1740 to all records necessary to approve or disapprove the application for a shared work plan; 1741 79 “(C) Allow the Director to monitor and evaluate the shared work plan; and 1742 “(D) Follow any other directives the Director considers necessary for the 1743 agency to implement the shared work plan consistent with the requirements for shared work plan 1744 applications; 1745 “(7) Certify that participation in the shared work unemployment compensation 1746 program and implementation of the shared work plan will be consistent with the employer’s 1747 obligations under applicable federal and District laws; 1748 “(8) State the duration of the proposed shared work plan, which shall not exceed 1749 365 days from the effective date established pursuant to section 6; 1750 “(9) Provide any additional information or certifications that the Director 1751 determines to be appropriate for purposes of the shared work unemployment compensation 1752 program, consistent with requirements issued by the United States Secretary of Labor; and 1753 “(10) Provide written approval of the proposed shared work plan by the collective 1754 bargaining representative for any employees covered by a collective bargaining agreement who 1755 will participate in the plan.”. 1756 (c) Section 5 (D.C. Official Code § 51-174) is amended to read as follows: 1757 “Sec. 5. Approval and disapproval of a shared work plan. 1758 “(a)(1) The Director shall approve or disapprove an application for a shared work plan in 1759 writing within 15 calendar days of its receipt and promptly issue a notice of approval or 1760 disapproval to the employer. 1761 “(2) A decision disapproving the shared work plan shall clearly identify the 1762 reasons for the disapproval. 1763 80 “(3) A decision to disapprove a shared work plan shall be final, but the employer 1764 may submit another application for a shared work plan not earlier than 10 calendar days from the 1765 date of the disapproval. 1766 “(b) Except as provided in subsections (c) and (d) of this section, the Director shall 1767 approve a shared work plan if the employer: 1768 “(1) Complies with the requirements of section 4; and 1769 “(2) Has filed all reports required to be filed under the employment security law 1770 for all past and current periods, and: 1771 “(A) Has paid all contributions and benefit cost payments; or 1772 “(B) If the employer is a reimbursing employer, has made all payments in 1773 lieu of contributions due for all past and current periods. 1774 “(c) Except as provided in subsection (d) of this section, the Director may not approve a 1775 shared work plan: 1776 “(1) To provide payments to an employee if the employee is employed by the 1777 participating employer on a seasonal, temporary, or intermittent basis; 1778 “(2) If the employer's unemployment insurance account has a negative 1779 unemployment experience rating; 1780 “(3) If the employer's unemployment insurance account is taxed at the maximum 1781 tax rate in effect for the calendar year; 1782 “(4) For employers who have not qualified to have a tax rate assigned based on 1783 actual experience; or 1784 81 “(5) For employees who are receiving or who will receive supplemental 1785 unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue 1786 Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any 1787 period a shared work plan is in effect. 1788 “(d) During the effective period of a shared work plan entered into during a public health 1789 emergency, subsection (c) of this section shall not apply. During a public health emergency, the 1790 Director may not approve a shared work plan: 1791 “(1) To provide payments to an employee if the employee is employed by the 1792 participating employer on a seasonal, temporary, or intermittent basis; 1793 “(2) For employees who are receiving or who will receive supplemental 1794 unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue 1795 Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any 1796 period a shared work plan is in effect; or 1797 “(3) For employers that have reported quarterly earnings to the Director for fewer 1798 than 3 quarters at the time of the application for the shared work unemployment compensation 1799 program. 1800 “(e) For the purposes of this section, the term “public health emergency” means the 1801 public health emergency declared in the Declaration of Public Health Emergency (Mayor’s 1802 Order 2020-046), declared on March 11, 2020, and any extensions thereof.”. 1803 (d) Section 6 (D.C. Official Code § 51-175) is amended to read as follows: 1804 “Sec. 6. Effective date and expiration, termination, or revocation of a shared work plan. 1805 82 “(a) A shared work plan shall be effective on the date that is mutually agreed upon by the 1806 employer and the Director, which shall be specified in the notice of approval to the employer. 1807 “(b) The duration of the plan shall be 365 days from the effective date, unless a shorter 1808 duration is requested by employer or the plan is terminated or revoked in accordance with this 1809 section. 1810 “(c) An employer may terminate a shared work plan at any time upon written notice to 1811 the Director, participating employees, and a collective bargaining representative for the 1812 participating employees. After receipt of such notice from the employer, the Director shall issue 1813 to the employer, the appropriate collective bargaining representative, and participating 1814 employees an Acknowledgment of Voluntary Termination, which shall state the date the shared 1815 work plan terminated. 1816 “(d) The Director may revoke a shared work plan at any time for good cause, including: 1817 “(1) Failure to comply with the certifications and terms of the shared work plan; 1818 “(2) Failure to comply with federal or District law; 1819 “(3) Failure to report or request proposed modifications to the shared work plan in 1820 accordance with section 7; 1821 “(4) Unreasonable revision of productivity standards for the affected unit; 1822 “(5) Conduct or occurrences tending to defeat the purpose and effective operation 1823 of the shared work plan; 1824 “(6) Change in conditions on which approval of the plan was based; 1825 “(7) Violation of any criteria on which approval of the plan was based; or 1826 “(8) Upon the request of an employee in the affected unit. 1827 83 “(e) Upon a decision to revoke a shared work plan, the Director shall issue a written 1828 revocation order to the employer that specifies the reasons for the revocation and the date the 1829 revocation is effective. The Director shall provide a copy of the revocation order to all 1830 participating employees and their collective bargaining representative. 1831 “(f) The Director may periodically review the operation of an employer’s shared work 1832 plan to ensure compliance with its terms and applicable federal and District laws. 1833 “(g) An employer may submit a new application for a shared work plan at any time after 1834 the expiration or termination of a shared work plan.”. 1835 (e) Section 7 (D.C. Official Code § 51-176) is amended to read as follows: 1836 “Sec. 7. Modification of a shared work plan. 1837 “(a) An employer may not implement a substantial modification to a shared work plan 1838 without first obtaining the written approval of the Director. 1839 “(b)(1) An employer must report, in writing, every proposed modification of the shared 1840 work plan to the Director a least 5 calendar days before implementing the proposed modification. 1841 The Director shall review the proposed modification to determine whether the modification is 1842 substantial. If the Director determines that the proposed modification is substantial, the Director 1843 shall notify the employer of the need to request a substantial modification. 1844 “(2) An employer may request a substantial modification to a shared work plan by 1845 filing a written request with the Director. The request shall identify the specific provisions of the 1846 shared work plan to be modified and provide an explanation of why the proposed modification is 1847 consistent with and supports the purposes of the shared work plan. A modification may not 1848 extend the expiration date of the shared work plan. 1849 84 “(c)(1) At the Director’s discretion, an employer’s request for a substantial modification 1850 of a shared work plan may be approved if: 1851 “(A) Conditions have changed since the plan was approved; and 1852 “(B) The Director determines that the proposed modification is consistent 1853 with and supports the purposes of the approved plan. 1854 “(2) The Director shall approve or disapprove a request for substantial 1855 modification, in writing, within 15 calendar days of receiving the request and promptly shall 1856 communicate the decision to the employer. If the request is approved, the notice of approval 1857 shall contain the effective date of the modification.”. 1858 (f) Section 8 (D.C. Official Code § 51-177) is amended to read as follows: 1859 “Sec. 8. Employee eligibility for shared work benefits. 1860 “(a) A participating employee is eligible to receive shared work benefits with respect to 1861 any week only if the individual is monetarily eligible for unemployment compensation, not 1862 otherwise disqualified from unemployment compensation, and: 1863 “(1) With respect to the week for which shared work benefits are claimed, the 1864 participating employee was covered by a shared work plan that was approved prior to that week; 1865 “(2) Notwithstanding any other provision of the employment security law relating 1866 to availability for work and actively seeking work, the participating employee was available for 1867 the individual’s usual hours of work with the shared work employer, which may include 1868 availability to participate in training to enhance job skills approved by the Director, such as 1869 employer-sponsored training or training funded under the Workforce Innovation and Opportunity 1870 Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.); and 1871 85 “(3) Notwithstanding any other provision of law, a participating employee is 1872 deemed unemployed for the purposes of determining eligibility to receive unemployment 1873 compensation benefits in any week during the duration of such plan if the individual’s 1874 remuneration as an employee in an affected unit is reduced under the terms of the plan. 1875 “(b) A participating employee may be eligible for shared work benefits or unemployment 1876 compensation, as appropriate, except that no participating employee may be eligible for 1877 combined benefits in any benefit year in an amount more than the maximum entitlement 1878 established for regular unemployment compensation; nor shall a participating employee be paid 1879 shared work benefits for more than 52 weeks under a shared work plan or in an amount more 1880 than the equivalent of the maximum of 26 weeks of regular unemployment compensation. 1881 “(c) The shared work benefit paid to a participating employee shall be deducted from the 1882 maximum entitlement amount of regular unemployment compensation established for that 1883 individual's benefit year. 1884 “(d) Provisions applicable to unemployment compensation claimants under the 1885 employment security law shall apply to participating employees to the extent that they are not 1886 inconsistent with this act. A participating employee who files an initial claim for shared work 1887 benefits shall receive a monetary determination of whether the individual is eligible to receive 1888 benefits. 1889 “(e) A participating employee who has received all of the shared work benefits or 1890 combined unemployment compensation and shared work benefits available in a benefit year shall 1891 be considered an exhaustee, as defined in section 7(g)(1)(H) of the District of Columbia 1892 Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 949; D.C. Official Code 1893 86 § 51–107(g)(1)(H)) (“Act”), for purposes of eligibility to receive extended benefits pursuant to 1894 section 7(g) of the Act (D.C. Official Code § 51–107(g)), and, if otherwise eligible under that 1895 section, shall be eligible to receive extended benefits. 1896 “(f) Shared work benefits shall be charged to employers’ experience rating accounts in 1897 the same manner as unemployment compensation is charged under the employment security law, 1898 unless waived by federal or District law. Employers liable for payments in lieu of contributions 1899 shall have shared work benefits attributed to service in their employ in the same manner as 1900 unemployment compensation is attributed, unless waived by federal or District law.”. 1901 (g) Section 9 (D.C. Official Code § 51-178) is amended as follows: 1902 (1) Subsection (a) is amended to read as follows: 1903 “(a)(1) Except as provided in paragraph (2) of this subsection, the weekly benefit for a 1904 participating employee shall be the product of the regular weekly unemployment compensation 1905 amount for a week of total unemployment multiplied by the percentage of reduction in the 1906 participating employee’s usual weekly hours of work. 1907 “(2) The shared work benefit for a participating employee who performs work for 1908 another employer during weeks covered by a shared work plan shall be calculated as follows: 1909 “(A) If the combined hours of work in a week for both employers results 1910 in a reduction of less than 10% of the usual weekly hours of work the participating employee 1911 works for the shared work employer, the participating employee is not eligible for shared work 1912 benefits; 1913 “(B) If the combined hours of work for both employers results in a 1914 reduction equal to or greater than 10% of the usual weekly hours worked for the shared work 1915 87 employer, the shared work benefit payable to the participating employee is determined by 1916 multiplying the weekly unemployment benefit amount for a week of total unemployment by the 1917 percentage by which the combined hours of work have been reduced. A week for which benefits 1918 are paid under this subparagraph shall be reported as a week of shared work benefits. 1919 “(C) If an individual worked the reduced percentage of the usual weekly 1920 hours of work for the shared work employer and is available for all the participating employee’s 1921 usual hours of work with the shared work employer, and the participating employee did not work 1922 any hours for the other employer, either because of the lack of work with that employer or 1923 because the participating employee is excused from work with the other employer, the 1924 participating employee shall be eligible for the full value of the shared work benefit for that 1925 week.”. 1926 (2) Subsection (b) is repealed 1927 (3) New subsections (c) and (d) are added to read as follows: 1928 “(c) A participating employee who is not provided any work during a week by the shared 1929 work employer or any other employer and who is otherwise eligible for unemployment 1930 compensation shall be eligible for the amount of regular unemployment compensation to which 1931 the individual would otherwise be eligible. 1932 “(d) A participating employee who is not provided any work by the shared work 1933 employer during a week, but who works for another employer and is otherwise eligible for 1934 unemployment compensation may be paid unemployment compensation for that week subject to 1935 the disqualifying income provision and other provisions applicable to claims for regular 1936 unemployment compensation.”. 1937 88 SUBTITLE Q. EQUITABLE IMPACT ASSISTANCE FOR LOCAL BUSINESS 1938 Sec. 2161. Short title. 1939 This subtitle may be cited as the “Equitable Impact Assistance for Local Businesses 1940 Congressional Review Emergency Act of 2020”. 1941 Sec. 2162. Definitions. 1942 For the purposes of this subtitle, the term: 1943 (1) “Economically disadvantaged individual” shall have the same meaning as set 1944 forth in section 2302(7) of the Small and Certified Business Enterprise Development and 1945 Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2- 1946 218.02(7)). 1947 (2)(A) “Eligible business” means an equity impact enterprise that has $2 million 1948 or less in annual revenue and certifies in writing that the business is unable to obtain 1949 conventional financing or is a business enterprise that cannot reasonably be expected to qualify 1950 for financing under the standards of commercial lending. 1951 (B) For the purposes of this paragraph, the phrase “unable to obtain 1952 conventional financing” means that the business has attempted but failed in the attempt to obtain 1953 financing from conventional sources. 1954 (3) “Equity impact enterprise” shall have the same meaning as set forth in section 1955 2303(8A) of the Small and Certified Business Enterprise Development and Assistance Act of 1956 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(8A)). 1957 (4) “Fund” means the Equity Impact Fund established in section 2163. 1958 89 (5) “Fund Manager” means a private financial organization selected by the Mayor 1959 pursuant to section 2164. 1960 (6) “Private financial organization” means a partnership, corporation, trust, 1961 limited liability company, Community Development Financial Institution, or a consortium of 1962 partnerships, corporations, trusts, limited liability companies, or Community Development 1963 Financial Institutions, whether organized on a profit or not-for-profit basis, that has as its primary 1964 activity the investment of capital into businesses. 1965 Sec. 2163. Establishment of the Equity Impact Fund. 1966 (a)(1) There is established a fund outside the General Fund of the District of Columbia, 1967 designated as the Equity Impact Fund (“Fund”), which shall be managed by a Fund Manager 1968 selected by the Mayor. 1969 (2) The Deputy Mayor for Planning and Economic Development shall provide, 1970 upon selection of the Fund Manager, $1.25 million in the aggregate in Fiscal Year 2021 for 1971 deposit into the Fund (“District’s initial investment”). 1972 (b) The Fund shall be funded by money appropriated for the purposes of the Fund, other 1973 amounts, if any, received by the District or Fund Manager for deposit into the Fund, and any 1974 monies received as gifts, grants, donations, and awards. 1975 (c) Money in the Fund shall be used for the following purposes: 1976 (1) To facilitate investment in businesses that lack access to capital; 1977 (2) To make investments into eligible businesses based on an investment strategy 1978 determined by the Fund Manager; and 1979 90 (3) To administer the Fund, including the provision of technical assistance to 1980 eligible businesses; provided, that no more than 15% of the District’s initial investment may be 1981 used annually for this purpose. 1982 Sec. 2164. Fund Manager selection. 1983 (a) The Mayor shall solicit applications, in a form determined by the Mayor, for the 1984 position of Fund Manager from private financial organizations. The application shall contain 1985 description of: 1986 (1) The qualifications of the applicant, including demonstrable experience in 1987 investing in small businesses, businesses owned by economically disadvantaged individuals, 1988 businesses owned by individuals who have been subjected to racial or ethnic prejudice or cultural 1989 bias because of their identity as a member of a group without regard to their individual qualities, 1990 or businesses that otherwise meet the definition of, or are similar to, an equity impact enterprise; 1991 (2) How the applicant will structure the Fund and investment criteria to achieve 1992 the goals and objectives of the Fund; 1993 (3) The ability and plans of the applicant to provide or raise sufficient funds to 1994 provide matching contributions for the Fund; 1995 (4) The ability of the applicant to maintain a sufficient fund balance to administer 1996 the Fund; 1997 (5) The type of businesses to be targeted for priority investment from the Fund; 1998 (6) A demonstrable ability to offer a variety of financing vehicles, including 1999 equity financing, revenue-based financing, royalty financing, and debt financing; 2000 91 (7) The investment strategies the applicant will employ to achieve the goals and 2001 objectives of the Fund; and 2002 (8) Other criteria that the Mayor considers necessary or appropriate. 2003 (b) The Fund Manager shall be selected from among the applicants for the position based 2004 on a scoring rubric established by the Mayor; provided, that: 2005 (1) A preference be given to applicants that are at least 51% owned, operated, or 2006 controlled by economically disadvantaged individuals or individuals who have been subjected to 2007 racial or ethnic prejudice or cultural bias because of their identity as a member of a group 2008 without regard to their individual qualities; and 2009 (2) If the applicant manages an existing investment fund, the existing fund not 2010 exceed $100,000,000 in total investments. 2011 Sec. 2165. Minimum requirements for investment. 2012 (a) The Fund Manager shall source, underwrite, and monitor all investments placed 2013 pursuant to this subtitle. Except as otherwise provided by this subtitle, the Mayor shall not 2014 determine the recipient, amount, interest rate, or any other requirement related to an investment 2015 made pursuant to this subtitle. 2016 (b) The following requirements shall apply to any investment in an eligible business 2017 made from the Fund using the District’s initial investment or interest earned on the initial 2018 investment: 2019 (1) The Fund Manager shall begin accepting applications from eligible businesses 2020 seeking investment, on a rolling basis, within 30 days of being selected for the position by the 2021 Mayor. 2022 92 (2) For the Fund Manager to provide an investment from the Fund, the eligible 2023 business must agree, in writing, to participate in technical assistance training. 2024 (3) The Fund Manager shall establish, for each selected eligible business, a 12- 2025 month individualized business plan. Investments shall be distributed to the eligible business in 2026 installments based upon completion of specific milestones clearly described in the business’s 2027 individualized business plan. The individualized business plan shall include technical 2028 assistance, provided at no cost to the business, which shall include education on the 2029 management and scale of a business through live training or guided recorded sessions. All 2030 eligible businesses that receive an investment from the Fund shall be required to participate in at 2031 least 3 months of technical assistance training. 2032 Sec. 2166. Reporting requirements. 2033 The Fund Manager shall submit to the Mayor, on a quarterly basis, a report on the 2034 activities of the Fund. The report shall include, at a minimum: 2035 (1) The aggregate amount of dollars invested in eligible businesses during the 2036 reporting period; 2037 (2) The number of eligible businesses receiving an investment, including the 2038 name and business address for each; 2039 (3) A copy of the individualized business plan for each eligible business, 2040 including a description of the technical assistance training provided; and 2041 (4) The aggregate amount of funds in the Fund and a breakdown of the amount of 2042 the funds in the Fund used for each of the following, with each amount reported as a percentage 2043 of the aggregate amount of the Fund: 2044 93 (A) The percentage used for technical training assistance; 2045 (B) The percentage used for administration costs; and 2046 (C) The percentage used to compensate the Fund Manager. 2047 Sec. 2167. Recovery of District investment. 2048 The Mayor shall reserve the right to recover the amount of its initial investment into the 2049 Fund and may exercise this right if the Fund Manager does not, within a reasonable period, as 2050 determined by the Mayor, place investments into eligible businesses in an amount equal to the 2051 amount of the District’s initial investment into the Fund. 2052 SUBTITLE R. AFFORDABLE HOUSING LOAN FUND AUTHORIZATION 2053 Sec. 2171. Short Title. 2054 This subtitle may be cited as the “Affordable Housing Loan Fund Authorization 2055 Congressional Review Emergency Amendment Act of 2020”. 2056 2057 Sec. 2172. The Department of Housing and Community Development is authorized to 2058 submit an application for the program offered by the U.S. Department of Housing and Urban 2059 Development, pursuant to section 108 of the Housing and Community Development Act of 2060 1974, approved August 22, 1974 (88 Stat. 647; 42 U.S.C. § 5308), to provide a gap subsidy 2061 resource source for Community Development Block Grant-eligible affordable housing 2062 acquisition and rehabilitation projects in Fiscal Year 2021 that also meet the criteria for the use 2063 of money in the Housing Preservation Fund, established by section 2032 of the Housing 2064 Preservation Fund Establishment Act of 2017, effective December 13, 2017 (D.C. Law 22-33; 2065 D.C. Official Code § 1-325.351), or the Housing Production Trust Fund, established by section 3 2066 94 of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; 2067 D.C. Official Code § 42-2802). 2068 Sec. 2173. Section 2009(d) of the Department of Housing and Community Development 2069 Unified Fund Establishment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; D.C. 2070 Official Code § 42-2857.01(d)), is amended as follows: 2071 (a) The existing text is designated as paragraph (1). 2072 (b) A new paragraph (2) is added to read as follows: 2073 “(2) Costs associated with the application or implementation of projects pursuant 2074 to the Affordable Housing Loan Fund Authorization Congressional Review Emergency 2075 Amendment Act of 2020, passed on emergency basis on October 6, 2020 (Enrolled version of 2076 Bill 23-xxx), shall not be considered project-delivery costs for purposes of paragraph (1) of this 2077 subsection.”. 2078 2079 Sec. 2174. Section 3(b)(10) of the Housing Production Trust Fund Act of 1988, effective 2080 March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802(b)(10)), is amended as follows: 2081 (a) The existing text is designated as subparagraph (A). 2082 (b) A new subparagraph (B) is added to read as follows: 2083 “(B) Costs associated with the application or implementation of projects 2084 pursuant to the Affordable Housing Loan Fund Authorization Congressional Review Emergency 2085 Amendment Act of 2020, passed on emergency basis on October 6, 2020 (Enrolled version of 2086 Bill 23-xxx), shall not be considered administration of the Fund for purposes of this paragraph.”. 2087 95 SUBTITLE S. RENT STABILIZATION EXTENSION 2088 Sec. 2181. Short Title. 2089 This subtitle may be cited as the “Rent Stabilization Extension Congressional Review 2090 Emergency Amendment Act of 2020”. 2091 Sec. 2182. Section 907 of the Rental Housing Act of 1985, effective July 17, 1985 2092 (D.C. Law 6-10; D.C. Official Code § 42-3509.07), is amended by striking the phrase “shall 2093 terminate on December 31, 2020” and inserting the phrase “shall terminate on December 31, 2094 2030” in its place. 2095 SUBTITLE T. EXPENDITURES FROM THE PUBLIC HOUSING AND 2096 STRUCTURAL TRANSFORMATION CAPITAL ACCOUNT 2097 Sec. 2191. Short title. 2098 This subtitle may be cited as the “Expenditures from the Public Housing and Structural 2099 Transformation Capital Account Congressional Review Emergency Act of 2020”. 2100 2101 Sec. 2192. Expenditures from the Public Housing and Structural Transformation capital 2102 account. 2103 (a)(1) Capital project DHA21C (“DHA21C”) shall be administered by the Office of the 2104 Chief Financial Officer (“OCFO”), with available project allotments advanced to the District of 2105 Columbia Housing Authority (“Authority”) on a quarterly basis for the encumbrances and 2106 expenditures planned for that quarter; provided, that the requirements of subsection (b) of this 2107 section are met. 2108 96 (2) DHA21C funds shall be used by the Authority to fund capital-eligible 2109 construction, renovation, or rehabilitation subprojects that: 2110 (A) Increase the longevity of public housing units; 2111 (B) Prevent existing tenants from being displaced; or 2112 (C) Increase the availability of public housing units for existing District of 2113 Columbia residents listed on the Authority's waitlist. 2114 (3) DHA21C funds shall not be used to fund the Authority’s operating costs, 2115 renovation, or rehabilitation of any unit set to be demolished, sold, or otherwise removed from 2116 the Authority inventory, or any administrative or overhead costs not specifically attributable to a 2117 subproject. 2118 (b)(1) Each fiscal year that DHA21C funds are available, the Authority shall 2119 submit to the Mayor, the Council, and the OCFO a proposed spending plan, which shall include: 2120 (A) Documentation that planned encumbrances and expenditures are 2121 capital eligible; and 2122 (B) Information on each subproject for which the Authority proposes to 2123 use DHA21C funds, including, at a minimum: 2124 (i) The proposed location of the subproject; 2125 (ii) A detailed proposed scope of the subproject; 2126 (iii) A detailed proposed line-item budget for the subproject; 2127 (iv) A detailed proposed timeline for the subproject; and 2128 97 (v) A statement of whether the implementation of the proposed 2129 subproject will require the relocation of tenants and, if relocation is required, a detailed proposed 2130 relocation plan. 2131 (2) In the event of significant delays or changes in planned encumbrances and 2132 expenditures for any subproject during the fiscal year, the Authority shall update its spending 2133 plan and provide additional documentation as needed to minimize unencumbered and 2134 unexpended transfers, avoid causing the District to incur unnecessary debt service costs, and 2135 ensure that all subproject encumbrances and expenditures are capital eligible. 2136 (c)(1) For each solicitation of a contract valued at $100,000 or more that is funded with 2137 money from capital project DHA21C, the Authority shall: 2138 (A) Award preferences to certified business enterprises as provided in 2139 section 2343 of the Small and Certified Business Enterprise Development and Assistance Act of 2140 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.43); and 2141 (B) Exercise its contracting and procurement authority for contracts 2142 funded by capital project DHA21C so as to meet, on an annual basis, the goals of procuring and 2143 contracting at least 50% of the dollar volume of such contracts (“CBE dollar volume”) with 2144 certified business enterprises and at least 50% of the CBE dollar volume with small business 2145 enterprises. 2146 (2) For the purposes of this subsection, the term: 2147 (A) “Certified business enterprise” shall have the meaning set forth in 2148 section 2302(1D) of the Small and Certified Business Enterprise Development and Assistance 2149 Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(1D)). 2150 98 (B) “Small business enterprise” shall have the meaning set forth in section 2151 2302(16) of the Small and Certified Business Enterprise Development and Assistance Act of 2152 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(16)). 2153 (d) The Inspector General of the District of Columbia shall audit the Authority’s capital 2154 project DHA21C financial statements for the previous fiscal year not later than February 1, 2021, 2155 and not later than each February 1 thereafter for as long as DHA21C funds remain unspent by 2156 the Authority. The Inspector General shall submit to the Mayor, the Chief Financial Officer, and 2157 the Council a report on the results of each audit. 2158 SUBTITLE U. DC CENTRAL KITCHEN FACILITY GRANT 2159 Sec. 2201. Short title. 2160 This subtitle may be cited as the “DC Central Kitchen Facility Grant Congressional 2161 Review Emergency Act of 2020”. 2162 Sec. 2202. Notwithstanding section 4(c) of the Workforce Investment Implementation 2163 Act of 2000, effective July 18, 2000 (D.C. Law 13-150; D.C. Official Code § 32-1603(c)), and 2164 the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. 2165 Official Code § 1-328.11 et seq.), in Fiscal Year 2021, the Workforce Investment Council shall 2166 award DC Central Kitchen a grant in the amount of $1,000,000 to build a new training facility 2167 that will provide culinary training services and community nutrition programming and to aid in 2168 the relocation of its headquarters. 2169 SUBTITLE V. C&O CANAL GRANT 2170 Sec. 2211. Short title. 2171 99 This subtitle may be cited as the “C&O Canal Grant Congressional Review 2172 Emergency Act of 2020”. 2173 Sec. 2212. (a) In Fiscal Year 2021, the Office of Planning shall award a grant of 2174 not less than $500,000 to an organization partnering with the National Park Service to 2175 complete concept design plans for the Chesapeake and Ohio Canal in Georgetown. 2176 (b) A grant awarded pursuant to this section shall be in addition to any other grant 2177 awarded by the Office of Planning for design work for the Chesapeake and Ohio Canal. 2178 TITLE III. PUBLIC SAFETY AND JUSTICE 2179 SUBTITLE A. CRIMINAL CODE REFORM COMMISSION 2180 Sec. 3001. Short title. 2181 This subtitle may be cited as the “Criminal Code Reform Commission Congressional 2182 Review Emergency Amendment Act of 2020”. 2183 Sec. 3002. The Criminal Code Reform Commission Establishment Act of 2016, effective 2184 October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 3-151 et seq.), is amended as follows: 2185 (a) Section 3122(c)(1) (D.C. Official Code § 3-151(c)(1)) is amended by striking the phrase 2186 “, or until the Commission is dissolved pursuant to section 3127, and” and inserting the phrase “, 2187 and” in its place. 2188 (b) Section 3123 (D.C. Official Code § 3-152) is amended as follows: 2189 (1) The section heading is amended to read as follows: 2190 “Sec. 3123. Duties of the Criminal Code Reform Commission.”. 2191 (2) The lead-in language of subsection (a) is amended by striking the phrase “By 2192 September 30, 2020” and inserting the phrase “By March 31, 2021” in its place. 2193 100 (3) Subsection (d) is amended by striking the phrase “provide, upon request by the 2194 Council, a legal analysis of proposed legislation concerning criminal offenses, including” and 2195 inserting the phrase “provide, upon request by the Council or on its own initiative, a legal or 2196 policy analysis of proposed legislation or best practices concerning criminal offenses, 2197 procedures, or reforms, including” in its place. 2198 (4) Subsection (e) is amended by striking the phrase “regarding criminal code 2199 reform to advance” and inserting the phrase “to advance” in its place. 2200 (c) The lead-in language of section 3124(a) (D.C. Official Code § 3-153(a)) is amended 2201 by striking the phrase “section 3123” and inserting the phrase “section 3123(a)” in its place. 2202 (d) Section 3125 (D.C. Official Code § 3-154) is amended as follows: 2203 (1) Subsection (a) is amended by striking the phrase “The Commission” and 2204 inserting the phrase “Until March 31, 2021, the Commission” in its place. 2205 (2) Subsection (b) is amended by striking the phrase “The Commission shall file 2206 an annual report with the Council before March 31 of each year” and inserting the phrase 2207 “Before March 31, 2021, the Commission shall file a report with the Council” in its place. 2208 (3) A new subsection (c) is added to read as follows: 2209 “(c) Before March 31, 2022, and annually thereafter, the Commission shall file an annual 2210 report with the Council of its activities during the previous calendar year.”. 2211 (e) Section 3127 (D.C. Official Code § 3-156) is repealed. 2212 SUBTITLE B. RESTORATIVE JUSTICE COLLABORATIVE 2213 Sec. 3011. Short title. 2214 101 This subtitle may be cited as the “Restorative Justice Collaborative Congressional 2215 Review Emergency Amendment Act of 2020”. 2216 Sec. 3012. The Neighborhood Engagement Achieves Results Amendment Act of 2016, 2217 effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2411 et seq.), is amended as 2218 follows: 2219 (a) Section 101 (D.C. Official Code § 7-2411) is amended as follows: 2220 (1) Subsection (a) is amended as follows: 2221 (A) Paragraph (2) is amended by striking the phrase “; and” and inserting 2222 a semicolon in its place. 2223 (B) Paragraph (3) is amended by striking the period and inserting the 2224 phrase “; and” in its place. 2225 (C) A new paragraph (4) is added to read as follows: 2226 “(4) The Restorative Justice Collaborative, which shall serve as a centralized hub 2227 to coordinate and foster restorative justice programming and practices within the District 2228 government and by and in partnership with District community-based organizations.”. 2229 (2) Subsection (b) is amended as follows: 2230 (A) Paragraph (5) is amended by striking the phrase “; and” and inserting 2231 a semicolon in its place. 2232 (B) Paragraph (6) is amended by striking the period and inserting the 2233 phrase “; and” in its place. 2234 (C) A new paragraph (7) is added to read as follows: 2235 102 “(7) Coordinating and fostering restorative justice programming and practices 2236 within the District government and by and in partnership with District community-based 2237 organizations, with a focus on the 18-to-35-year old population.”. 2238 (b) Section 102(a)(3) (D.C. Official Code § 7-2412(a)(3)) is amended by striking the 2239 phrase “programming; and” and inserting the phrase “and restorative justice programming; and” 2240 in its place. 2241 SUBTITLE C. EMERGENCY MEDICAL SERVICES TRANSPORT CONTRACT 2242 Sec. 3021. Short title. 2243 This subtitle may be cited as the “Emergency Medical Services Transport Contract 2244 Authority Congressional Review Emergency Amendment Act of 2020”. 2245 Sec. 3022. Section 3073 of the Emergency Medical Services Transport Contract 2246 Authority Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-160; 63 DCR 2247 10775), is amended by striking the date “September 30, 2021” and inserting the date “September 2248 30, 2023” in its place. 2249 SUBTITLE D. SENIOR POLICE OFFICERS PROGRAM 2250 Sec. 3031. Short title. 2251 This subtitle may be cited as the “Senior Police Officers Retention Congressional Review 2252 Emergency Amendment Act of 2020”. 2253 2254 Sec. 3032. Section 2(h)(1) of the Retired Police Officer Redeployment Amendment Act 2255 of 1992, effective September 29, 1992 (D.C. Law 9-163; D.C. Official Code § 5-761(h)(1)), is 2256 103 amended by striking the date “October 1, 2020” and inserting the date “October 1, 2023” in its 2257 place. 2258 SUBTITLE E. OFFICE ON RETURNING CITIZEN AFFAIRS 2259 Sec. 3041. Short title. 2260 This subtitle may be cited as the “Moving the Office on Returning Citizen Affairs 2261 Congressional Review Emergency Amendment Act of 2020”. 2262 Sec. 3042. Section 3022 of the Office of the Deputy Mayor for Public Safety and Justice 2263 Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 2264 1-301.191), is amended as follows: 2265 (a) Subsection (c) is amended as follows: 2266 (1) Paragraph (1) is amended to read as follows: 2267 “(1) Be responsible for providing guidance and support to, and coordination of, 2268 public safety, justice, and returning citizen agencies within the District of Columbia government, 2269 including the Office on Returning Citizen Affairs, established by section 3 of the Office on Ex- 2270 Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2271 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302);”. 2272 (2) Paragraph (2) is amended to read as follows: 2273 “(2) Ensure accountability through general oversight over public safety, justice, 2274 and returning citizen agencies, as well as the programs under the jurisdiction of the Office;”. 2275 (3) Paragraph (3) is amended by striking the phrase “public-safety and justice 2276 services” and inserting the phrase “public safety, justice, and returning citizen services” in its 2277 place. 2278 104 (4) Paragraph (4) is amended by striking the phrase “criminal justice or public- 2279 safety issues, in the coordination, planning, and implementation of public-safety and justice 2280 matters” and inserting the phrase “public safety, justice, or returning citizen issues, in the 2281 coordination, planning, and implementation of public safety, justice, and returning citizen 2282 matters” in its place. 2283 (5) Paragraph (5) is repealed. 2284 (b) A new subsection (e) is added to read as follows: 2285 “(e) For the purposes of this section, the term “returning citizens” shall have the same 2286 meaning as provided in section 2(5) of the Office on Ex-Offender Affairs and Commission on 2287 Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. 2288 Law 16-243; D.C. Official Code § 24-1301(5)).”. 2289 Sec. 3043. Section 3(a) of the Office on Ex-Offender Affairs and Commission on Re- 2290 Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 2291 16-243; D.C. Official Code § 24-1302(a)), is amended by striking the phrase “established the 2292 Office on Returning Citizen Affairs” and inserting the phrase “established, as a subordinate 2293 Executive agency within the Public Safety and Justice cluster, the Office on Returning Citizen 2294 Affairs” in its place. 2295 2296 SUBTITLE F. CONCEALED PISTOL LICENSING REVIEW BOARD 2297 Sec. 3051. Short title. 2298 This subtitle may be cited as the “Concealed Pistol Licensing Review Board Membership 2299 Congressional Review Emergency Amendment Act of 2020”. 2300 105 Sec. 3052. Section 908 of the Firearms Control Regulations Act of 1975, effective June 16, 2301 2015 (D.C. Law 20-279; D.C. Official Code § 7-2509.08), is amended as follows: 2302 (a) Subsection (b)(1) is amended as follows: 2303 (1) The lead-in language is amended by striking the phrase “7 members” and 2304 inserting the phrase “11 members” in its place. 2305 (2) Subparagraph (D) is amended by striking the semicolon and inserting the 2306 phrase “; and” in its place. 2307 (3) Subparagraph (E) is amended as follows: 2308 (A) The lead-in language is amended by striking the phrase “Three public” 2309 and inserting the phrase “Seven public” in its place. 2310 (B) Sub-subparagraph (i) is amended by striking the phrase “; and” and 2311 inserting a semicolon in its place. 2312 (C) Sub-subparagraph (ii) is amended by striking the period and inserting 2313 a semicolon in its place. 2314 (D) New sub-subparagraphs (iii), (iv), and (v) are added to read as 2315 follows: 2316 “(iii) Two District residents with professional experience in the 2317 field of gun violence prevention; 2318 “(iv) One District resident with professional experience in the field 2319 of victim services or advocacy; and 2320 “(v) One District resident attorney in good standing with the 2321 District of Columbia Bar with professional experience in criminal law.”. 2322 106 (b) Subsection (c) is amended by striking the phrase “section. Each hearing panel shall 2323 contain at least one member designated by subsection (b)(1)(A), (B), or (D) of this section.” and 2324 inserting the phrase “section.” in its place. 2325 SUBTITLE G. LITIGATION SUPPORT FUND AND GRANT-MAKING 2326 AUTHORITY 2327 Sec. 3061. Short title. 2328 This subtitle may be cited as the “Litigation Support Fund and Grant-Making Authority 2329 Congressional Review Emergency Amendment Act of 2020”. 2330 Sec. 3062. The Attorney General for the District of Columbia Clarification and Elected 2331 Term Amendment Act of 2010, effective May 27, 2010 (D.C. Law 18-160; D.C. Official Code § 2332 1-301.81 et seq.), is amended as follows: 2333 (a) Section 106b (D.C. Official Code § 1-301.86b) is amended as follows: 2334 (1) Subsection (c) is amended as follows: 2335 (A) Paragraph (1)(B) is amended by striking the phrase “Funding staff 2336 positions, up to a maximum amount of $4 million” and inserting the phrase “Funding staff 2337 positions, personnel costs, and employee retirement and separation incentives, up to a maximum 2338 amount of $6 million” in its place. 2339 (B) Paragraph (2) is amended to read as follows: 2340 “(2) Beginning in Fiscal Year 2020, up to $7 million deposited into the Fund each 2341 fiscal year may be used for the purposes of crime reduction, violence interruption, and other 2342 public safety initiatives.”. 2343 (C) A new paragraph (3) is added to read as follows: 2344 107 “(3) In Fiscal Year 2021, the first $500,000 deposited into the Fund shall be 2345 transferred to the Office of Victim Services and Justice Grants for victim services grants.”. 2346 (2) Subsection (d)(3) is amended as follows: 2347 (A) Subparagraph (A) is amended by striking the phrase “$10 million” 2348 both times it appears and inserting the phrase “$17 million” in its place. 2349 (B) Subparagraph (B) is amended by striking the phrase “$11.6 million in 2350 the Fund until September 30, 2020” and inserting the phrase “$19.1 million in the Fund until 2351 September 30, 2021” in its place. 2352 (3) A new subsection (f) is added to read as follows: 2353 “(f) Notwithstanding any other provision of this section, $12,039,659.91 of the amount to 2354 be received by the District in Fiscal Year 2021 in settlement of District of Columbia v. Monsanto 2355 Co., Superior Court of the District of Columbia Case No. 2020 CA 002445 B, shall be deposited 2356 in the Fund and allocated as follows: 2357 “(1) $7,339,659.91 shall be paid in attorney’s fees and costs to May Firm/EKM 2358 Association on PCBs for legal services received pursuant to Contract No. DCCB-2019-C-0008; 2359 and 2360 “(2) $4,700,000 shall be used for the authorized purposes of the Fund pursuant to 2361 subsection (c) of this section.”. 2362 (b) Section 108c (D.C. Official Code § 1-301.88f) is amended as follows: 2363 (1) The section heading is amended by striking the phrase “reduction and violence 2364 interruption” and inserting the phrase “reduction, violence interruption, and assistance to victims 2365 of crime and other vulnerable residents” in its place. 2366 108 (2) Subsection (a) is amended by striking the phrase “reduction and violence 2367 interruption” and inserting the phrase “reduction, violence interruption, and assistance to victims 2368 of crime and other categories of vulnerable residents served by the Office of the Attorney 2369 General, including seniors, children, individuals protected from discrimination under the Human 2370 Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2- 2371 1401.01 et seq.), and individuals previously involved in the criminal justice system” in its place. 2372 SUBTITLE H. CHIEF OF POLICE TERM OF OFFICE 2373 Sec. 3071. Short title. 2374 This subtitle may be cited as the “Chief of Police Term of Office Congressional Review 2375 Emergency Amendment Act of 2020”. 2376 Sec. 3072. Section l of An Act Relating to the Metropolitan police of the District of 2377 Columbia, approved February 28, 1901 (31 Stat. 819; D.C. Official Code § 5-105.01), is 2378 amended by adding a new subsection (e) to read as follows: 2379 “(e)(1) Effective May 2, 2017, the term of office for Chief of Police shall be 4 years; 2380 except, that the Mayor may earlier terminate a Chief of Police with or without cause during that 2381 Chief of Police’s term of office. 2382 “(2) In the event a Chief of Police leaves office prior to the expiration of a 4-year 2383 term, the successor Chief nominated by the Mayor and confirmed by the Council shall serve a 2384 new 4-year term of office, subject to removal during that term by the Mayor in accordance with 2385 paragraph (1) of this subsection.”. 2386 SUBTITLE I. MONSANTO SETTLEMENT ALLOCATION 2387 Sec. 3081. Short title. 2388 109 This subtitle may be cited as the “Monsanto Settlement Allocation Congressional Review 2389 Emergency Act of 2020”. 2390 Sec. 3082. Notwithstanding any other provision of law, the $52 million to be received by 2391 the District in Fiscal Year 2021 in settlement of District of Columbia v. Monsanto Co., Superior 2392 Court of the District of Columbia Case No. 2020 CA 002445 B, shall be recognized as revenue 2393 and allocated as follows: 2394 (1) $7,339,659.91 shall be deposited in the Litigation Support Fund, 2395 established pursuant to section 106b of the Attorney General for the District of Columbia 2396 Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 2397 21-36; D.C. Official Code § 1-301.86b) (“Litigation Support Fund”), to pay attorney’s fees and 2398 costs to May Firm/EKM Association on PCBs for legal services received pursuant to Contract 2399 No. DCCB-2019-C-0008; 2400 (2) $4,700,000 shall be deposited into the Litigation Support Fund and 2401 used for the authorized purposes of that fund; 2402 (3) $30,000,000 shall be deposited into the Clean Land Fund, established 2403 pursuant to section 308 of the Brownfield Revitalization Amendment Act of 2000, effective June 2404 13, 2001 (D.C. Law 13-312; D.C. Official Code § 8-633.08), to be used for the authorized 2405 purposes of that fund; and 2406 (4) $9,960,340.09 shall be deposited as local funds into the General Fund 2407 and shall be made available as set forth in the approved Fiscal Year 2021 Budget and Financial 2408 Plan. 2409 110 SUBTITLE J. ETHICS ENFORCEMENT 2410 Sec. 3091. Short title. 2411 This subtitle may be cited as the “Ethics Enforcement Congressional Review Emergency 2412 Amendment Act of 2020”. 2413 Sec. 3092. The Government Ethics Act of 2011, effective April 27, 2012 (D.C. Law 19- 2414 124; D.C. Official Code § 1-1162.01 et seq.), is amended as follows: 2415 (a) Section 215 (D.C. Official Code § 1-1162.15) is amended as follows: 2416 (1) Subsection (a) is amended as follows: 2417 (A) Paragraph (2) is amended by striking the phrase “the United States 2418 Attorney for the District of Columbia for enforcement or prosecution;” and inserting the phrase 2419 “the prosecutorial authority with jurisdiction for enforcement or prosecution; or” in its place. 2420 (B) Paragraph (3) is repealed. 2421 (2) Subsection (b) is amended to read as follows: 2422 “(b) The Board may refer information concerning an alleged violation of the Code of 2423 Conduct or of this title to the prosecutorial authority with jurisdiction for enforcement or 2424 prosecution after the presentation of evidence by the Director of Government Ethics to the Board 2425 as provided in section 212(b), 213(e), or 214(a).”. 2426 (b) Section 221 (D.C. Official Code § 1-1162.21) is amended as follows: 2427 (1) Subsection (b) is amended as follows: 2428 (A) Paragraph (1) is amended by striking the phrase “not more than 2429 $25,000” and inserting the phrase “not more than $5,000” in its place. 2430 (B) A new paragraph (1A) is added to read as follows: 2431 111 “(1A) The fine set forth in paragraph (1) of this subsection shall not be limited by 2432 section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2433 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01).”. 2434 (C) Paragraph (2) is amended to read as follows: 2435 “(2) Prosecutions of violations of this subsection shall be brought by the Attorney 2436 General for the District of Columbia.”. 2437 (D) A new paragraph (3) is added to read as follows: 2438 “(3) For the purposes of this subsection and section 222(a), violations of the 2439 following provisions of the Code of Conduct substantially threaten the public trust: 2440 “(A) Section 223; and 2441 “(B) Section 416 of the Procurement Practices Reform Act of 2010, 2442 effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.16).”. 2443 (2) Subsection (d) is amended by striking the phrase “the Board, the Attorney 2444 General of the District of Columbia, or of the United States Attorney for the District of 2445 Columbia” and inserting the phrase “the Board or the Attorney General of the District of 2446 Columbia” in its place. 2447 TITLE IV. PUBLIC EDUCATION SYSTEMS 2448 SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA INCREASE 2449 Sec. 4001. Short title. 2450 This subtitle may be cited as the “Funding for Public Schools and Public Charter Schools 2451 Increase Congressional Review Emergency Amendment Act of 2020”. 2452 112 Sec. 4002. The Uniform Per Student Funding Formula for Public Schools and Public 2453 Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 2454 38-2901 et seq.), is amended as follows: 2455 (a) Section 104(a) (D.C. Official Code § 38-2903(a)) is amended by striking the phrase 2456 “$10,980 per student for Fiscal Year 2020” and inserting the phrase “$11,310 per student for 2457 Fiscal Year 2021” in its place. 2458 (b) Section 105 (D.C. Official Code § 38-2904) is amended by striking the tabular array 2459 and inserting the following tabular array in its place: 2460 “Grade Level Weighting Per Pupil Allocation in FY 2021 “Pre-Kindergarten 3 1.34 $15,155 “Pre-Kindergarten 4 1.30 $14,703 “Kindergarten 1.30 $14,703 “Grades 1-5 1.00 $11,310 “Grades 6-8 1.08 $12,215 “Grades 9-12 1.22 $13,798 “Alternative program 1.445 $16,343 “Special education school 1.17 $13,233 “Adult 0.89 $10,066 2461 (c) Section 106(c) (D.C. Official Code § 38-2905(c)) is amended to read as follows: 2462 “(c) The supplemental allocations shall be calculated by applying weightings to the 2463 foundation level as follows: 2464 “Special Education Add-ons: 2465 113 “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Level 1: Special Education Eight hours or less per school week of specialized services 0.97 $10,971 “Level 2: Special Education More than 8 hours and less than or equal to 16 hours per school week of specialized services 1.20 $13,572 “Level 3: Special Education More than 16 hours and less than or equal to 24 hours per school week of specialized services 1.97 $22,281 “Level 4: Special Education More than 24 hours per school week of specialized services, which may include instruction in a self-contained (dedicated) special education school other than residential placement 3.49 $39,472 “Special Education Compliance Funding Weighting provided in addition to special education level add-on weightings on a per-student basis for special education compliance. 0.099 $1,120 “Attorney’s Fees Supplement Weighting provided in addition to special education level add-on weightings on a per-student basis for attorney’s fees. 0.089 $1,007 “Residential D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program 1.67 $18,888 2466 “General Education Add-ons: 2467 “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 114 “ELL Additional funding for English Language Learners 0.49 $5,542 “At-risk Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level 0.2256 $2,552 2468 “Residential Add-ons: 2469 “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Level 1: Special Education - Residential Additional funding to support the after- hours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.37 $4,185 “Level 2: Special Education - Residential Additional funding to support the after- hours level 2 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 1.34 $15,155 “Level 3: Special Education - Residential Additional funding to support the after- hours level 3 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 2.89 $32,686 “Level 4: Special Education - Residential Additional funding to support the after- hours level 4 special education needs of limited- and non-English-proficient students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 2.89 $32,686 115 “LEP/NEP - Residential Additional funding to support the after- hours limited- and non-English- proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.668 $7,555 2470 “Special Education Add-ons for Students with Extended School Year (“ESY”) Indicated 2471 in Their Individualized Education Programs (“IEPs”): 2472 “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Special Education Level 1 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs. 0.063 $713 “Special Education Level 2 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.227 $2,567 “Special Education Level 3 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,553 “Special Education Level 4 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,553 .” . 2473 (d) Section 115 (D.C. Official Code § 38-2913) is amended by striking the phrase “Fiscal 2474 Year 2022” and inserting the phrase “Fiscal Year 2024” in its place. 2475 116 SUBTITLE B. EDUCATION FACILITY COLOCATION 2476 Sec. 4011. Short title. 2477 This subtitle may be cited as the “Education Facility Colocation Congressional Review 2478 Emergency Amendment Act of 2020”. 2479 Sec. 4012. Section 3422 of the Public School and Public Charter School Facilities 2480 Sharing Act of 2002, effective October 1, 2002 (D.C. Law 14-190; D.C. Official Code § 38- 2481 1831.01), is amended as follows: 2482 (a) Subsection (a) is amended to read as follows: 2483 “(a) The District of Columbia Public Schools system may allow existing public charter 2484 schools that are chartered pursuant to the District of Columbia School Reform Act of 1995, 2485 approved April 26, 1996 (110 Stat. 1321-107; D.C. Official Code 38-1800.01 et seq.), to utilize 2486 space in DCPS facilities, for a period not greater than 15 years, where such facilities are 2487 currently or are projected to be underutilized.”. 2488 (b) Subsection (b) is amended as follows: 2489 (1) Paragraphs (1) and (2) are amended to read as follows: 2490 “(1) As payment for the space allocation, the public charter school shall pay to 2491 DCPS an amount agreeable to the charter school and DCPS. 2492 “(2) The amount of payment shall be agreed upon before relocation of any public 2493 charter school into a DCPS facility.”. 2494 (2) Paragraph (3) is repealed. 2495 (c) Subsection (c) is amended by striking the phrase “Board of Education shall” and 2496 inserting the phrase “Mayor may” in its place. 2497 117 (d) A new subsection (d) is added to read as follows: 2498 “(d)(1) There is established as a special fund the DCPS School Facility Colocation Fund 2499 (“Fund”), which shall be administered by DCPS in accordance with paragraph (3) of this 2500 subsection. 2501 “(2) All payments received from public charter schools under this section shall be 2502 deposited in the Fund. 2503 “(3) Money in the Fund shall be used for the following purposes: 2504 “(A) To fund additional school programming, supplemental staff, special 2505 initiatives, and other activities and programs at DCPS schools in which charter schools are 2506 colocated; and 2507 “(B) For maintenance of, or improvements to, DCPS schools in which 2508 charter schools are colocated. 2509 “(4)(A) The money deposited into the Fund but not expended in a fiscal year shall 2510 not revert to the unassigned fund balance of the General Fund of the District of Columbia at the 2511 end of a fiscal year, or at any other time. 2512 “(B) Subject to authorization in an approved budget and financial plan, 2513 any funds appropriated in the Fund shall be continually available without regard to fiscal year 2514 limitation.”. 2515 (e) A new subsection (e) is added to read as follows: 2516 “(e) Any funds received by a DCPS school pursuant to this section shall be supplemental 2517 to any funds budgeted for the school from the Uniform Per Student Funding Formula or other 2518 118 fund source. A school’s school-based budget shall not be reduced based on funds received 2519 pursuant to this section.”. 2520 SUBTITLE C. CHILD CARE GRANTS 2521 Sec. 4021. Short title. 2522 This subtitle may be cited as the “Grantmaking Authority to Expand Access to Quality 2523 Child Care Congressional Review Emergency Amendment Act of 2020”. 2524 Sec. 4022. Child care grantmaking authority. 2525 Section 3(b) of the State Education Office Establishment Act of 2000, effective October 2526 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)), is amended as follows: 2527 (a) Paragraph (30) is amended by striking the phrase “; and” and inserting a semicolon in 2528 its place. 2529 (b) Paragraph (31)(C) is amended by striking the period and inserting the phrase “; and” 2530 in its place. 2531 (c) A new paragraph (32) is added to read as follows: 2532 “(32) Have the authority to issue grants, from funds under its administration, to 2533 non-profit and community-based organizations to increase access to, the affordability of, and the 2534 quality of child care in the District.”. 2535 SUBTITLE D. UNIVERSITY OF THE DISTRICT OF COLUMBIA 2536 FUNDRAISING MATCH 2537 Sec. 4031. Short title. 2538 This subtitle may be cited as the “University of the District of Columbia Fundraising 2539 Match Congressional Review Emergency Act of 2020”. 2540 119 Sec. 4032. (a) In Fiscal Year 2021, of the funds allocated to the Non-Departmental 2541 agency, $1, up to a maximum of $1.5 million, shall be transferred to the University of the 2542 District of Columbia (“UDC”) to match dollar-for-dollar the amount UDC raises from private 2543 donations by April 1, 2021. 2544 (b) Of the amount transferred to UDC pursuant to subsection (a) of this section, no less 2545 than one-third of the funds shall be deposited into UDC’s endowment fund. 2546 SUBTITLE E. ADULT AND RESIDENTIAL PUBLIC CHARTER SCHOOL 2547 STABLIZATION 2548 Sec. 4041. Short title. 2549 This subtitle may be cited as the “Adult and Residential Public Charter School Funding 2550 Stabilization Congressional Review Emergency Amendment Act of 2020”. 2551 Sec. 4042. Section 107b of the Uniform Per Student Funding Formula for Public Schools 2552 and Public Charter Schools Act of 1998, effective April 13, 2005 (D.C. Law 15-348; D.C. 2553 Official Code § 38-2906.02), is amended by adding a new subsection (c-1) to read as follows: 2554 “(c-1)(1) Notwithstanding subsections (b), (c), (d), and (g) of this section, for School 2555 Year 2020-2021, the annual payment pursuant to the Funding Formula for each adult education 2556 program and each residential public charter school shall equal the total estimated costs for the 2557 number of District resident students projected to be enrolled in the adult education program or 2558 the residential public charter school, during School Year 2020-2021, including the costs of all 2559 add-on components provided in sections 106 and 106a, based on the program or school’s 2560 enrollment projections contained in the Mayor’s Fiscal Year 2021 proposed budget, as modified 2561 pursuant to section 107(e). 2562 120 “(2)(A) The first quarterly payment shall be 35% of a school’s annual payment. 2563 “(B) A school’s October 25, January 15, and April 15 payments 2564 shall each equal 1/3 of the school’s total remaining annual payment after the first quarterly 2565 payment is made. 2566 “(3) For the purposes of this subsection, the term: 2567 “(A) “Adult education program” means a public charter school or a 2568 program in a public charter school that, during School Year 2019-2020, was identified as an 2569 adult education performance management framework school by the District of Columbia Public 2570 Charter School Board. 2571 “(B) “Residential public charter school” means a public charter school 2572 that, during School Year 2019-2020, provided a majority of its students with room and board in a 2573 residential setting, in addition to their instructional program.”. 2574 SUBTITLE F. SCHOOL FINANCIAL TRANSPARENCY 2575 Sec. 4051. Short title. 2576 This subtitle may be cited as the “School Financial Transparency Congressional Review 2577 Emergency Amendment Act of 2020”. 2578 Sec. 4052. Section 202 of the Department of Education Establishment Act of 2007, 2579 effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191), is amended as follows: 2580 (a) Subsection (b) is amended as follows: 2581 (1) Paragraph (8) is amended by striking the phrase “; and” and inserting a 2582 semicolon in its place. 2583 121 (2) Paragraph (9) is amended by striking the period and inserting the phrase “; 2584 and” in its place. 2585 (3) A new paragraph (10) is added to read as follows: 2586 “(10)(A) By May 31, 2021, establish common financial reporting standards for 2587 the non-capital budgets and expenditures of District of Columbia Public Schools and public 2588 charter schools. The common financial reporting standards shall: 2589 “(i) Include categories for reporting budgets and expenditures for 2590 instructional staff, school administrators, instructional supports, educational materials, and non- 2591 educational administrative costs; 2592 “(ii) Permit meaningful and accurate budget and expenditure 2593 comparisons, including comparisons of budgets and expenditures for at-risk students, as defined 2594 in section 102(2A) of the Uniform Per Student Funding Formula for Public Schools and Public 2595 Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 2596 38-2901(2A)), between all public schools and between all local education agencies; 2597 “(iii) Ensure full and accurate disclosure of administrative costs for 2598 each local education agency; and 2599 “(iv) Make it possible to collect comparable data by school 2600 campus. 2601 “(B) For the purposes of this paragraph, the term: 2602 “(i) “Local education agency” means the District of Columbia 2603 Public Schools system or any individual or group of public charter schools operating under a 2604 single charter. 2605 122 “(ii) “Public schools” includes public charter schools.”. 2606 (b) A new subsection (f) is added to read as follows: 2607 “(f)(1) To support the establishment of common financial reporting standards required 2608 pursuant to subsection (b)(10) of this section, the Deputy Mayor for Education may issue grants 2609 not to exceed $200,000, in Fiscal Year 2021. 2610 “(2) Grants issued pursuant to this subsection shall be administered pursuant to 2611 the requirements set forth in the Grant Administration Act of 2013, effective December 24, 2013 2612 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.).”. 2613 Sec. 4053. Section 3(b) of the State Education Office Establishment Act of 2000, 2614 effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)), is amended by 2615 adding a new paragraph (3A) to read as follows: 2616 “(3A) Beginning in May 2024, and annually thereafter, electronically publish for 2617 each public school and public charter school the previous school year’s expenditures, based on 2618 the common financial reporting standards established by the Department of Education pursuant 2619 to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 2620 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)), in a manner that permits the 2621 public to easily compare expenditures between individual schools and between local education 2622 agencies.”. 2623 2624 Sec. 4054. The Board of Education Continuity and Transition Amendment Act of 2004, 2625 effective December 7, 2004 (D.C. Law 15-211; D.C. Official Code §§ 38-2831 and 38-2951 et 2626 seq.), is amended as follows: 2627 123 (a) Section 6 (D.C. Official Code § 38-2831) is amended as follows: 2628 (1) Subsection (b) is amended as follows: 2629 (A) Paragraph (1) is amended to read as follows: 2630 “(1) All funds budgeted for each school, including a summary statement or table 2631 of the local-funds budget for each school, by revenue source for activities and service levels, and 2632 by revenue source for comptroller source group by activities and service levels;” 2633 (B) Paragraph (2) is amended by striking the phrase “; and” and inserting a 2634 semicolon in its place. 2635 (C) Paragraph (3)(B) is amended by striking the period and inserting a 2636 semicolon in its place. 2637 (D) New paragraphs (4) and (5) are added to read as follows: 2638 “(4) The methodology used to determine each school’s local funding; and 2639 “(5) For each school’s individual budget, a separate budget line item for funding 2640 allocated to at-risk students, as defined in section 102(2A) of the Uniform Per Student Funding 2641 Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 2642 (D.C. Law 12-207; D.C. Official Code § 38-2901(2A)), as coded in the District’s current official 2643 financial system of record.”. 2644 (2) A new subsection (g) is added to read as follows: 2645 “(g) By December 1, 2023, and annually thereafter, the Mayor shall transmit a report of 2646 the previous school year’s actual expenditures, for each school, to the Office of the State 2647 Superintendent of Education. The report shall conform to the common financial reporting 2648 standards established by the Department of Education pursuant to section 202(b)(10) of the 2649 124 Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; 2650 D.C. Official Code § 38-191(b)(10)).”. 2651 (b) A new section 6a is added to read as follows: 2652 “Sec. 6a. District of Columbia Public Schools school-level budget model. 2653 “As part of the District of Columbia Public Schools’ (“DCPS”) regular multi-year 2654 strategic planning and goal setting, DCPS shall include, and make publicly available, an analysis 2655 of the model used to determine school-level budgets for DCPS schools. The analysis shall 2656 include the following: 2657 “(1) A summary of DCPS costs, including personnel costs; 2658 “(2) Research in education and education finance; 2659 “(3) A discussion of budget alignment with DCPS priorities; and 2660 “(4) Recommendations for changes, if applicable.”. 2661 Sec. 4055. Section 106a of the Uniform Per Student Funding Formula for Public Schools 2662 and Public Charter Schools Amendment Act of 1998, effective February 22, 2014 (D.C. Law 20- 2663 87; D.C. Official Code § 38-2905.01), is amended by adding a new subsection (d) to read as 2664 follows: 2665 “(d) Beginning December 31, 2023, and annually thereafter, every local education agency 2666 that is allocated funds pursuant to this section shall provide the Office of the State 2667 Superintendent of Education with data related to expenditures of such funds consistent with 2668 reporting standards established by the Department of Education pursuant to section 202(b)(10) of 2669 the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17- 2670 9; D.C. Official Code § 38-191(b)(10)).”. 2671 125 Sec. 4056. The District of Columbia School Reform Act of 1995, approved April 26, 2672 1996 (110 Stat. 1321-107; D.C. Official Code § 38-1802.01 et seq.), is amended as follows: 2673 (a) Section 2204(c) (D.C. Official Code § 38-1802.04(c)), is amended by adding a new 2674 paragraph (23) to read as follows: 2675 “(23) School expenditures and budgets. — 2676 “(A) Beginning July 29, 2022, and annually thereafter, the Board of 2677 Trustees of each public charter school shall prepare and submit to the Public Charter School 2678 Board and OSSE, for each campus under its control, the following data: 2679 “(i) Actual expenditures for the prior school year; 2680 “(ii) The current school year’s budget; and 2681 “(iii) A draft budget for the following school year. 2682 “(B) The data submitted pursuant to subparagraph (A) of this paragraph 2683 shall conform to the common financial reporting standards established by the Department of 2684 Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2685 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)). 2686 “(C) The Public Charter School Board shall electronically publish the data 2687 it receives pursuant to subparagraph (A) of this paragraph in a uniform manner for each school 2688 by November 1 each year.”. 2689 (b) Section 2205 (D.C. Official Code § 38-1802.05) is amended by adding a new 2690 subsection (e) to read as follows: 2691 126 “(e) Open meetings. — All meetings of a Board of Trustees shall be subject to 2692 the requirements of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. 2693 Official Code § 2-571 et seq.).”. 2694 Sec. 4057. The Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. 2695 Official Code § 2-571 et seq.), is amended as follows: 2696 (a) Section 404(3) (D.C. Official Code § 2-574(3)) is amended as follows: 2697 (1) The lead-in language is amended by striking the phrase “agency, or” and 2698 inserting the phrase “agency, the board of trustees of a public charter school, or” in its place. 2699 (2) Subparagraph (C) is repealed. 2700 (b) Section 405(b) (D.C. Official Code § 2-575(b)) is amended as follows: 2701 (1) Paragraph (10) is amended by striking the semicolon and inserting the phrase 2702 “, or of public charter school personnel, where the public body is the board of trustees of a public 2703 charter school;” in its place. 2704 (2) Paragraph (11) is amended by striking the phrase “obtained from outside the 2705 government” and inserting the phrase “obtained from outside the government or public body” in 2706 its place. 2707 (3) Paragraph (13) is amended by striking the phrase “; and” and inserting a 2708 semicolon in its place. 2709 (4) Paragraph (14) is amended by striking the period and inserting a semicolon in 2710 its place. 2711 (5) New paragraphs (15) and (16) are added to read as follows: 2712 127 “(15) To discuss matters involving personally identifiable information of students; 2713 and 2714 “(16)(A) When the public body is the board of trustees for a public charter school, 2715 to meet with the staff of an eligible chartering authority, for the purpose of being evaluated by 2716 the eligible chartering authority. 2717 “(B) Subparagraph (A) of this paragraph shall not be construed to permit 2718 the board of trustees for a public charter school to close a meeting that would otherwise be open 2719 merely because the staff of an eligible charting authority is participating.”. 2720 (c) Section 406(3) (D.C. Official Code § 2-576(3)) is amended by striking the phrase 2721 “subsection, notice” and inserting the phrase “subsection, except for meetings of boards of 2722 trustees for public charter schools, notice” in its place. 2723 (d) Section 408(b)(1) (D.C. Official Code § 2-578(b)(1)) is amended by striking the 2724 period and inserting the phrase “, or in the case of a board of trustees for a public charter school, 2725 no later than 30 business days after the meeting.”. 2726 SUBTITLE G. HEALTHY SCHOOLS FUND RESTORATION 2727 Sec. 4061. Short title. 2728 This subtitle may be cited as the “Healthy Schools Fund Restoration Congressional 2729 Review Emergency Amendment Act of 2020”. 2730 Sec. 4062. Section 102(f) of the Healthy Schools Act of 2010, effective July 27, 2010 2731 (D.C. Law 18-209; D.C. Official Code § 38-821.02(f)), is amended by striking the 2732 phrase “Beginning on October 1, 2019, an amount of $5,110,000” and inserting 2733 the phrase “Beginning on October 1, 2020, an amount of $5,590,000” in its place. 2734 128 SUBTITLE H. WILKINSON SCHOOL DISPOSITION PROCESS 2735 Sec. 4071. Short title. 2736 This subtitle may be cited as the “Wilkinson School Disposition Process Congressional 2737 Review Emergency Amendment Act of 2020”. 2738 Sec. 4072. Section 2209(b)(1) of the District of Columbia School Reform Act of 1995, 2739 approved April 26, 1996 (110 Stat. 1321-125; D.C. Official Code § 38-1802.09(b)(1)), is 2740 amended by adding a new subparagraph (B-ii) to read as follows: 2741 “(B-ii) Notwithstanding subparagraph (A) of this paragraph, the Mayor 2742 may give the right of first offer to purchase, lease, or otherwise use the former Wilkinson 2743 Elementary School building to: 2744 “(I) A charter school facility incubator that leased the former 2745 Birney Elementary School Building as of October 1, 2020; or 2746 “(II) A public charter school that occupied all, or a portion of, the 2747 former Birney Elementary School building as of October 1, 2020.”. 2748 2749 Sec. 4073. Section 1 of An Act Authorizing the sale of certain real estate in the District of 2750 Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. 2751 Official Code § 10-801), is amended as follows: 2752 (a) Subsection (a)(1) is amended by striking the number “20” and inserting the number 2753 “15” in its place. 2754 (b) A new subsection (b-6) is added to read as follows: 2755 129 “(b-6)(1) Notwithstanding subsections (a-1)(4) and (b-2) of this section, for the 2756 disposition of the former Wilkinson Elementary School in Ward 8 (“Wilkinson real property”), 2757 the Mayor shall hold at least one public hearing on the finding that the Wilkinson real property is 2758 no longer required for public purposes and to obtain community input on the proposed 2759 disposition of the Wilkinson real property before submitting the proposed surplus resolution and 2760 proposed disposition resolution to the Council pursuant to this section. 2761 “(2) The hearing required by paragraph (1) of this subsection shall be held at an 2762 accessible evening or weekend time and in an accessible location in the vicinity of the Wilkinson 2763 real property. The Mayor shall provide at least 30 days written notice of the hearing to the 2764 affected Advisory Neighborhood Commission and publish notice of the hearing in the District of 2765 Columbia Register at least 15 days before the hearing.”. 2766 SUBTITLE I. ACADEMIC MIDDLE MENTORING INITIATIVE 2767 Sec. 4081. Short title. 2768 This subtitle may be cited as the “Academic Middle Mentoring Initiative Congressional 2769 Review Emergency Act of 2020”. 2770 Sec. 4082. In Fiscal Year 2021, the Office of the State Superintendent of Education shall 2771 award, on a competitive basis, a grant of $200,000 to support a mentoring program that mentors 2772 low-income high school students and low-income, first generation college students in the 2773 academic middle, who are enrolled in or who graduated from a District public or public charter 2774 school, to provide the students with the skills and experiences needed to successfully complete 2775 college and excel in the workforce. 2776 2777 130 SUBTITLE J. TRUANCY PREVENTION AND LITERACY PILOT FUNDING 2778 EXTENSION 2779 Sec. 4091. Short title. 2780 This subtitle may be cited as the “Truancy Prevention and Literacy Pilot Funding 2781 Extension Congressional Review Emergency Amendment Act of 2020”. 2782 Sec. 4092. Section 403(g) of the Community Schools Incentive Act of 2012, effective 2783 June 19, 2012 (D.C. Law 19-142; D.C. Official Code § 38-754.03(g)), is amended by adding a 2784 new paragraph (4) to read as follows: 2785 “(4) Any funds awarded pursuant to paragraph (1) of this subsection but not 2786 expended in Fiscal Year 2020 shall be available to the grant recipients until September 30, 2787 2021.”. 2788 SUBTITLE K. DCPS AUTHORITY FOR SCHOOL SECURITY 2789 Sec. 4101. This subtitle may be cited as the “DCPS Authority for School Security 2790 Congressional Review Emergency Amendment Act of 2020”. 2791 Sec. 4102. The School Safety and Security Contracting Procedures Act of 2004, effective 2792 April 13, 2005 (D.C. Law 15-350; D.C. Official Code § 5-132.01 et seq.), is amended as follows: 2793 (a) Section 101 (D.C. Official Code § 5-132.01) is amended as follows: 2794 (1) A new paragraph (1B) is added to read as follows: 2795 “(1B) “MOA” means the Memorandum of Agreement into which DCPS and 2796 MPD enter pursuant to section 104.”. 2797 (2) Paragraph (4) is repealed. 2798 (3) Paragraph (5) is amended to read as follows: 2799 131 “(5) “School security personnel” means individuals, including unarmed security 2800 guards, that DCPS hires or contracts to support safety in DCPS schools.”. 2801 (4) A new paragraph (5A) is added to read as follows: 2802 “(5A) “Security-related contract” means any contract to provide physical or 2803 personal security services, including school security personnel, at DCPS schools.”. 2804 (5) Paragraph (6) is repealed. 2805 (b) Section 102 (D.C. Official Code § 5-132.02) is amended as follows: 2806 (1) Subsection (a) is amended by striking the phrase “security for the District of 2807 Columbia Public Schools” and inserting the phrase “school resource officers to the DCPS 2808 schools and public charter schools” in its place. 2809 (2) Subsection (c) is amended to read as follows: 2810 “(c) The School Safety Division shall: 2811 “(1) Hire and train school resource officers; 2812 “(2) Deploy school resource officers to: 2813 “(A) DCPS schools, consistent with the terms of the MOA; and 2814 “(B) Public charter schools; 2815 “(3) Coordinate with DCPS and public charter schools regarding the use and 2816 sharing of resources and communications between MPD and school-specific safety teams; and 2817 “(4) Provide recommendations to the Mayor, Council, and the DCPS Chancellor 2818 regarding the impact of school closings, consolidations, grade reconfigurations, use of swing 2819 space during school reconstruction, and gang and crew violence on the safety and well-being of 2820 children.”. 2821 132 (c) Section 103 (D.C. Official Code § 5-132.03) is amended as follows: 2822 (1) The section heading is amended by striking the phrase “security personnel” 2823 and inserting the phrase “resource officers” in its place. 2824 (2) The lead-in language is amended by striking the phrase “security personnel 2825 providing security for DCPS” and inserting the phrase “resource officers” in its place. 2826 (3) Paragraph (7) is amended by striking the phrase “laws and regulations, 2827 including Board of Education regulations” and inserting the phrase “laws and regulations” in its 2828 place. 2829 (4) Paragraph (8) is amended by striking the phrase “security personnel” and 2830 inserting the phrase “resource officers” in its place. 2831 (d) New sections 103a and 103b are added to read as follows: 2832 “Sec. 103a. DCPS responsibilities for school security. 2833 “(a) By October 1, 2020, DCPS shall be responsible for school security personnel within 2834 DCPS schools, and shall: 2835 “(1) Oversee the hiring or contracting of school security personnel for DCPS; 2836 “(2) Deploy school security personnel to DCPS schools; 2837 “(3) Provide oversight over school security personnel and be responsible for 2838 administering all disciplinary actions related to school security personnel, including termination; 2839 “(4) Execute, approve, administer, monitor, and provide oversight over any 2840 security-related contract for school security personnel; and 2841 133 “(5) Create and implement school building security and emergency operations 2842 plans, in consultation with MPD and the Homeland Security and Emergency Management 2843 Agency. 2844 “Sec. 103b. Training for school security personnel. 2845 “(a) For the school year beginning in 2020, DCPS may use the training curriculum 2846 adopted by MPD pursuant to section 103 to train its school security personnel. 2847 “(b) By the start of the school year beginning in 2021, DCPS shall adopt a school security 2848 personnel training curriculum based on the positive youth development philosophy. The 2849 curriculum shall focus on training supervisory and on-site personnel to provide security services 2850 responsive and appropriate to the student, staff, and family populations at each school building. 2851 At a minimum, the curriculum shall include training in the following areas, developed with 2852 advice from appropriate other District agencies: 2853 “(1) Child and adolescent development; 2854 “(2) Effective communication skills; 2855 “(3) Behavior management; 2856 “(4) Conflict resolution, including restorative justice practices; 2857 “(5) De-escalation techniques; 2858 “(6) Behavioral health issues for youth and families; 2859 “(7) Child sexual abuse and gender-based violence prevention, identification, and 2860 response; 2861 “(8) Availability of social services for youth; 2862 “(9) District of Columbia laws and regulations; 2863 134 “(10) Constitutional standards for searches and seizures conducted by school 2864 security personnel on school grounds; and 2865 “(11) Violence prevention, including gang and crew dynamics.”. 2866 (e) Section 104 (D.C. Official Code § 5-132.04) is amended to read as follows: 2867 “Sec. 104. Coordination of school security efforts between DCPS and MPD. 2868 “By October 1, 2020, DCPS and MPD shall enter into a MOA for the purpose of 2869 coordinating the agencies’ respective security obligations at DCPS schools. The MOA shall: 2870 “(1) Reflect DCPS’s role as the administrator of any security-related contract; 2871 “(2) Include provisions for effectuating the transfer of any personnel, property, 2872 funds, or records necessary to transfer responsibility for any existing security-related contract 2873 from MPD to DCPS; 2874 “(3) Delineate lines of authority, supervision, and communication between MPD 2875 and DCPS, including how school resource officers deployed at each school will provide security 2876 in coordination with the school’s principal and school security personnel; provided, that during 2877 emergencies, incident command shall be consistent with the District of Columbia response plan, 2878 as defined by section 2(1A) of the District of Columbia Public Emergency Act of 1980, effective 2879 March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2301(1A)); 2880 “(4) Include a process for resolving disagreements between DCPS and MPD at all 2881 levels; and 2882 “(5) Provide for MPD advice and consultation on DCPS school building security 2883 and emergency operations plans.”. 2884 (f) Section 105 (D.C. Official Code § 5-132.05) is amended to read as follows: 2885 135 “Sec. 105. Authority to issue RFPs for school security-related contracts. 2886 “(a)(1) By October 1, 2020, DCPS shall be responsible for administering and funding any 2887 security-related contract effective during the 2020-2021 school year. 2888 “(2) MPD shall transfer to DCPS all personnel, property, funds, or records 2889 necessary for DCPS to administer and fund any security-related contract effective during the 2890 2020-2021 school year. 2891 “(b) Responsibility for the issuance of a Request for Proposals (“RFP”) for any security- 2892 related contract for DCPS for a contract term to begin June 30, 2021, or later shall transfer from 2893 the MPD to DCPS as of August 5, 2020. DCPS shall be responsible for awarding, executing, 2894 administering, and funding a contract resulting from an RFP issued under this subsection.”. 2895 TITLE V. HUMAN SUPPORT SERVICES 2896 SUBTITLE A. MEDICAID HOSPITAL SUPPLEMENTAL AND DIRECTED 2897 PAYMENTS 2898 Sec. 5001. Short title. 2899 This subtitle may be cited as the “Medicaid Hospital Supplemental and Directed 2900 Payments Congressional Review Emergency Amendment Act of 2020”. 2901 Sec. 5002. The Medicaid Hospital Outpatient Supplemental Payment Act of 2017, 2902 effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.01 et seq.), is 2903 amended as follows: 2904 (a) Section 5062(5) (D.C. Official Code § 44-664.01(5)) is amended by striking the 2905 phrase “September 30 of the period 3 fiscal years prior to the fiscal year the fee is assessed” and 2906 inserting the phrase “September 30, 2018” in its place. 2907 136 (b) Section 5063(c)(1) (D.C. Official Code § 44-664.02(c)(1)) is amended by striking the 2908 semicolon and inserting the phrase “, either directly or through payments to managed care 2909 organizations;” in its place. 2910 (c) Section 5064(a)(1) and (2) (D.C. Official Code § 44-664.03(a)(1) and (2)) is amended 2911 to read as follows: 2912 “(1) An amount equal to the non-federal share of the total available spending 2913 room under the outpatient Medicaid upper payment limit for private hospitals applicable to 2914 District Fiscal Year 2020, consistent with requirements and approvals from the United States 2915 Department of Health and Human Services, Centers for Medicare and Medicaid Services; plus 2916 “(2) An amount equal to the non-federal share of the total available spending 2917 room under the outpatient Medicaid upper payment limit for District operated hospitals 2918 applicable to District Fiscal Year 2020, consistent with the federal approval of the authorizing 2919 Medicaid State Plan amendment or associated templates and other authorities; plus”. 2920 (d) Section 5065(a) (D.C. Official Code § 44-664.04(a)) is amended by striking the 2921 phrase “the Centers for Medicare and Medicaid Services approves the Medicaid State Plan 2922 amendment” and inserting the phrase “the District obtains approvals required by the Centers for 2923 Medicare and Medicaid Services for” in its place. 2924 (e) Section 5066 (D.C. Official Code § 44-664.05) is amended to read as follows: 2925 “Sec. 5066. Medicaid outpatient hospital access payments; payments to MCOs. 2926 “(a) For visits and services beginning October 1, 2020, the District shall pay managed 2927 care organizations (“MCOs”) at a rate sufficient to support payments to hospitals located in the 2928 District for outpatient services at a rate that is not less than 130% of the District Fiscal Year 2020 2929 137 fee-for-service base rate and shall direct MCOs to pay such rate to their participating hospitals 2930 located in the District for such services. 2931 “(b) No payment shall be made under this section until such time that the Centers for 2932 Medicare and Medicaid Services approves the Medicaid State Plan amendment, associated 2933 template, and other authorities authorizing the Medicaid payments described in this section. 2934 “(c) The Medicaid payment methodologies authorized under this section shall not be 2935 altered unless such alteration is necessary to gain approval from the Centers for Medicare and 2936 Medicaid Services.”. 2937 Sec. 5003. Section 5013(a) of the Medicaid Hospital Inpatient Rate Supplement Act of 2938 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.13(a)), is 2939 amended to read as follows: 2940 “(a)(1) Beginning October 1, 2020, and except as provided in subsection (b) of this 2941 section and section 5087, the District, through the Office of Tax and Revenue, may charge each 2942 hospital a fee based on its inpatient net patient revenue. 2943 “(2) The fee shall be charged at a uniform rate necessary to generate no more than 2944 $8,454,038 to support inpatient Medicaid Fee-for-Service and managed care rates at the District 2945 Fiscal Year 2015 level of not less than 98% of cost to non-specialty hospitals. 2946 “(3) The fee collected pursuant to this section shall be deposited in the Hospital 2947 Fund, established by section 5083.”. 2948 SUBTITLE B. MEDICAL MARIJUANA PROGRAM ADMINISTRATION 2949 Sec. 5011. Short title. 2950 138 This subtitle may be cited as the “Medical Marijuana Program Administration 2951 Congressional Review Emergency Amendment Act of 2020”. 2952 Sec. 5012. The Legalization of Marijuana for Medical Treatment Initiative of 1999, 2953 effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is 2954 amended as follows: 2955 (a) Section 2 (D.C. Official Code § 7-1671.01), is amended as follows: 2956 (1) Paragraphs (1), (1A), (1B), and (1C) are redesignated as paragraphs (1B), 2957 (1C), (1D), and (1E), respectively. 2958 (2) New paragraphs (1) and (1A) are added to read as follows: 2959 “(1) “ABC Board” means the Alcoholic Beverage Control Board.”. 2960 “(1A) “ABRA” means the Alcoholic Beverage Regulation Administration. 2961 (3) Paragraph (3)(B) is amended by striking the phrase “with the Department” and 2962 inserting the phrase “with ABRA” in its place. 2963 (4) Paragraph (5) is amended by striking the phrase “with the Mayor” and 2964 inserting the phrase “with ABRA” in its place. 2965 (5) Paragraph (6) is repealed. 2966 (6) Paragraph (7) is amended by striking the phrase “with the Mayor” and 2967 inserting the phrase “with ABRA” in its place. 2968 (7) Paragraph (19) is amended by striking the phrase “if the Department” and 2969 inserting the phrase “if ABRA” in its place. 2970 (8) Paragraph (21) is amended by striking the phrase “by the Department” and 2971 inserting the phrase “by ABRA” in its place. 2972 139 (b) Section 3 (D.C. Official Code § 7-1671.02) is amended as follows: 2973 (1) Subsection (c)(1)(B) is amended by striking the phrase “with the Mayor” and 2974 inserting the phrase “with ABRA” in its place. 2975 (2) Subsection (d) is amended by striking the phrase “with the Mayor” and 2976 inserting the phrase “with ABRA” in its place. 2977 (c) Section 5(b)(2) (D.C. Official Code § 7-1671.04(b)(2)) is amended by striking the 2978 phrase “by the Mayor” and inserting the phrase “by ABRA” in its place. 2979 (d) Section 6 (D.C. Official Code § 7-1671.05) is amended as follows: 2980 (1) The lead-in language is amended by striking the phrase “The Program shall be 2981 administered by the Mayor and shall” and inserting the phrase “The Program shall” in its place. 2982 (2) Paragraph (1)(A) is amended by striking the phrase “with the Department” and 2983 inserting the phrase “with ABRA” in its place. 2984 (3) Paragraph (4)(A) is amended as follows: 2985 (A) Subparagraph (iv) is amended by striking the phrase “by the 2986 Department” and inserting the phrase “by the ABC Board” in its place. 2987 (B) Subparagraph (v) is amended by striking the phrase “by the Mayor” 2988 and inserting the phrase “by ABRA” in its place. 2989 (4) Paragraph (5A) is amended as follows: 2990 (A) The lead-in language is amended by striking the phrase “by the 2991 Department” and inserting the phrase “by the ABC Board” in its place. 2992 (B) Subparagraph (C) is amended by striking the phrase “by the 2993 Department” and inserting the phrase “by the ABC Board” in its place. 2994 140 (5) Paragraph (5B)(D) is amended by striking the phrase “that the Department” 2995 and inserting the phrase “that ABRA” in its place. 2996 (6) Paragraph (7) is amended by striking the phrase “if the Mayor determines” 2997 and inserting the phrase “if the ABC Board determines” in its place. 2998 (7) Paragraph (10)(A) is amended by striking the phrase “apply to the Mayor” and 2999 inserting the phrase “apply to the ABC Board” in its place. 3000 (8) Paragraph (14) is amended by striking the phrase “notify the Department” and 3001 inserting the phrase “notify ABRA” in its place. 3002 (e) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows: 3003 (1) Subsection (d) is amended as follows: 3004 (A) Paragraph (1) is amended by striking the phrase “with the Mayor” and 3005 inserting the phrase “with ABRA” in its place. 3006 (B) Paragraph (3)(A) is amended by striking the phrase “determined by 3007 rulemaking” and inserting the phrase “determined by the Mayor by rules issued in accordance 3008 with section 14” in its place. 3009 (C) Paragraph (4) is amended by striking the phrase “The Mayor” and 3010 inserting the phrase “The ABC Board” in its place. 3011 (D) Paragraph (5) is amended to read as follows: 3012 “(5)(A) An application for registration of a dispensary, cultivation center, or 3013 testing laboratory submitted by a medical cannabis certified business enterprise, or applicant 3014 eligible to be a medical cannabis certified business enterprise, shall be awarded a preference 3015 point equal to 50 points or 20% of the available points, whichever is more. 3016 141 “(B) A medical cannabis certified business enterprise shall: 3017 “(i) Have one or more owners who are economically 3018 disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or 3019 cultural bias because of their identity as a member of a group without regard to their individual 3020 qualities and who are District residents and individually or collectively own at least 60% of the 3021 licensed business enterprise; 3022 “(ii) Have one or more owners whose income does not exceed 3023 $349,999, who are residents of the District, and whose net worth, excluding the value of their 3024 residence, does not exceed $1 million, and individually or collectively own at least 60% of the 3025 licensed business enterprise; 3026 “(iii) Have a chief executive officer and its highest-level 3027 managerial employees perform their managerial functions in a principal office located in the 3028 District; 3029 “(iv) Have at least 50% of its employees be residents of the 3030 District; 3031 “(v) Have at least 50% of its contractors be residents of the 3032 District; and 3033 “(vi) Have at least 80% of the assets of the certified business 3034 enterprise, including bank accounts, be in the District. 3035 “(C) An applicant seeking to qualify as a medical cannabis certified 3036 business enterprise shall submit with the application for registration of a dispensary, cultivation 3037 center, or testing laboratory, an affidavit attesting to: 3038 142 “(i) The number of owners of the applicant who are economically 3039 disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or 3040 cultural bias because of their identity as a member of a group without regard to their individual 3041 qualities; 3042 “(ii) The ownership interest of any owners of the applicant who are 3043 economically disadvantaged individuals or individuals who have been subjected to racial or 3044 ethnic prejudice or cultural bias because of their identity as a member of a group without regard 3045 to their individual qualities; 3046 “(iii) The number of employees of the applicant who are 3047 economically disadvantaged individuals or individuals who have been subjected to racial or 3048 ethnic prejudice or cultural bias because of their identity as a member of a group without regard to 3049 their individual qualities; and 3050 “(iv) The number of contractors of the applicant who are 3051 economically disadvantaged individuals or individuals who have been subjected to racial or 3052 ethnic prejudice or cultural bias because of their identity as a member of a group without regard 3053 to their individual qualities. 3054 “(D) For the purpose of this paragraph, the term: 3055 “(i) “Economically disadvantaged individual” shall have the same 3056 meaning as set forth in section 2302(7) of the Small and Certified Business Enterprise 3057 Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. 3058 Official Code § 2-218.02(7)). 3059 143 “(ii) “Medical cannabis certified business enterprise” means a 3060 certified business enterprise, as that term is defined in section 2302(1D) of the Small and 3061 Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 3062 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(1D)), that operates a medical cannabis 3063 business as a dispensary, cultivation center, or testing laboratory.”. 3064 (2) Subsection (e)(3) is amended by striking the phrase “that the Mayor may 3065 allow” and inserting the phrase “that the ABC Board may allow” in its place. 3066 (3) Subsection (g-2) is amended by striking the phrase “the Mayor” and inserting 3067 the phrase “the ABC Board” in its place. 3068 (4) Subsection (g-3) is amended by striking the phrase “the Mayor” and inserting 3069 the phrase “the ABC Board” in its place. 3070 (5) Subsection (j) is amended by striking the phrase “the Mayor” and inserting the 3071 phrase “the ABC Board” in its place. 3072 (f) Section 8(a) (D.C. Official Code § 7-1671.07) is amended by striking the phrase “to 3073 the Department” and inserting the phrase “to ABRA” in its place. 3074 (g) A new section 9a is added to read as follows: 3075 “Sec. 9a. Medical Cannabis Administration Fund. 3076 “(a) There is established as a special fund the Medical Cannabis Administration Fund 3077 (“Fund”), which shall be administered by ABRA in accordance with subsection (c) of this 3078 section. 3079 “(b) All funds received from medical cannabis licensing, permitting, and registration fees 3080 shall be deposited into the Fund. 3081 144 “(c) Money deposited in the Fund shall be used by ABRA for the purpose of 3082 administering the medical marijuana program. 3083 “(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund 3084 balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any 3085 other time. 3086 “(2) Subject to authorization in an approved budget and financial plan, any funds 3087 appropriated in the Fund shall be continually available without regard to fiscal year limitation. 3088 “(e) Funds received from penalties and fines imposed under section 9 shall be credited to 3089 the unassigned fund balance of the General Fund of the District of Columbia.”. 3090 (h) Section 14 (D.C. Official Code § 7-1671.13) is amended by adding a new subsection 3091 (a-1) to read as follows: 3092 “(a-1) Pursuant to the transfer of functions of the Department of Health to ABRA by D.C. 3093 Official Code § 25-204.02, the Mayor shall issue rules in accordance with subsection (b) of this 3094 section, which rules shall allow registered dispensaries to provide medical marijuana to 3095 qualifying patients through delivery, curbside pickup, and at-the-door options.”. 3096 Sec. 5013. Chapter 2 of Title 25 of the District of Columbia Official Code is amended as 3097 follows: 3098 (a) The table of contents is amended by adding a new section designation to read as 3099 follows: 3100 “25-204.02. Medical marijuana program; transfer of functions of the Department of 3101 Health.”. 3102 (b) A new section 25-204.02 is added to read as follows: 3103 145 “§ 25-204.02. Medical marijuana program; transfer of functions of the Department of 3104 Health. 3105 “(a) The Board and ABRA shall be responsible for carrying out the responsibilities 3106 assigned to them by the Legalization of Marijuana for Medical Treatment Initiative of 1999, 3107 effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.) 3108 (“Medical Marijuana Act”), and for any responsibilities of the Mayor under the Medical 3109 Marijuana Act that the Mayor delegates to the Board or ABRA. 3110 “(b)(1) Except as provided in paragraph (2) of this subsection, all personal property, 3111 assets, records, including both electronic and physical files, licensing agreements, and contracts, 3112 equipment, computer software, obligations, and unexpended balances of appropriations, 3113 allocations, assets, and liabilities, and other funds available or to be made available relating to 3114 the powers, duties, functions, operations, and administration by the Department of Health of the 3115 medical marijuana program pursuant to the Legalization of Marijuana for Medical Treatment 3116 Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7- 3117 1671.01 et seq.), as of September 30, 2020, are transferred to ABRA. 3118 “(2) This subsection shall not apply to the personal property, assets, records, 3119 including both electronic and physical files, licensing agreements, and contracts, equipment, 3120 computer software, obligations, and unexpended balances of appropriations, allocations, assets, 3121 and liabilities, and other funds available or to be made available relating to the powers, duties, 3122 functions, operations, and administration by the Department of Health of the medical marijuana 3123 program that are within the purview of the Board of Medicine, Board of Nursing, or Board of 3124 Dentistry. 3125 146 “(c) All rules, orders, obligations, determinations, contracts, agreements, and 3126 understandings of the Department of Health pertaining to the medical marijuana program shall 3127 remain in effect until such time as they may be lawfully amended, modified, or repealed. 3128 “(d) ABRA shall coordinate with the Department of Health regarding the transition of the 3129 administration of the medical marijuana program to ABRA. 3130 “(e)(1) The directors of ABRA and the Department of Health shall jointly determine 3131 which personnel, if any, of the Department of Health associated with the administration of the 3132 medical marijuana program shall be transferred from the Department of Health to ABRA. 3133 “(2) Personnel who are transferred to ABRA pursuant to this subsection shall be 3134 subject to the ABRA Director’s personnel authority, pursuant to section 406(b)(21) of the 3135 District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3136 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.06(b)(21)), including as it relates to 3137 employment classifications and pay scales.”. 3138 SUBTITLE C. STEVIE SELLOWS DIRECT SUPPORT PROFESSIONALS 3139 QUALITY IMPROVEMENTS 3140 Sec. 5021. Short title. 3141 This subtitle may be cited as the “Stevie Sellows Direct Support Professionals Quality 3142 Improvements Congressional Review Emergency Amendment Act of 2020”. 3143 Sec. 5022. Section 47-1273(a) of the District of Columbia Official Code is amended by 3144 striking the figure “5.5%” and inserting the figure “6.0%” in its place. 3145 3146 147 SUBTITLE D. MEDICAID RESERVE RE-ESTABLISHMENT 3147 Sec. 5031. Short title. 3148 This subtitle may be cited as the “Medicaid Reserve Re-Establishment Congressional 3149 Review Emergency Amendment Act of 2020”. 3150 Sec. 5032. The Department of Health Care Finance Establishment Act of 2007, effective 3151 February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.01 et seq.), is amended as 3152 follows: 3153 (a) Section 8a (D.C. Official Code § 7-771.07a), is amended by adding a new subsection 3154 (a-3) to read as follows: 3155 “(a-3) For Fiscal Year 2021, the Director may issue grants pursuant to section 3156 8b(b)(4)(B)(ii) and (iii).”. 3157 (b) A new section 8b is added to read as follows: 3158 “Sec. 8b. Medicaid reserve. 3159 “(a) Beginning October 1, 2020, a Medicaid reserve shall be re-established as paper 3160 agency of the Department. 3161 “(b) Notwithstanding D.C. Official Code §§ 47-361, 47-362, 47-363, and 47-365, funds 3162 may be transferred from the Medicaid reserve to the Department: 3163 “(1) To pay expenses associated with increased Medicaid enrollment or service 3164 utilization upon a determination by the Agency Fiscal Officer that available funds within the 3165 Department are projected to be exhausted; 3166 148 “(2) To pay expenses associated increased costs of Medicaid services upon a 3167 determination by the Agency Fiscal Officer that available funds within the Department are 3168 projected to be exhausted; 3169 “(3) To satisfy the District’s requirement that sufficient funds be available to 3170 support a Department contract or a grant; and 3171 “(4) Provided that sufficient funds are still available within the Medicaid reserve 3172 to ensure a deficiency will not occur at the Department, to support the following health 3173 innovations within the Department: 3174 “(A) To create a Medicaid Buy-In Program; 3175 “(B) To fund telehealth programs including: 3176 “(i) Maintaining audio-only telehealth programs after a public 3177 health emergency; 3178 “(ii) Funding the Postpartum Coverage Expansion Act of 2020, 3179 passed on 2nd reading on July 21, 2020 (Enrolled version of Bill 23-326); and 3180 “(iii) Issuing contracts or grants for the purposes of expanding 3181 District health care providers’ digital or telehealth capacity, including, for example, such 3182 innovations as the creation or expansion of patient care coordination platforms to enable 3183 nonprofit entities and practitioners to communicate with Medicaid beneficiaries’ clinical and 3184 recovery support care teams in real time to improve continuity of care and ensure proper follow- 3185 up, including the purchase of telecommunications services, information services, devices, 3186 software, remote patient monitoring tools, and digital health tools; 3187 “(C) To fund reforms to the DC Healthcare Alliance Program, including: 3188 149 “(i) Allowing eligible District residents to submit Alliance 3189 applications electronically, without a face-to-face interview with the Department of Human 3190 Services, during a public health emergency; 3191 “(ii) Allowing Alliance clients to submit recertification 3192 applications to health care providers approved by the Department, without a face-to-face 3193 interview with the Department of Human Services, after a public health emergency; 3194 “(iii) Extending the Alliance eligibility period from 6 months to 3195 one year; and 3196 “(D) To award a competitive grant in an amount not to exceed $150,000 to 3197 fund operating expenses associated with the provision of medical respite care services to 3198 individuals who are homeless. 3199 “(c) The Office of the Chief Financial Officer shall notify the Budget Director of the 3200 Council of the District of Columbia in writing within 3 business days whenever a transfer is 3201 made from the Medicaid reserve pursuant to this section. The notice shall set forth the amount 3202 and purpose of the transfer. 3203 “(d) Funds may be reprogrammed from the Medicaid reserve for purposes other than 3204 those detailed in subsection (b) of this section, subject to subchapter IV of Chapter 3 of Title 47 3205 of the District of Columbia Official Code; provided, that the Office of the Chief Financial 3206 Officer determines that sufficient funds are still available within the Medicaid reserve to ensure a 3207 deficiency will not occur at the Department.”. 3208 3209 150 SUBTITLE E. TELEHEALTH REIMBURSEMENT 3210 Sec. 5041. Short title. 3211 This subtitle may be cited as the “Telehealth Reimbursement Congressional Review 3212 Emergency Amendment Act of 2020”. 3213 Sec. 5042. Section 2(4) of the Telehealth Reimbursement Act of 2013, effective October 3214 17, 2013 (D.C. Law 20-26; D.C. Official Code § 31-3861(4)), is amended by striking the phrase 3215 “through audio only telephones, electronic mail messages, or facsimile” and inserting the phrase 3216 “through email messages or facsimile” in its place. 3217 SUBTITLE F. HEALTH PROFESSIONAL RECRUITMENT AND RETENTION 3218 Sec. 5051. Short title. 3219 This subtitle may be cited as the “District of Columbia Health Professional Recruitment 3220 and Retention Congressional Review Emergency Amendment Act of 2020”. 3221 Sec. 5052. The District of Columbia Health Professional Recruitment Program Act of 3222 2005, effective March 8, 2006 (D.C. Law 16-71; D.C. Official Code § 7-751.01 et seq.), is 3223 amended as follows: 3224 (a) Section 3 (D.C. Official Code § 7-751.02) is amended as follows: 3225 (1) Subsection (a) is amended by striking the phrase “recruitment tool” and 3226 inserting the phrase “recruitment and retention tool” in its place. 3227 (2) Subsection (b) is amended to read as follows: 3228 “(b) Based on the availability of funds, the Program will pay for, among other expenses, 3229 the cost of education necessary to obtain a health professional degree. The Program will pay 3230 151 toward the outstanding principal, interest, and related expense of federal, state, or local 3231 government loans and commercial loans obtained by the participant for: 3232 “(1) School tuition and required fees incurred by the participant; 3233 “(2) Reasonable educational expenses; and 3234 “(3) Incentive payments that lead to the retention of existing Program participants 3235 to practice in Ward 7 or 8; provided, that retention incentives shall be limited to $15,000 per 3236 participant per year.”. 3237 (b) Section 9 (D.C. Official Code § 7-751.08), is amended by adding a new subsection (a- 3238 1) to read as follows: 3239 “(a-1) Physicians who specialize and practice in obstetrics and gynecology, psychiatry, or 3240 other medical specialties specifically identified by the Director shall be eligible to have 100% of 3241 their total debt, not to exceed $200,000, repaid by the Program over 4 years of service; provided, 3242 that the participants provide full-time service in Ward 7 or 8. For each year of participation, the 3243 Program will repay loan amounts according to the following schedule: 3244 “(1) For the first year of service, 18% of their total debt, not to exceed $36,000; 3245 “(2) For the second year of service, 26% of their total debt, not to exceed $52,000; 3246 “(3) For the third year of service, 28% of their total debt, not to exceed $56,000; 3247 and 3248 “(4) For the fourth year of service, 28% of their total debt, not to exceed 3249 $56,000.”. 3250 (c) Section 16a (D.C. Official Code § 7-751.15a) is amended as follows: 3251 152 (1) Subsection (a) is amended by striking the phrase “loan repayments” and 3252 inserting the phrase “loan repayments and retention incentives” in its place. 3253 (2) A new subsection (d) is added to read as follows: 3254 “(d) The Department of Health shall segregate the $1.5 million local funds enhancement 3255 provided in the Fiscal Year 2021 budget into a separate subaccount, which shall only be 3256 expended for: 3257 “(1) Section 3(b)(3); or 3258 “(2) Section 9(a-1).”. 3259 SUBTITLE G. HEALTH CARE GRANT-MAKING AUTHORITY 3260 Sec. 5061. Short title. 3261 This subtitle may be cited as the “Fiscal Year 2021 Health Care Grant-Making Authority 3262 Congressional Review Emergency Amendment Act of 2020”. 3263 Sec. 5062. Section 4907a of the Department of Health Functions Clarification Act of 3264 2001, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code § 7-736.01), is amended 3265 by adding a new subsection (l) to read as follows: 3266 “(l)(1) For Fiscal Year 2021, the Director of the Department of Health shall have the 3267 authority to award one or more competitive grants in an amount not to exceed $250,000 to fund 3268 an initiative to connect prenatal care for residents in Wards 7 and 8 to labor and delivery options 3269 in other parts of the District. 3270 “(2) In establishing the criteria for the award of grants pursuant to paragraph (1) 3271 of this subsection, the Department shall prioritize community-based initiatives that: 3272 “(A) Offer peer support networks; 3273 153 “(B) Provide co-management of the patient’s treatment; 3274 “(C) Arrange for access to maternal and fetal medicine specialty services; 3275 “(D) Utilize a health information exchange; and 3276 “(E) Furnish financial assistance with transportation needs.”. 3277 3278 Sec. 5063. Section 8a of the Department of Health Care Finance Establishment Act of 3279 2007, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 7-771.07a), is 3280 amended by adding a new subsection (a-4) to read as follows: 3281 “(a-4) For Fiscal Year 2021, the Director may: 3282 “(1)(A) Award a competitive grant in an amount not to exceed $150,000 to fund 3283 operating expenses associated with the provision of medical respite care services to individuals 3284 who are homeless; provided, that if such a grant is awarded to a Federally Qualified Health 3285 Center (“FQHC”), the amount of the grant shall not be offset against the FQHC’s expenses for 3286 the purpose of determining its allowable cost in accordance with section 4511.2 of Title 29 of the 3287 District of Columbia Municipal Regulations (29 DCMR § 4511.2). 3288 “(B) At a minimum, the selected entity shall possess: 3289 “(i) The staff capacity and expertise necessary to provide medical 3290 respite care, with a particular emphasis on care for women who are homeless; and 3291 “(ii) The ability to provide case management services, including 3292 assistance in accessing permanent housing services. 3293 “(2) If a grant is awarded, then by September 30, 2021, the Director shall submit a 3294 report to the Council that sets forth: 3295 154 “(A) Recommendations for the establishment of medical respite care 3296 services for homeless individuals, through either: 3297 “(i) An amendment to the District of Columbia Medicaid State 3298 Plan; or 3299 “(ii) A waiver pursuant to section 1115 of the Social Security Act, 3300 approved July 25, 1962 (76 Stat. 192; 42 U.S.C. § 1315), for home and community-based 3301 services; 3302 “(B) The types of services that may be offered to homeless individuals 3303 through a medical care respite program; and 3304 “(C) An identification of any potential restrictions on the provision of 3305 services identified pursuant to sub-subparagraph (ii) of this subparagraph, including the use of 3306 prior authorization.”. 3307 TITLE VI. OPERATIONS AND INFRASTRUCTURE 3308 SUBTITLE A. OPPORTUNITY ACCOUNTS 3309 Sec. 6001. Short title. 3310 This subtitle may be cited as the “Opportunity Accounts Expansion Congressional 3311 Review Emergency Amendment Act of 2020”. 3312 Sec. 6002. The Opportunity Accounts Act of 2000, effective April 3, 2001 (D.C. Law 13- 3313 266; D.C. Official Code § 1-307.61 et seq.), is amended as follows: 3314 (a) Section 2 (D.C. Official Code § 1-307.61) is amended by adding a new paragraph 3315 (2A) to read as follows: 3316 155 “(2A) “Commissioner” means the Commissioner of the Department of Insurance, 3317 Securities, and Banking.”. 3318 (b) Section 8(b) (D.C. Official Code § 1-307.67(b)) is amended as follows: 3319 (1) Paragraph (1) is amended by striking the phrase “; and” and inserting a 3320 semicolon in its place. 3321 (2) Paragraph (2) is amended by striking the phrase “per account.” and inserting 3322 the phrase “per account, except as provided in paragraph (3) of this subsection; and” in its place. 3323 (3) A new paragraph (3) is added to read as follows: 3324 “(3) The Commissioner may waive the requirement in subsection (a) of this 3325 section and may provide matching funds of up to $4 for every dollar the account holder deposits 3326 into the opportunity account when adequate federal or private matching funds are not available. 3327 For each additional dollar of matching funds that the District provides to an opportunity account 3328 pursuant to such a waiver, the aggregate matching funds limit set forth in paragraph (2) of this 3329 subsection for that account shall be increased by $1.”. 3330 (c) Section 9(a) (D.C. Official Code § 1-307.68(a)) is amended as follows: 3331 (1) Paragraph (6) is repealed. 3332 (2) Paragraph (8) is amended by striking the period at the end and inserting the 3333 phrase “; and” in its place. 3334 (3) A new paragraph (9) is added to read as follows: 3335 “(9) To pay for any cost, expense, or item authorized by a rule issued pursuant to 3336 section 14.”. 3337 (d) Section 10 (D.C. Official Code § 1-307.69) is amended as follows: 3338 156 (1) Subsection (b) is amended as follows: 3339 (i) Paragraph (2) is amended by striking the phrase “; or” and inserting a 3340 semicolon in its place. 3341 (ii) Paragraph (3) is amended by striking the period and inserting the 3342 phrase “; and” in its place. 3343 (iii) A new paragraph (4) is added to read as follows: 3344 “(4) Making health insurance premium payments in the event of a sudden, 3345 unexpected loss of income.”. 3346 (2) Subsection (c) is repealed. 3347 (3) New subsections (c-1), (c-2), and (c-3) are added to read as follows: 3348 “(c-1) If an account holder makes an emergency withdrawal for the purposes set forth at 3349 subsection (b)(2) or (3) of this section, the account holder shall withdraw only funds deposited 3350 by the account holder and shall not withdraw matching funds. 3351 “(c-2) If an account holder makes an emergency withdrawal for the purposes set forth at 3352 subsection (b)(1) of this section, the account holder shall withdraw only funds deposited by the 3353 account holder and shall not withdraw matching funds, unless the withdrawal is for a medical 3354 emergency. 3355 “(c-3) If an account holder makes an emergency withdrawal for the purposes set forth at 3356 subsection (b)(4) of this section, the account holder may withdraw funds deposited by the 3357 account holder and matching funds.”. 3358 (4) The lead-in language of subsection (e) is amended to read as follows: 3359 157 “An account holder shall not be required to repay funds withdrawn from the opportunity 3360 account for an emergency withdrawal but shall resume making deposits into the opportunity 3361 account no later than 90 days after the emergency withdrawal. If the account holder fails to make 3362 a deposit no later than 90 days after the emergency withdrawal:”. 3363 Sec. 6003. Repealer. 3364 Section 301 of the Coronavirus Support Temporary Amendment Act of 2020, enacted on 3365 July 7, 2020 (D.C. Act 23-334; 67 DCR 8622), is repealed. 3366 SUBTITLE B. GREEN BUILDING FUND USE EXPANSION 3367 Sec. 6011. Short title. 3368 This subtitle may be cited as the “Green Building Fund Use Expansion Congressional 3369 Review Emergency Amendment Act of 2020”. 3370 Sec. 6012. Section 8(c)(2) of the Green Building Act of 2006, effective March 8, 2007 3371 (D.C. Law 16-234; D.C. Official Code § 6-1451.07(c)(2)), is amended as follows: 3372 (a) Subparagraph (D) is amended by striking the phrase “; and” and inserting a semicolon 3373 in its place. 3374 (b) Subparagraph (E) is amended by striking the period and inserting the phrase “; and” 3375 in its place. 3376 (c) A new subparagraph (F) is added to read as follows: 3377 “(F) Costs incurred to make green building materials accessible to low- 3378 income residents.”. 3379 3380 158 SUBTITLE C. GAME OF SKILL MACHINES 3381 Sec. 6021. Short title. 3382 This subtitle may be cited as the “Game of Skill Machines Consumer Protection 3383 Congressional Review Emergency Amendment Act of 2020”. 3384 Sec. 6022. The Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles 3385 for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3-172; 3386 D.C. Official Code §§ 22-1716 to 22-1718 and 36-601.01 et seq.), is amended as follows: 3387 (a) Section 3 (D.C. Official Code § 22-1716) is amended by striking the phrase “Monte 3388 Carlo night parties,” and inserting the phrase “Monte Carlo night parties, game of skill 3389 machines,” in its place. 3390 (b) Section 3 (D.C. Official Code § 22-1717) is amended by striking the phrase “or sports 3391 wagering regulated, licensed, or operated by the Office of Lottery and Gaming.” and inserting 3392 the phrase “sports wagering regulated, licensed, or operated by the Office of Lottery and 3393 Gaming, or game of skill machines licensed and regulated by the Office of Lottery and Gaming.” 3394 in its place. 3395 (c) Section 3(a) (D.C. Official Code § 22-1718(a)) is amended by striking the phrase “or 3396 the sale, lease, purchase, or possession of tickets, slips, certificates, or cards for sports wagering 3397 excepted and permissible pursuant to § 22-1717.” and inserting the phrase “the sale, lease, 3398 purchase, or possession of tickets, slips, certificates, or cards for sports wagering excepted and 3399 permissible pursuant to § 22-1717, or the manufacture, distribution, servicing, retailing, sale, 3400 lease, purchase, or possession of machines, tickets, slips, certificates, or cards for game of skill 3401 machines excepted and permissible pursuant to § 22-1717.” in its place. 3402 159 (d) Section 4 (D.C. Official Code § 36-601.12) is amended as follows: 3403 (1) The section heading is amended to read as follows: 3404 “Sec. 4. Lottery, Gambling, and Gaming Fund.”. 3405 (2) Subsection (a) is amended to read as follows: 3406 “(a) There is established as an enterprise fund the Lottery, Gambling, and Gaming Fund 3407 (“Fund”), which shall be administered by the Chief Financial Officer. Revenue from the 3408 following sources shall be deposited into the Fund or a division of the Fund, as established by the 3409 Chief Financial Officer: 3410 “(1) All funds generated by gambling activities operated or licensed by the Chief 3411 Financial Officer; and 3412 “(2) All fees collected pursuant to sections 406 through 409.”. 3413 (3) Subsection (c) is amended by striking the word “gambling” and inserting the 3414 phrase “gambling and gaming” in its place. 3415 (e) A new Title IV is added to read as follows: 3416 “TITLE IV. GAME OF SKILL MACHINES. 3417 “Sec. 401. Definitions 3418 “For purposes of this title, the term: 3419 “(1) “ABC Board” means the Alcoholic Beverage Control Board. 3420 “(2) “ABRA” means the Alcoholic Beverage Regulation Administration. 3421 “(3) “CFO” means the Chief Financial Officer of the District of Columbia. 3422 “(4) “Centralized accounting system” and “CAS” mean the accounting system 3423 linked by a communications network as described in sections 410 and 414. 3424 160 “(5) “Distributor” means a person licensed under this title to buy, sell, lease, 3425 maintain, or service game of skill machines, or any major components or parts of a game of skill 3426 machine, for distribution to retailers. 3427 “(6) “Game of skill machine” means a mechanical or electronic gaming device 3428 that rewards the winning player or players with cash, a gift card, or a voucher that can be 3429 redeemed for cash. The term “game of skill machine” does not include a mechanical or 3430 electronic gaming device if: 3431 “(A) The ability of a player to succeed at the game is impacted by the 3432 number or ratio of prior wins to prior losses of players playing the game; 3433 “(B) The outcome of the game can be controlled by a source other than a 3434 player playing the game; 3435 “(C) The success of a player is or may be determined by a chance event 3436 that cannot be altered by the player’s actions; 3437 “(D) The ability of a player to succeed at the game is impacted by game 3438 features not visible or known to a reasonable player; or 3439 “(E) The ability of a player to succeed at the game is impacted by the 3440 exercise of skill that no reasonable player could exercise. 3441 “(7) “Gross game of skill machine revenue” means the total of cash or cash 3442 equivalents received from a game of skill machine minus the total of: 3443 “(A) Cash or cash equivalents paid to players as a result of a game of skill 3444 machine; 3445 161 “(B) Cash or cash equivalents paid to purchase annuities to fund prizes 3446 payable to players over a period of time as a result of a game of skill machine; and 3447 “(C) The actual cost paid by the license holder for personal property 3448 distributed to a player as a result of a game of skill machine, excluding travel expenses, food, 3449 refreshments, lodging, and services. 3450 “(8) “Licensed establishment” means an on-premises retail establishment licensed 3451 by the ABC Board to sell, serve, and allow for the consumption of alcoholic beverages. 3452 “(9) “Licensed premises” means the physical location of a licensed establishment 3453 that is authorized by the Office to offer game of skill machines. 3454 “(10) “Licensee” means a person who possesses a game of skill manufacturer, 3455 distributor, supplier, or retailer license issued by the Office. 3456 “(11) “Manufacturer” means a person that is licensed under this title and that 3457 manufactures or assembles game of skill machines for sale or lease to distributors. 3458 “(12) “Office” means the Office of Lottery and Gaming. 3459 “(13) “Retailer” means a person that is licensed under this title to offer game of 3460 skill machines on its licensed premises. 3461 “(14) “Supplier” means a person that is licensed under this title to supply major 3462 components or parts of game of skill machines to licensed manufacturers or distributors. 3463 “Sec. 402. Authorization of game of skill machines. 3464 “The operation of game of skill machines shall be lawful in the District if conducted in 3465 accordance with this title and the rules issued pursuant to this title. 3466 “Sec. 403. Game of skill machine license requirements; prohibition. 3467 162 “(a) Except as provided in subsection (f) of this section, no person may offer or allow a 3468 game of skill machine in the District unless all the licenses required by this title, or by a rule 3469 issued pursuant to this title, have been duly obtained. 3470 “(b)(1) The Office shall issue the following categories of game of skill machine licenses: 3471 “(A) Manufacturer; 3472 “(B) Distributor; 3473 “(C) Supplier; and 3474 “(D) Retailer. 3475 “(2) The Office shall not grant a license listed in paragraph (1) of this subsection 3476 until it has determined that each person that possesses 10% or greater beneficial or proprietary 3477 interest in the applicant has been approved for licensure in accordance with this title and rules 3478 issued pursuant to this title. 3479 “(c)(1) An applicant for an initial manufacturer, distributor, or supplier license shall be 3480 subject to District and national criminal history background checks. 3481 “(2) The applicant shall submit an application to the Office, in a form determined 3482 by the Office, for fingerprints for a national criminal records check by the Metropolitan Police 3483 Department and the Federal Bureau of Investigation of all individuals required to be named in 3484 the application and a signed authorization of each individual submitting fingerprints for the 3485 release of information by the Metropolitan Police Department and the Federal Bureau of 3486 Investigation. 3487 “(3) In the case of an application for license renewal, the Office may require 3488 additional background checks. 3489 163 “(d) The Office shall require proof of good standing pursuant to D.C. Official Code § 29- 3490 102.08 of an applicant for a license pursuant to this title and may, in addition, require 3491 certification that the Citywide Clean Hands Database indicates that the proposed licensee is 3492 current with its District taxes. 3493 “(e) Proprietary information, trade secrets, financial information, and personal 3494 information about a person in an application submitted to the Office pursuant to this title shall 3495 not be a public record and shall not be made available under the Freedom of Information Act of 3496 1976, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.), or any 3497 other law. 3498 “(f)(1) A retailer shall display its license as required by section 411(d) and shall make the 3499 license immediately available for inspection upon request by an employee of the Office, the 3500 Metropolitan Police Department, or ABRA. 3501 “(2) When present at a licensed establishment, an employee of a distributor shall 3502 carry a copy of its license and make it readily available for inspection by an employee of the 3503 Office, the Metropolitan Police Department, or ABRA. 3504 “(g) A licensed establishment that applied for and obtained a game of skill machine 3505 endorsement from the ABC Board pursuant to D.C. Official Code § 25-113.01(e) prior to the 3506 effective date of the Game of Skill Machines Consumer Protection Act of 2020, passed on 2nd 3507 reading on July 28, 2020 (Enrolled version of Bill 23-760) (“Act”), shall have 180 calendar days 3508 after the effective date of the Act to come into compliance with this title or rules issued pursuant 3509 to this title. Failure to do so may result in the Office taking action against the licensed 3510 establishment in accordance with section 417. 3511 164 “Sec. 404. License prohibitions; suspensions and revocation of licenses. 3512 “(a) An applicant convicted of a disqualifying offense shall not be licensed. The Office 3513 shall define disqualifying offenses by a rule issued pursuant to this title. 3514 “(b) No Office or ABRA employee, or immediate family member of an Office or ABRA 3515 employee, may be an applicant for, have an interest in, or obtain a license issued pursuant to this 3516 title. 3517 “(c) Failure of an applicant or licensee to notify the Office of a change to the information 3518 provided in its application for license or renewal within 10 days after the change may result in 3519 the Office suspending or revoking the licensee’s license, denying the applicant’s license, or 3520 issuing a fine. 3521 “(d)(1) The Office shall not grant a license pursuant to this title, and shall revoke a 3522 license previously granted, if evidence satisfactory to the Office exists that the applicant or 3523 licensee has: 3524 “(A) Knowingly made a false statement of a material fact to the Office; 3525 “(B) Had a license revoked by a governmental authority responsible for 3526 regulation of games of skill; 3527 “(C) Been convicted of a felony and has not received a pardon or been 3528 released from parole or probation for at least 5 years; or 3529 “(D) Been convicted of a gambling-related offense or a theft or fraud 3530 offense. 3531 “(2) The Office may deny a license to an applicant or suspend or revoke a license 3532 of a licensee if the applicant or licensee: 3533 165 “(A) Has not demonstrated, to the satisfaction of the Office, financial 3534 responsibility sufficient to adequately meet the requirement of the proposed activity; 3535 “(B) Is not the true owner of the licensed business or has not disclosed the 3536 existence or identity of another individual or entity that has an ownership interest in the business; 3537 or 3538 “(C) Is a corporation that sells more than 5% of a licensee’s voting stock, 3539 more than 5% of the voting stock of a corporation that controls the licensee, or sells a licensee’s 3540 assets to an individual or entity not already determined by the Office to have met the 3541 qualifications of a licensee pursuant to this title, or is a non-corporate entity where a person not 3542 already determined by the Office to have met the qualifications of a licensee pursuant to this title 3543 holds more than 10% interest in the non-corporate entity. 3544 “Sec. 405. Conflicts of interest. 3545 “(a) Before issuing, authorizing the transfer to a new owner of, or renewing a license, the 3546 Office shall determine that the applicant is not disqualified because of a conflicting interest in 3547 another license. 3548 “(b) In making a determination regarding a conflicting interest, the following standards 3549 shall apply: 3550 “(1) No licensee under a supplier’s license shall hold a license in another license 3551 issued under this title. 3552 “(2) No licensee under a distributor’s license shall hold a license in another 3553 license issued under this title; except, that the holder of a distributor’s license may also hold a 3554 manufacturer’s license. 3555 166 “(3) No licensee under a manufacturer’s license shall hold another license issued 3556 under this title; except, that the holder of a manufacturer’s license may also hold a distributor’s 3557 license. 3558 “Sec. 406. Manufacturer licensure. 3559 “(a) A person may not manufacture a game of skill machine in the District unless the 3560 person has a valid manufacturer’s license issued under this title. A manufacturer may only sell 3561 game of skill machines for use in the District to persons having a valid distributor’s license. 3562 “(b) A person applying for a manufacturer’s license shall do so on a form prescribed by 3563 the Office. The form shall require: 3564 “(1) The name of the applicant; 3565 “(2) The mailing address of the applicant and, if the applicant is a corporation, the 3566 name of the state in which it is incorporated, the location of its principal place of business, and 3567 the names and addresses of its directors; 3568 “(3) A report of the applicant’s financial activities, including evidence of financial 3569 stability, such as bank statements, business and personal income and disbursement schedules, 3570 and tax returns; and 3571 “(4) Any other information the Office considers necessary. 3572 “(c) In considering whether to approve an application for a distributor’s license, the 3573 Office may consider evidence the distributor submitted to the Office of an existing license as a 3574 distributor from another jurisdiction that the Office has determined has licensing requirements 3575 similar to those required by the District. 3576 167 “(d) An applicant for a manufacturer’s license shall pay a nonrefundable application fee 3577 of $10,000 with the application. 3578 “(e) A manufacturer’s license shall be renewed annually; provided, that the licensee has 3579 continued to comply with all statutory and regulatory requirements and pays upon submission of 3580 its renewal application a $5,000 renewal fee. 3581 “Sec. 407. Distributor licensure. 3582 “(a) A person may not buy, sell, distribute, lease, maintain, market, or service a game of 3583 skill machine or a major component or part of a game of skill machine for distribution in the 3584 District unless the person has a valid distributor’s license issued by the Office. 3585 “(b) A licensed distributor may buy, sell, distribute, lease, maintain, market, or service a 3586 game of skill machine or any major component or part of a game of skill machine for distribution 3587 in the District to a licensed establishment that possesses a retailer’s license from the Office and a 3588 game of skill machine endorsement from the ABC Board pursuant to D.C. Official Code § 25- 3589 113.01(e). No distributor may give anything of value, including a loan or financing agreement, 3590 to a licensed establishment as an incentive or inducement to locate a game of skill machine in the 3591 establishment. 3592 “(c) A person applying for a distributor’s license shall do so on a form prescribed by the 3593 Office. The form shall require: 3594 “(1) The name of the applicant; 3595 “(2) The mailing address of the applicant and, if the applicant is a corporation, the 3596 name of the state in which it is incorporated, the location of its principal place of business, and 3597 the names and addresses of its directors; 3598 168 “(3) A report of the applicant’s financial activities, including evidence of financial 3599 stability, such as bank statements, business and personal income and disbursement schedules, 3600 and tax returns; and 3601 “(4) Any other information the Office considers necessary. 3602 “(d) In considering whether to approve an application for a distributor’s license, the 3603 Office may consider evidence the distributor submitted to the Office of an existing license as a 3604 distributor from another jurisdiction that the Office has determined has licensing requirements 3605 similar to those required by the District. 3606 “(e) An applicant for a distributor’s license shall demonstrate that the equipment, system, 3607 or device that the applicant plans to offer to retailers conforms to standards established pursuant 3608 to this title, rules issued pursuant to this title, and other applicable law. 3609 “(f) An applicant for a distributor’s license shall pay a nonrefundable application fee of 3610 $10,000 with the application. 3611 “(g) A distributor’s license shall be renewed annually; provided, that the licensee has 3612 continued to comply with all statutory and regulatory requirements and pays upon submission of 3613 its renewal application a $5,000 renewal fee. 3614 “(h) A distributor shall submit to the Office, at such times as are established by the Office 3615 by rule, a list of all game of skill machines sold, delivered, or offered to a retailer. All such 3616 equipment shall be tested and approved by an independent testing laboratory approved by the 3617 Office. 3618 “Sec. 408. Supplier licensure. 3619 169 “(a) A person shall not sell parts or components for a game of skill machine or provide 3620 services related to a game of skill machine unless the person has a valid supplier’s license. A 3621 supplier may only provide parts and components for a game of skill machine or services related 3622 to a game of skill machine for use in the District to a person having a valid manufacturer’s or 3623 distributor’s license. 3624 “(b) A person applying for a supplier’s license shall do so on a form prescribed by the 3625 Office. The form shall require: 3626 “(1) The name of the applicant; 3627 “(2) The mailing address of the applicant and, if the applicant is a corporation, the 3628 name of the state in which it is incorporated, the location of its principal place of business, and 3629 the names and addresses of its directors; 3630 “(3) A report of the applicant’s financial activities, including evidence of financial 3631 stability, such as bank statements, business and personal income and disbursement schedules, 3632 and tax returns; and 3633 “(4) Any other information the Office considers necessary.”. 3634 “(c) In considering whether to approve an application for a supplier’s license, the Office 3635 may consider evidence the supplier submitted to the Office of an existing license as a supplier 3636 from another jurisdiction that the Office has determined has licensing requirements similar to 3637 those required by the District. 3638 “(d) An applicant for a supplier’s license shall demonstrate that the equipment, 3639 components, or parts that the applicant plans to offer to manufacturers or distributors conform to 3640 170 standards established pursuant to this title, rules issued pursuant to this title, and other applicable 3641 law. 3642 “(e) An applicant for a supplier’s license shall pay a nonrefundable application fee of 3643 $2,000 with the application. 3644 “(f) A supplier’s license shall be renewed annually; provided, that the licensee has 3645 continued to comply with all statutory and regulatory requirements and pays upon submission of 3646 its renewal application a $1,000 renewal fee. 3647 “(g) A supplier shall submit to the Office, at such times as are established by the Office 3648 by rule, a list of all components or parts for game of skill machines sold, delivered, or offered to 3649 a manufacturer or operator. All such equipment shall be tested and approved by an independent 3650 testing laboratory approved by the Office. 3651 “Sec. 409. Retailer licensure; registration of game of skill machines. 3652 “(a)(1) A person may not own, lease, maintain, install, make available, or offer or allow 3653 another to play a game of skill machine in the District unless the person: 3654 “(A) Is a licensed establishment; 3655 “(B) Possesses a retailer’s license from the Office and a game of skill 3656 machine endorsement from ABRA in accordance with D.C. Official Code § 25-113.01(e); and 3657 “(C) Has entered into a written use agreement with a licensed distributor 3658 for the placement or installation of a game of skill machine on the licensed premises. 3659 “(2) A person convicted of violating this subsection shall be subject to a fine not 3660 to exceed $5,000 or imprisonment not to exceed 6 months, or revocation of the retailer’s license, 3661 or all of the foregoing. 3662 171 “(b)(1) Each game of skill machine located on a retailer’s licensed premises shall be 3663 registered with the Office by the retailer before the game of skill machine is installed on the 3664 licensed premises. 3665 “(2) A retailer may register and operate up to 5 game of skill machines on the 3666 licensed premises at any time. The registration fee for each game of skill machine shall be $100. 3667 “(3) The Office shall issue to the retailer a registration sticker for placement on 3668 each registered game of skill machine. 3669 “(c) A person shall apply for a retailer’s license on a form prescribed by the Office. The 3670 form shall require: 3671 “(1) The name of the applicant; 3672 “(2) The mailing address of the applicant and, if the applicant is a corporation, the 3673 name of the state in which it is incorporated, the location of its principal place of business, and 3674 the names and addresses of its directors; 3675 “(3) A report of the applicant’s financial activities, including evidence of financial 3676 stability, such as bank statements, business and personal income and disbursement schedules, 3677 and tax returns; and 3678 “(4) Any other information the Office considers necessary. 3679 “(d) An applicant for a retailer’s license shall pay a nonrefundable application fee of $300 3680 with the application. 3681 “(e) A retailer’s license shall be renewed annually; provided, that the licensee continued 3682 to comply with the statutory and regulatory requirements and pays upon submission of its 3683 renewal application a $300 renewal fee. 3684 172 “(f) The Office shall require a retailer to be bonded, in such amounts and in such manner 3685 as determined by the Office, and to agree, in writing, to indemnify and hold harmless the District 3686 government against any actions, claims, and demands of whatever kind or nature that the District 3687 may incur by reason of or in consequence of issuing the retailer’s license to the retailer. 3688 “Sec. 410. Minimum requirements of game of skill machines. 3689 “(a)(1) Every game of skill machine offered for play shall first be tested and approved 3690 pursuant to this title and rules issued pursuant to this title. 3691 “(2) The Office shall utilize the services of an accredited independent outside 3692 testing laboratory to test and assess each game of skill machine. 3693 “(3) The applicant shall be responsible for paying the fees associated with testing 3694 the game of skill machines. 3695 “(b) Every game of skill machine offered in the District shall meet the minimum 3696 standards approved by the Office, including that a game of skill machine: 3697 “(1) Conform to all requirements of federal law and regulations, including the 3698 Federal Communications Commission’s Class A emissions standards; 3699 “(2) Pay out a mathematically demonstrable percentage during the expected 3700 lifetime of the machine of all amounts played, which shall not be less than 80%; 3701 “(3) Display an accurate representation of the game outcome; 3702 “(4) Not automatically alter pay tables or any function of the game of skill 3703 machine based on an internal computation of a hold percentage or have a means of manipulation 3704 that affects the random selection process or probabilities of winning a game; 3705 173 “(5) Not be negatively affected by static discharge or other electromagnetic 3706 interference; 3707 “(6) Be capable of displaying the following during idle status: “power reset”; 3708 “door open”; or “door closed”; 3709 “(7) Be able to detect and display the game’s complete play history and winnings 3710 for the previous 10 games; 3711 “(8) Not have a theoretical payback percentage capable of being changed without 3712 making a hardware or software change in the machine itself; 3713 “(9) Be designed so that the replacement of parts or modules required for normal 3714 maintenance does not necessitate replacement of the electromechanical meters; 3715 “(10) Contain a non-resettable meter that shall be located in a locked area of the 3716 machine that is accessible only by a key; 3717 “(11) Be capable of storing the meter information required by paragraph (10) of 3718 this subsection for a minimum of 180 days after a power loss to the machine; 3719 “(12) Have accounting software that keeps an electronic record that includes: 3720 “(A) Total cash inserted into the game of skill machine; 3721 “(B) The value of winning tickets awarded to players by the game of skill 3722 machine; 3723 “(C) The total credits played on the game of skill machine; 3724 “(D) The total credits awarded by the game of skill machine; and 3725 “(E) The payback percentage credited to players of the game of skill 3726 machine; 3727 174 “(13) Be linked to a centralized accounting system that will allow the Office to 3728 activate or deactivate the game of skill machine from the centralized system remotely; and 3729 “(14) Be linked to a centralized accounting system in accordance with section 414 3730 by which all approved game of skill machines shall be connected for the purposes set forth in 3731 section 414. 3732 “(c) The CFO may issue rules to establish additional licensing and registration 3733 requirements. 3734 “Sec. 411. Registration; display of registration sticker, license, and warning sign; 3735 locations of game of skill machines. 3736 “(a) A retailer shall register each of its game of skill machines in the District with the 3737 Office before the game of skill machine may be installed at the licensed establishment. 3738 “(b) A retailer shall locate its game of skill machines for play only in specific locations 3739 approved by ABRA within the retailer’s licensed establishment. 3740 “(c) A retailer shall affix and maintain a registration sticker issued by the Office to the 3741 game of skill machine at all times the game of skill machine is located at the establishment. If the 3742 registration sticker is damaged, destroyed, lost, or removed, the retailer shall pay the Office $75 3743 for a replacement registration sticker. 3744 “(d) A retailer shall post both its retailer’s license and a warning sign, maintained in good 3745 repair and in a place clearly visible at the point of entry to the designated areas where the game 3746 of skill machines are located. The warning sign shall include: 3747 “(1) The minimum age required to play a game of skill machine; 3748 “(2) The contact information for the District’s gambling hotline; and 3749 175 “(3) The contact information for the Office for purposes of filing a complaint 3750 against the manufacturer, supplier, distributor, or retailer. 3751 “(e) Failure to display the registration sticker, license, or warning sign may result in the 3752 Office revoking or suspending the license or issuing a fine against the licensed establishment 3753 pursuant to section 416. 3754 “Sec. 412. Cash award. 3755 “(a) A game of skill machine shall not directly dispense cash awards to a player. If, at the 3756 conclusion of the game, a player is entitled to a cash award, the game of skill machine shall 3757 dispense a ticket or voucher to the player. The ticket or voucher shall indicate: 3758 “(1) The total amount of the cash award; 3759 “(2) The time of day that the cash award was issued in a 24-hour format showing 3760 hours and minutes, the date, the terminal serial number, and the sequential number of the ticket 3761 or voucher; and 3762 “(3) An encrypted validation number from which the validity of the cash award 3763 may be determined. 3764 “(b) A retailer shall allow a player to take the ticket or voucher to the owner of the 3765 licensed establishment or the owner’s designee, who shall be located at the licensed 3766 establishment, for payment of the cash award. 3767 “Sec. 413. Game of skill machine use by minors prohibited. 3768 “(a) A licensee shall not permit a person under the age of 18 to use or play a game of skill 3769 machine. 3770 176 “(b) The Office may suspend or revoke a license and issue a fine, in accordance with 3771 section 416, against a licensee that knowingly allows a person under the age of 18 to use or play 3772 a game of skill machine. 3773 “Sec. 414. Centralized accounting system. 3774 “(a)(1) Within 6 months after the effective date of the Game of Skill Machines Consumer 3775 Protection Act of 2020, passed on 2nd reading on July 28, 2020 (Enrolled version of Bill 23-760) 3776 (“Act”), the Office shall issue a solicitation to procure a centralized accounting system, which 3777 shall be administered by the Office and designed and operated to allow the monitoring and 3778 reading of all game of skill machines for the purpose of compliance with this title and rules 3779 issued pursuant to this title. 3780 “(2) When the Office is satisfied with the operation of the CAS, it shall: 3781 “(A) Certify the effective status of the system; and 3782 “(B) Notify all retailers of the date by which the retailer’s game of skill 3783 machines must be linked to the CAS. 3784 “(b)(1)(A) A game of skill machine approved prior to the effective date of the Act shall 3785 be connected to the CAS within one year after notification pursuant to subsection (a)(2) of this 3786 section. 3787 “(B) A game of skill machine approved on or after the effective date of the 3788 Act but prior to the deployment of the CAS shall be connected within 6 months after notification 3789 pursuant subsection (a)(2) of this section. 3790 177 “(C) A game of skill machine approved after the effective date of the Act 3791 and after deployment of the CAS shall be connected to the CAS prior to operation of the game of 3792 skill machine. 3793 “(2) After a game of skill machine has been connected to the CAS, it shall remain 3794 connected as required by the Office. 3795 “(c) All game of skill machines registered in the District shall be linked to the CAS for 3796 purposes of accounting, reporting, monitoring, and reading machine activities as provided for in 3797 this title or rules issued pursuant to this title. 3798 “(d) The CAS shall not provide for the monitoring or reading of personal or financial 3799 information concerning patrons of game of skill machines. 3800 “(e) Employees and agents of a contractor or subcontractor of the Office that is engaged 3801 in building, operating, maintaining, or contracting to build, operate, or maintain the CAS, and the 3802 immediate family members of such employees and agents, shall be prohibited from obtaining a 3803 license under this title. 3804 “(f) Unless a retailer’s license is canceled, suspended, or revoked, nothing in this section 3805 shall authorize the Office to limit or eliminate a registered game of skill from the CAS. 3806 “Sec. 415. Insurance. 3807 “Each distributor shall maintain liability insurance on all game of skill machines that it 3808 places in a licensed establishment in an amount set by the Office by rule issued pursuant to this 3809 title. 3810 “Sec. 416. Penalties. 3811 178 “(a) In the event of a violation of this title or a rule issued pursuant to this title, the Office 3812 may: 3813 “(1) Impose a fine of not more than $50,000; 3814 “(2) Revoke a licensee’s license; or 3815 “(3) Suspend the licensee’s license for up to one year. 3816 “(b) A person that has been fined or whose application has been denied, revoked, or 3817 suspended pursuant to this section shall have a right to a hearing before the Office and, in the 3818 event of the Office’s affirmation of the fine, denial, revocation, or suspension, the right to appeal 3819 the decision of the Office to the Superior Court of the District of Columbia. 3820 “(c) The Office shall notify ABRA within 48 hours after the Office suspends or revokes a 3821 retailer’s license. 3822 “Sec. 417. Authority of the Office. 3823 “(a) The Office may enforce the provisions of this title with respect to licensees and any 3824 individual or entity not holding a license and offering a game of skill machine in violation of the 3825 provisions of this title or rules issued pursuant to this title. 3826 “(b) Subject to subsection (c) of this section, the Office and the Metropolitan Police 3827 Department may issue citations for civil violations of this title as set forth in rules issued 3828 pursuant to this title. 3829 “(c) A citation for a violation for which the penalty includes the suspension or revocation 3830 of a license shall be issued by the Office as a result of an investigation carried out by the Office. 3831 “(d) The Office may request and check the identification of a person who has played, is 3832 playing, or is attempting to play a game of skill machine. The Office may seize evidence that 3833 179 substantiates a violation under this title, which may include seizing the tickets, vouchers, or cash 3834 awards issued to a person under the age of 18 and fake identification documents used by a person 3835 under the age of 18. 3836 “(e) The Office may seize a game of skill machine license from an establishment if: 3837 “(1) The game of skill machine license has been suspended, revoked, or canceled 3838 by the Office; 3839 “(2) The business is no longer in existence; or 3840 “(3) The business has been closed by another District government agency. 3841 “Sec. 418. Investigations and inspections. 3842 “(a) The Office may conduct investigations, searches, seizures, and perform other duties 3843 authorized by this title and rules issued pursuant to this title. 3844 “(b) An applicant for a license and each licensee shall allow an authorized member of the 3845 Office, an ABRA investigator, or any member of the Metropolitan Police Department full 3846 opportunity to examine at any time during business hours: 3847 “(1) The location on the premises where game of skill machines are available to 3848 play; and 3849 “(2) The books and records of the licensee or applicant. 3850 “Sec. 419. Unlawful acts; action by the Attorney General. 3851 “(a)(1) No manufacturer, distributor, supplier, licensed establishment, or employee or 3852 agent of a manufacturer, distributor, supplier, or licensed establishment shall intentionally make 3853 a false or misleading representation concerning an individual’s chances, likelihood, or 3854 probability of winning at playing a game of skill machine. 3855 180 “(2) An individual or entity claiming to be aggrieved by a fraudulent act or a false 3856 or misleading statement by a licensee shall have a cause of action in a court of competent 3857 jurisdiction for damages and any legal or equitable relief as may be appropriate. 3858 “(b) The Attorney General for the District of Columbia, in the name of the District of 3859 Columbia, may bring an action in the Superior Court of the District of Columbia to enjoin an 3860 individual or entity or to seek a civil penalty of up to $50,000 for a violation of this title or rule 3861 issued pursuant to this title. 3862 “Sec. 420. Taxation of game of skill machines. 3863 “(a)(1) On or before the 20th day of each month, each retailer shall: 3864 “(A) File a return, on forms and in the manner prescribed by the CFO, 3865 with the CFO indicating the amount of gross game of skill machine revenue for the retailer’s 3866 game of skill machines for the preceding calendar month; and 3867 “(B) Pay to the District of Columbia Treasurer 10% of the gross game of 3868 skill machine revenue for the preceding month. 3869 “(b) All funds owed to the District under this section shall be held in trust within the 3870 boundaries of the District for the District by the retailer until the funds are paid to the District of 3871 Columbia Treasurer. 3872 “(c) A retailer that falsely reports or fails to report the amount due as required by this 3873 section may be fined or imprisoned in accordance with Title 22 of the District of Columbia 3874 Official Code and shall have its retailer’s license revoked. 3875 “(d) A retailer shall keep a record of the gross game of skill machine revenue, awards, 3876 and net income of each game of skill machine in such form as the Office may require. 3877 181 “(e) A payment required by this section that is not remitted when due shall be assessed a 3878 late payment penalty in amount set forth in D.C. Official Code § 47-4213. 3879 “(f) In the case of an underpayment of the tax required by this section, there shall be 3880 added to the tax, an amount of interest determined by applying the underpayment rate set forth in 3881 D.C. Official Code § 47-4201 to the amount of the underpayment for the period of the 3882 underpayment. 3883 “Sec. 421. Deposit of license fees. 3884 “All fees collected under sections 406 through 409 shall be deposited in the Lottery, 3885 Gambling, and Gaming Fund, established by section 4 (D.C. Official Code § 36-601.12).”. 3886 “Sec. 422. Rules and regulations governing game of skill machines. 3887 “(a) The CFO, pursuant to section 424(d) of the District of Columbia Home Rule Act, 3888 approved April 17, 1995 (109 Stat. 142; D.C. Official Code § 1-204.24d), shall issue rules to 3889 implement the provisions of this title. 3890 “(b) The rules issued by the CFO pursuant to subsection (a) of this section shall include: 3891 “(1) Standards for conducting inspections of game of skill machines for 3892 compliance with industry standards; 3893 “(2) Standards for inspecting licensed establishments for compliance with this 3894 title; 3895 “(3) Minimum and maximum payment amounts for playing game of skill 3896 machines; 3897 “(4) The maximum amount of allowable winnings per game; 3898 “(5) Requirements relating to how fees and taxes are to be remitted; 3899 182 “(6) The method of accounting to be used by a licensed establishment where a 3900 game of skill machine is authorized; 3901 “(7) Methods of age verification; 3902 “(8) Types of records that shall be required to be maintained by a licensee; 3903 “(9) Posting requirements; 3904 “(10) Advertising guidelines, including specific language concerning individuals 3905 under the age of 18; 3906 “(11) Penalties for a violation of this title or rule issued pursuant to this title; and 3907 “(12) Internal control standards for game of skill machines.”. 3908 3909 Sec. 6023. Title 25 of the District of Columbia Official Code is amended as follows: 3910 (a) Chapter 1 is amended as follows: 3911 (1) Section 25-101 is amended as follows: 3912 (A) A new paragraph (22B) is added to read as follows: 3913 “(22B) “Game of skill machine” has the meaning set forth in section 401(6) of the 3914 Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable 3915 Purposes in the District of Columbia, passed on emergency basis on October 6, 2020 (Enrolled 3916 version of Bill 23-xxx).”. 3917 (B) A new paragraph (53A) is added to read as follows: 3918 “(53A) “Voucher” means a ticket issued by a game of skill machine that is 3919 redeemable for cash winnings.”. 3920 (2) Section 25-113a is amended as follows: 3921 183 (A) The section is redesignated as § 25-113.01. 3922 (B) The section heading is amended to read as follows: 3923 “§ 25-113.01. License endorsements.”. 3924 (C) A new subsection (e) is added to read as follows: 3925 “(e)(1) A licensee under a manufacturer’s license class A or B holding an on-site sales 3926 and consumption permit, or an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, 3927 D/T, C/N, D/N, C/X, or DX, shall obtain a game of skill machine endorsement from the Board in 3928 order to offer a game of skill machine on the licensed premises. 3929 “(2)(A) A game of skill machine shall not be placed on outdoor public or private 3930 space; provided, that the Board, in its discretion, may allow for the placement of a game of skill 3931 machine on outdoor public or private space if, in the Board’s determination, activity associated 3932 with the game of skill machine is: 3933 “(i) Not visible from a public street or sidewalk; 3934 “(ii) Adequately secured against unauthorized entrance; and 3935 “(iii) Accessible only by patrons from within the establishment. 3936 “(B) Subparagraph (A) of this paragraph shall not apply to a licensee 3937 operating a passenger-carrying marine vessel in accordance with § 25-113(h).”. 3938 (b) Section 25-401 is amended by adding a new subsection (e) to read as follows: 3939 “(e) An applicant for a game of skill machine endorsement shall submit to the Board with 3940 its application: 3941 “(1) A diagram of where the game of skill machines will be placed on the licensed 3942 premises; and 3943 184 “(2) The name of the manufacturer and distributor of the game of skill machines 3944 and documentation reflecting that the manufacturer and distributor are licensed to do business 3945 and pays taxes in the District of Columbia.”. 3946 (c) Section 25-508 is amended to read as follows: 3947 “25-508. Minimum fee for permits, and manager’s license, and endorsement. 3948 “The minimum fees for permits, manager’s license, and endorsement shall be as follows: 3949 “Tasting permit for class A licensees $100/year 3950 “Importation permit $5 3951 “Manager’s license $100/year 3952 “On-site sales and consumption permit $1,000/year 3953 “Game of skill machine endorsement $200”. 3954 (d) Chapter 7 is amended as follows: 3955 (1) The table of contents is amended by adding a new section designation to read 3956 as follows: 3957 “25-786. Game of skill machine operating requirements.”. 3958 (2) Section 25-763 is amended by adding a new subsection (g) to read as follows: 3959 “(g) Exterior signs advertising game of skill machines shall be prohibited on the licensed 3960 establishment.”. 3961 (3) Section 25-765 is amended by adding a new subsection (c) to read as follows: 3962 “(c) Advertisements related to game of skill machines shall not be placed on the interior 3963 or exterior of a window or on the exterior of a door that is used to enter or exit the licensed 3964 establishment.”. 3965 185 (4) A new section 25-786 is added to read as follows: 3966 “§ 25-786. Game of skill machine operating requirements. 3967 “A licensee with a game of skill machine endorsement shall: 3968 “(1) Not allow or permit a person under 18 years of age to play a game of skill 3969 machine and shall designate an employee to regularly monitor the designated area where game of 3970 skill machines are played to ensure that no person under 18 years of age is playing or attempting 3971 to play a game of skill machine; 3972 “(2) Verify that each person playing a game of skill machine is lawfully permitted 3973 to do so by checking the person’s government-issued identification document upon entry into 3974 either the licensed establishment or the designated area where the game of skill machines are 3975 located and where the person seeks to cash out his or her winnings, if any; except, that the failure 3976 of a licensee to verify a person’s identification shall not be a violation of this paragraph if the 3977 person whose identification was not checked is 18 years of age or older; 3978 “(3) Not allow or permit a person that appears intoxicated or under the influence 3979 of a narcotic or other substance to play a game of skill machine; 3980 “(4) Not share revenue from the licensee’s sale of alcohol with a manufacturer or 3981 distributor of a game of skill machine, unless approved by the Board as an owner of the license; 3982 “(5) Not allow or permit the placement of a game of skill machine on an outdoor 3983 public or private space that has not been approved by the Board; 3984 “(6) Not allow or permit the placement of a game of skill machine outside of the 3985 designated areas contained on the applicant’s diagram provided as part of the license application 3986 or outside the areas approved by the Board; 3987 186 “(7) Not have more than 5 game of skill machines on the licensed premises; and 3988 “(8) Install security cameras that are operational and record for 30 days, in the 3989 areas designated for game of skill machines, near the cash register or terminal where cash 3990 winnings of game of skill machines are processed, and where the licensee’s money is stored.”. 3991 (e) Section 25-801 is amended by adding a new subsection (h) to read as follows: 3992 “(h) An ABRA investigator may request and check the identification of a person who has 3993 played, is playing, or is attempting to play a game of skill machine. An ABRA investigator may 3994 seize fake identification used by a person under 18 years of age and may seize such records 3995 related to a game of skill machine as the investigator deems appropriate to investigate the 3996 playing of a game of skill machine by a person under 18 years of age.”. 3997 Sec. 6024. Section 865 of An Act To establish a code of law for the District of Columbia, 3998 approved March 3, 1901 (31 Stat. 1331; D.C. Official Code § 22-1704), is amended as follows: 3999 (a) The existing text is designated as subsection (a). 4000 (b) A new subsection (b) is added to read as follows: 4001 “(b) It shall be unlawful to install or operate a game of skill machine in the District 4002 except as permitted by D.C. Official Code § 25-113.01(e). Whoever shall install or operate a 4003 game of skill machine at a location not licensed under Title 25 of the District of Columbia 4004 Official Code shall be punished by imprisonment for a term of 180 days or fined not more than 4005 the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 4006 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or both.”. 4007 4008 187 SUBTITLE D. PAY-BY-PHONE TRANSACTION FEES FUND 4009 Sec. 6031. Short title. 4010 This subtitle may be cited as the “Pay-By-Phone Transaction Fee Fund Congressional 4011 Review Emergency Amendment Act of 2020”. 4012 Sec. 6032. Section 9f of the Department of Transportation Establishment Act of 2002, 4013 effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14), is amended to 4014 read as follows: 4015 “Sec. 9f. Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund. 4016 “(a) There is established the Parking Meter and Transit Services Pay-by-Phone 4017 Transaction Fee Fund (“Fund”), which shall be administered by the director of the District 4018 Department of Transportation in accordance with subsection (c) of this section. 4019 “(b) The following revenue shall be deposited in the Fund: 4020 “(1) Notwithstanding section 3(h) of the District of Columbia Motor Vehicle 4021 Parking Facility Act of 1942, approved February 16, 1942 (56 Stat. 91; D.C. Official Code § 50– 4022 2603(8)), all transaction fees imposed upon users who pay for parking, transit fares, Capital 4023 Bikeshare trips, and other forms of shared mobility and transportation services with the pay-by- 4024 phone system; and 4025 “(2) All money remaining in the District Department of Transportation Parking 4026 Meter Pay-by-Phone Transaction Fee Fund at the end of Fiscal Year 2020. 4027 “(c) Money in the Fund shall be used to pay vendors responsible for administering pay- 4028 by-phone payment systems for parking, transit fares, Capital Bikeshare trips, and other forms of 4029 shared mobility and transportation services. 4030 188 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 4031 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 4032 of a fiscal year, or at any other time. 4033 “(2) Subject to authorization in an approved budget and financial plan, any funds 4034 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 4035 Sec. 6033. Section 3(h)(1) of the District of Columbia Motor Vehicle Parking Facility 4036 Act of 1942, approved February 16, 1942 (56 Stat. 91; D.C. Official Code § 50-2603(8)(A)), 4037 is amended by striking the phrase “to be transferred to the District Department of Transportation 4038 Parking Meter Pay-by-phone Transaction Fee Fund and the DC Circulator Fund, in accordance 4039 with section 9f of the Department of Transportation Establishment Act of 2002, effective 4040 September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14)” and inserting the 4041 phrase “to be transferred to the Parking Meter and Transit Services Pay-by-Phone Transaction 4042 Fee Fund, in accordance with section 9f of the Department of Transportation Establishment Act 4043 of 2002, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14), and 4044 the DC Circulator Fund, in accordance with section 11c of the Department of Transportation 4045 Establishment Act of 2002, effective March 6, 2007 (D.C. Law 16-225; D.C. Official Code § 50- 4046 921.33)” in its place. 4047 SUBTITLE E. ENVIRONMENTAL SPECIAL PURPOSE REVENUE 4048 ACCOUNTS 4049 Sec. 6041. Short title. 4050 This subtitle may be cited as the “Environmental Special Purpose Funds Reestablishment 4051 Congressional Review Emergency Amendment Act of 2020”. 4052 189 4053 Sec. 6042. The Lead-Hazard Prevention and Elimination Act of 2008, effective 4054 March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01 et seq.), is amended by 4055 adding a new section 10a to read as follows: 4056 “Sec. 10a. Lead Poisoning Prevention Fund. 4057 “(a) There is established as a special fund the Lead Poisoning Prevention Fund (“Fund”), 4058 which shall be administered by the Department of Energy and Environment in accordance with 4059 subsection (c) of this section. 4060 “(b) All fees, fines, and penalties received from compliance with and enforcement of this 4061 act, and all interest earned on those monies, shall be deposited into the Fund. 4062 “(c) Money in the Fund shall be used to pay for the costs of implementing this act and 4063 may be used to provide low-income residents of the District with assistance to comply with the 4064 requirements of section 4, in accordance with rules issued by the Mayor. 4065 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 4066 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 4067 of a fiscal year, or at any other time. 4068 “(2) Subject to authorization in an approved budget and financial plan, any funds 4069 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 4070 Sec. 6043. The District of Columbia Underground Storage Tank Management Act of 4071 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code § 8-113.01 et seq.), is 4072 amended by adding a new section 6a to read as follows: 4073 “Sec. 6a. Underground Storage Tank Regulation Fund. 4074 190 “(a) There is established as a special fund the Underground Storage 4075 Tank Regulation Fund (“Fund”), which shall be administered by the Department of Energy and 4076 Environment in accordance with subsection (c) of this section. 4077 “(b) All fees, fines, and penalties received from compliance with and enforcement of this 4078 act, and contributions and monies received as reimbursement, and all interest earned on those 4079 monies, shall be deposited into the Fund. 4080 “(c) Money in the Fund shall be used to pay for the costs of implementing this act and 4081 may be used for assessment, clean up, and housing and relocation assistance. 4082 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 4083 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 4084 of a fiscal year, or at any other time. 4085 “(2) Subject to authorization in an approved budget and financial plan, any funds 4086 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 4087 Sec. 6044. The District of Columbia Hazardous Waste Management Act of 1977, 4088 effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1301 et seq.), is amended by 4089 adding a new section 21a to read as follows: 4090 “Sec. 21a. Hazardous Waste and Toxic Chemical Source Reduction Fund. 4091 “(a) There is established as a special fund the Hazardous Waste and Toxic Chemical 4092 Source Reduction Fund (“Fund”), which shall be administered by the Department of Energy and 4093 Environment in accordance with subsection (c) of this section. 4094 “(b) All fees, fines, and penalties received from compliance with and enforcement of this 4095 act, and all interest earned on those monies, shall be deposited into the Fund. 4096 191 “(c) Money in the Fund shall be used to pay for the costs of implementing this act. 4097 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 4098 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 4099 of a fiscal year, or at any other time. 4100 “(2) Subject to authorization in an approved budget and financial plan, any funds 4101 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 4102 SUBTITLE F. ALCOHOLIC BEVERAGE SALES AND DELIVERY 4103 Sec. 6051. Short title. 4104 This subtitle may be cited as the “Alcoholic Beverage Sales and Delivery Congressional 4105 Review Emergency Amendment Act of 2020”. 4106 Sec. 6052. Title 25 of the District of Columbia Official Code is amended as follows: 4107 (a) Chapter 1 is amended as follows: 4108 (1) Section 25-112 is amended by adding a new subsection (h) to read as follows: 4109 “(h)(1) A retailer with commercial street frontage at the Walter E. Washington 4110 Convention Center that sells food and is approved by the Washington Convention and Sports 4111 Authority to sell alcoholic beverages for on-premises consumption (“Convention Center food 4112 and alcohol business”) that registers as a Convention Center food and alcohol business with the 4113 Board and receives written authorization from ABRA may sell beer, wine, or spirits in closed 4114 containers to individuals for carry out and may deliver beer, wine, or spirits in closed containers 4115 to consumers in the District, pursuant to §§ 25-113(a)(3)(C) and 25-113.01(g); provided, that 4116 such carry out and delivery orders are accompanied by one or more prepared food items. 4117 192 “(2) Board approval shall not be required for a registration under this subsection 4118 that occurs before April 1, 2021. 4119 “(3) After March 31, 2021, a Convention Center food and alcohol business that 4120 does not hold a valid registration under this subparagraph shall be required to obtain a carry out 4121 and delivery license as set forth in § 25-113.01(g) to sell beer, wine, or spirits in closed 4122 containers to customers to carry out and to sell and deliver to the homes of District residents 4123 beer, wine, or spirits in closed containers for delivery . 4124 “(4) A Convention Center food and alcohol business that has been authorized to 4125 offer alcoholic beverages for carry out and delivery in accordance with paragraph (1) of this 4126 subsection may only offer alcoholic beverages for carry out and delivery between the hours of 4127 6:00 a.m. and 1:00 a.m., 7 days a week.”. 4128 (2) Section 25-113(a)(3)(C) is amended to read as follows: 4129 “(C)(i) An on-premises retailer licensee, class C/R, D/R, C/T, D/T, C/H, 4130 D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, that registers with 4131 the Board and receives written authorization from ABRA may sell beer, wine, or spirits in closed 4132 containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to 4133 consumers in the District between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week; provided, 4134 that each such carry out or delivery order is accompanied by one or more prepared food items. 4135 “(ii) Board approval shall not be required for a registration under 4136 this subparagraph that occurs prior to April 1, 2021. After March 31, 2021, an on-premises 4137 retailer that does not hold a valid registration under this subparagraph shall be required to obtain 4138 193 a carry out and delivery endorsement as set forth in § 25-113.01(f) in order to sell for carry out 4139 and deliver alcoholic beverages.”. 4140 (3) Newly designated section 25-113.01 is amended by adding new subsections 4141 (f) and (g) to read as follows: 4142 “(f)(1) Effective April 1, 2021, a licensee under an on-premises retailer’s license, class 4143 C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or 4144 private club, shall obtain a carry out and delivery endorsement from the Board to be eligible to 4145 sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, 4146 or spirits in closed containers to consumers in the District. 4147 “(2) Carry out sales and delivery shall be authorized under paragraph (1) of this 4148 subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. 4149 “(3) Each carry out or delivery order of an alcoholic beverage pursuant to 4150 paragraph (1) of this subsection shall be accompanied by one or more prepared food items. 4151 “(4) The annual fee for a carry out and delivery endorsement shall be established 4152 by the Board in an amount not less than $200. 4153 “(5) An on-premises retailer licensee that has registered with the Board under § 4154 25-113(a)(3)(C) before April 1, 2021 (“registered licensee”), shall not be required to apply with 4155 the Board for an endorsement under this subsection, and the registered licensee shall be granted 4156 the carry out and delivery endorsement upon request to the Board, if the registered licensee 4157 makes the request and pays the annual fee required by paragraph (4) of this subsection by March 4158 31, 2021. 4159 194 “(g)(1) Effective April 1, 2021, a Convention Center food and alcohol business that has 4160 registered with the Board under § 25-112(h), shall obtain a carry out and delivery license from 4161 the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry 4162 out, or deliver beer, wine, or spirits in closed containers to consumers in the District. 4163 “(2) Carry out sales and delivery shall be authorized under paragraph (1) of this 4164 subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. 4165 “(3) Each carry out or delivery order of an alcoholic beverage pursuant to 4166 paragraph (1) of this subsection shall be accompanied by one or more prepared food items. 4167 “(4) The annual fee for a carry out and delivery license shall be established by the 4168 Board in an amount not less than $200. 4169 “(5) A Convention Center food and alcohol business that has registered with the 4170 Board under § 25-112(h) before April 1, 2021 (“registered Convention Center food and alcohol 4171 business”), shall not be required to apply with the Board for a license under this subsection, and 4172 the registered Convention Center food and alcohol business shall be granted a carry out and 4173 delivery license upon request to the Board, if the registered Convention Center food and alcohol 4174 business makes the request and pays the annual fee required by paragraph (4) of this subsection 4175 by March 31, 2021. 4176 “(6) Beginning June 30, 2022, and each year thereafter, ABRA shall submit an 4177 annual report to the Council on the outcomes of this section, including the number of on-premise 4178 licensees participating in the carry-out and delivery option, and the number of on- and off- 4179 premise retailer licensees that may have closed after the carry-out and delivery option was 4180 implemented”. 4181 195 (b) Chapter 7 is amended as follows: 4182 (1) Section 25-721 is amended as follows: 4183 (A) Subsection (a-1) is amended by striking the phrase “7:00 a.m. and 4184 12:00 a.m.” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. 4185 (B) Subsection (c) is amended as follows: 4186 (i) Paragraph (1) is amended by striking the phrase “2:00 a.m. and 4187 8:00 a.m.” and inserting the phrase “2:00 a.m. and 6:00 a.m.” in its place. 4188 (ii) Paragraph (2) is amended by striking the phrase “3:00 a.m. and 4189 8:00 a.m.” and inserting the phrase “3:00 a.m. 6:00 a.m.” in its place. 4190 (C) Subsection (d) is amended by striking the phrase “7:00 a.m. and 4191 midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. 4192 (2) Section 25-722 is amended as follows: 4193 (A) Subsection (a) is amended by striking the phrase “7:00 a.m. and 4194 midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. 4195 (B) Subsection (b) is amended by striking the phrase “7:00 a.m. and 4196 midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. 4197 (3) Section 25-723 is amended as follows: 4198 (A) Subsection (b) is amended as follows: 4199 (i) Paragraph (1) is amended by striking the phrase “2:00 a.m. and 4200 8:00 a.m.” and inserting the phrase “2:00 a.m. and 6:00 a.m.” in its place. 4201 (ii) Paragraph (2) is amended by striking the phrase “3:00 a.m. and 4202 8:00 a.m.” and inserting the phrase “3:00 a.m. and 6:00 a.m.” in its place. 4203 196 (B) Subsection (c)(1) is amended as follows: 4204 (i) Subparagraph (C) is amended by striking the phrase “; and” and 4205 inserting a semicolon in its place. 4206 (ii) Subparagraph (D) is amended by striking the period and 4207 inserting the phrase “; and” in its place. 4208 (iii) A new subparagraph (E) is added to read as follows: 4209 “(E) The Saturday and Sunday adjacent to Veterans Day, Christmas Day, 4210 and District of Columbia Emancipation Day as set forth in § 1-612.02(a); except, that if the 4211 holiday under this subparagraph occurs on a Tuesday, the extended hours shall occur on the 4212 preceding Saturday and Sunday and if a holiday under this subparagraph occurs on a Wednesday 4213 or Thursday, the extended hours shall occur on the following Saturday and Sunday.”. 4214 (C) Subsection (e)(1) is amended by striking the phrase “2017, January 14 4215 through January 22” and inserting the phrase “2021, January 9 through January 24” in its place. 4216 Sec. 6053. Repealer. 4217 (a) Section 204(a)(1) of the Coronavirus Support Temporary Amendment Act of 2020, 4218 enacted on July 7, 2020 (D.C. Act 23-334; 67 DCR 8622), is repealed. 4219 (b) Amendatory section 25-113(a)(3)(C) of the District of Columbia Official Code in 4220 section 204(a)(2)(A) of the Coronavirus Support Temporary Amendment Act of 2020, enacted 4221 on July 7, 2020 (D.C. Act 23-334; 67 DCR 8622), is repealed. 4222 SUBTITLE G. THIRD-PARTY INSPECTION PLATFORM 4223 Sec. 6061. Short title. 4224 197 This subtitle may be cited as the “Third-Party Inspection Platform Congressional Review 4225 Emergency Amendment Act of 2020”. 4226 Sec. 6062. Section 6d of the Construction Codes Approval and Amendments Act of 1986, 4227 effective June 25, 2002 (D.C. Law 14-162; D.C. Official Code § 6-1405.04), is amended by 4228 adding a new subsection (f) to read as follows: 4229 “(f) The Department may establish an online platform that may, at the Director’s 4230 discretion, serve as the exclusive mechanism by which an individual or entity may hire a third- 4231 party inspector to perform an inspection authorized by this section. The Department may charge 4232 a fee for the use of the online platform by an individual or entity and by the third-party 4233 inspectors.”. 4234 SUBTITLE H. PARKING RECIPROCITY FEE UPDATE AMENDMENT   4235 Sec. 6071. Short title. 4236 This subtitle may be cited as the “Reciprocity Parking Fee Update Congressional Review 4237 Emergency Amendment Act of 2020”. 4238 Sec. 6072. Section 8(d) of the District of Columbia Traffic Act, 1925, approved March 3, 4239 1925 (43 Stat. 1123; D.C. Official Code § 50-1401.02(d)), is amended by striking the figure 4240 “$50” and inserting the figure “$100” in its place.  4241 SUBTITLE I. TAG TRANSFER FEE UPDATE AMENDMENT   4242 Sec. 6081. Short title. 4243 This subtitle may be cited as the “Tag Transfer Fee Update Congressional Review 4244 Emergency Amendment Act of 2020”. 4245 4246 198 Sec. 6082. Section 2(e) of the District of Columbia Revenue Act of 1937, approved 4247 August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02(e)), is amended as follows: 4248 (a) Paragraph (2) is amended by striking the figure “$7” and inserting the figure “$12” in 4249 its place. 4250 (b) Paragraph (5) is amended by striking the figure “$7” and inserting the figure “$12” in 4251 its place. 4252 SUBTITLE J. ATE PROGRAM REPORTING REQUIREMENT AMENDMENT 4253 Sec. 6091. Short title. 4254 This subtitle may be cited as the “ATE Reporting Requirement Congressional Review 4255 Emergency Amendment Act of 2020”. 4256 Sec. 6092. Title IX of the Fiscal Year 1997 Budget Support Act of 1996, effective April 4257 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01 et seq.), is amended by adding 4258 a new section 905 to read as follows: 4259 “Sec. 905. ATE Reporting to Council. 4260 “Beginning January 1, 2021, the District Department of Transportation, in consultation 4261 with the Department of Motor Vehicles, shall report to the Council on a semi-annual basis the 4262 following information: 4263 “(1) The top 15 automated traffic enforcement (“ATE”) locations by value of 4264 citations generated in the District; 4265 “(2) The breakdown of the jurisdictions where those receiving ATE citations and 4266 with outstanding ATE citation debt have their vehicles registered; 4267 199 “(3) The locations where cameras have been added in the last 6 months and the 4268 reasons why those locations were chosen; and 4269 “(4) The amount of ATE citations issued in total and by location.”. 4270 SUBTITLE K. CAPACITY MARKET WITHDRAWAL FEASABILITY STUDY 4271 Sec. 6101. Short title. 4272 This subtitle may be cited as the “Capacity Market Withdrawal Feasibility Study 4273 Congressional Review Emergency Act of 2020”. 4274 Sec. 6102. Feasibility study. 4275 By July 1, 2021, the Department of Energy and Environment shall make publicly 4276 available a study that evaluates and makes recommendations regarding the District withdrawing 4277 from the PJM capacity market, including outlining the potential advantages and disadvantages of 4278 withdrawal, the anticipated effects of Calpine Corp. v. PJM Interconnection, L.L.C., 169 4279 FERC ¶ 61,239 (2019) on the District, and the procedure for withdrawal from the PJM capacity 4280 market, including any necessary legislative changes. 4281 SUBTITLE L. COMPETITIVE GRANT 4282 Sec. 6111. Short title. 4283 This subtitle may be cited as the “Competitive Grant Congressional Review Emergency 4284 Act of 2020”.   4285 Sec. 6112. The Department of Energy and Environment shall award an annual grant on a 4286 competitive basis, in an amount not to exceed $200,000, to provide wildlife rehabilitation 4287 services. 4288 4289 200 SUBTITLE M. URBAN AGRICULTURE FUNDING 4290 Sec. 6121. Short title. 4291 This subtitle may be cited as the “Urban Agriculture Funding Congressional Review 4292 Emergency Amendment Act of 2020”. 4293 Sec.  6122. The Food Production and Urban Gardens Program Act of 1986, effective 4294 February 28, 1987 (D.C. Law 6-210; D.C. Official Code § 48-401 et seq.), is amended as 4295 follows: 4296 (a) Section 3a(d)(1) (D.C. Official Code § 48-402.01(d)(1)) is amended by striking the 4297 phrase “base period of 5 years” and inserting the phrase “base period of at least 5 years” in its 4298 place. 4299 (b) Section 3b (D.C. Official Code § 48-402.02) is amended to read as follows: 4300 “Sec. 3b. Limitations on expenditures. 4301 “Total real property tax abatements provided for certain urban farms established pursuant 4302 to D.C. Official Code § 47-868 and the tax-exempt status conferred by D.C. Official Code § 47- 4303 1005(c) shall not exceed $150,000 each year.”. 4304 Sec.  6123. Section 47-1005(c) of the District of Columbia Official Code is amended by 4305 striking the phrase “Department of General Services” and inserting the phrase “Department of 4306 Energy and Environment” in its place. 4307 SUBTITLE N. WASTE DISPOSAL FEES 4308 Sec. 6131. Short title. 4309 This subtitle may be cited as the “Waste Disposal Fees Regulation Congressional Review 4310 Emergency Amendment Act of 2020”. 4311 201 Sec. 6132. Section 720.8 of Title 21 of the District of Columbia Municipal Regulations 4312 (21 DCMR § 720.8) is amended to read as follows: 4313 “720.8 Beginning on October 1, 2020, the applicable fee for the disposal of each ton of 4314 solid waste at the waste-handling facilities, excluding those wastes specified in §§ 720.5, 720.6, 4315 and 720.7, shall be seventy dollars and sixty-two cents ($70.62) for each ton disposed; provided, 4316 that a minimum fee of thirty five dollars and thirty-one cents ($35.31) shall be imposed on each 4317 load weighing one thousand pounds (1,000 lb.) or less.”. 4318 SUBTITLE O. FAST FERRY GRANT 4319 Sec. 6141. Short title. 4320 This subtitle may be cited as the “Fast Ferry Grant Congressional Review 4321 Emergency Act of 2020”. 4322 Sec. 6142. (a) In Fiscal Year 2021, the District Department of Transportation (“DDOT”) 4323 shall award a grant of not less than $250,000 to a regional transportation system supporting 4324 efforts to establish M-495 Commuter Fast Ferry Service on the Occoquan, Potomac, and 4325 Anacostia River system. 4326 (b) A grant awarded pursuant to this section shall be in addition to any other grant 4327 awarded by DDOT for fast ferry service. 4328 TITLE VII. FINANCE AND REVENUE 4329 SUBTITLE A. PERSONAL PROPERTY TAX 4330 Sec. 7001. Short title. 4331 This subtitle may be cited as the “Personal Property Tax Congressional Review 4332 Emergency Amendment Act of 2020”. 4333 202 4334 Sec. 7002. Title 47 of the District of Columbia Official Code is amended as follows: 4335 (a) Section 47-1508(a) is amended by adding a new paragraph (13) to read as follows: 4336 “(13)(A) Computer software, unless: 4337 “(i) The software is incorporated as a permanent component of a 4338 computer, machine, piece of equipment, or device, or of real property, and the software is not 4339 commonly available separately; or 4340 “(ii) The cost of the software is included as part of the cost of a 4341 computer, machine, piece of equipment, or device, or of the cost of real property on the books or 4342 records of the taxpayer. 4343 “(B) This paragraph shall not be construed to affect the value of a 4344 machine, device, piece of equipment, or computer, or the value of real property, or to affect the 4345 taxable status of any other property subject to tax under this title.”. 4346 (b) Section 47-1521 is amended as follows: 4347 (1) Paragraph (1) is redesignated as paragraph (1A). 4348 (2) A new paragraph (1) is added to read as follows: 4349 “(1) “Computer software” means a set of statements or instructions that when 4350 incorporated in a machine-usable medium is capable of causing a machine or device having 4351 information processing capabilities to indicate, perform, or achieve a particular function, task, or 4352 result.”. 4353 (3) Paragraph (4) is amended by striking the phrase “goods and chattels” and 4354 inserting the phrase “goods and chattels, including computer software,” in its place. 4355 203 4356 Sec. 7003. Applicability. 4357 This subtitle shall apply as of July 1, 2021. 4358 SUBTITLE B. UNINCORPORATED BUSINESS FRANCHISE TAX 4359 Sec. 7011. Short title. 4360 This subtitle may be cited as the “Unincorporated Business Franchise Tax Congressional 4361 Review Emergency Amendment Act of 2020”. 4362 Sec. 7012. Section 47-1808.02(1) of the District of Columbia Official Code is amended 4363 by striking the phrase “Internal Revenue Code of 1986.” and inserting the phrase “Internal 4364 Revenue Code of 1986. Taxable income shall include gain from the sale or other disposition of 4365 any assets, including tangible assets and intangible assets, including real property and interests in 4366 real property, in the District, even when such a sale or other disposition results in the termination 4367 of an unincorporated business.” in its place. 4368 Sec. 7013. Applicability. 4369 This subtitle shall apply as of January 1, 2021. 4370 SUBTITLE C. BALLPARK REVENUE FUND 4371 Sec. 7021. Short title. 4372 This subtitle may be cited as the “Ballpark Revenue Fund Excess Revenue Congressional 4373 Review Emergency Amendment Act of 2020”. 4374 Sec. 7022. Section 102(d) of the Ballpark Omnibus Financing and Revenue Act of 2004, 4375 effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1601.02(d)), is amended by 4376 striking the phrase “due on the bonds.” and inserting the phrase “due on the bonds; provided, that 4377 204 any excess that accrues during Fiscal Year 2020, Fiscal Year 2021, or Fiscal Year 2022 shall be 4378 deposited in the unrestricted fund balance of the General Fund during the fiscal year in which it 4379 accrues.” in its place. 4380 SUBTITLE D. EVENTS DC AUTHORITY 4381 Sec. 7031. Short title. 4382 This subtitle may be cited as the “Events DC Authority Congressional Review 4383 Emergency Amendment Act of 2020”. 4384 Sec. 7032. Title II of the Washington Convention Center Authority Act of 1994, effective 4385 September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1202.01 et seq.), is amended as 4386 follows: 4387 (a) Section 203 (D.C. Official Code § 10-1202.03) is amended as follows: 4388 (1) Paragraph (10K) is amended by striking the period and inserting a semicolon 4389 in its place. 4390 (2) A new paragraph (10L) is added to read as follows: 4391 “(10L) To issue grants pursuant to section 208(h) to support go-go music in the 4392 District of Columbia.”. 4393 (b) Section 204(m) (D.C. Official Code § 10-1202.04(m)), is amended by striking the 4394 phrase “Fiscal Year 2019 or Fiscal Year 2020” and inserting the phrase “Fiscal Year 2020 or 4395 Fiscal Year 2021” in its place. 4396 (c) Section 208 (D.C. Official Code § 10-1202.08) is amended by adding a new 4397 subsection (h) to read as follows: 4398 205 “(h) For Fiscal Year 2021, the Authority shall issue not less than $1 million in grants 4399 from the Convention Center Fund to support go-go related programming, branding, tourism, and 4400 marketing; provided, that funds are available for such purpose and that the Authority first satisfy 4401 its current liabilities and legally required reserves, which shall not include the elective purchase 4402 or redemption of outstanding indebtedness, unless such purchase or redemption is for the 4403 purpose of securing a lower cost of borrowing and lower debt service payments.”. 4404 SUBTITLE E. PARKSIDE PARCEL E AND J MIXED-INCOME APARTMENTS 4405 TAX ABATEMENT 4406 Sec. 7041. Short title. 4407 This subtitle may be cited as the “Parkside Parcel E and J Mixed-Income Apartments 4408 Tax Abatement Congressional Review Emergency Amendment Act of 2020”. 4409 Sec. 7042. Section 47-4658 of the District of Columbia Official Code is amended as 4410 follows: 4411 (a) Subsection (b) is amended by striking the number “2020” and inserting the number 4412 “2022” in its place. 4413 (b) Subsection (c) is amended by striking the number “2020” and inserting the number 4414 “2022” in its place. 4415 SUBTITLE F. OFF-PREMISES ALCOHOL TAX RATE 4416 Sec. 7051. Short title. 4417 This subtitle may be cited as the “Off-Premises Alcohol Tax Rate Congressional Review 4418 Emergency Amendment Act of 2020”. 4419 4420 206 Sec. 7052. Section 47-2002(a) of the District of Columbia Official Code is amended as 4421 follows: 4422 (a) Paragraph (3)(A) is amended by striking the phrase “defined in § 47-2001(g-1)” and 4423 inserting the phrase “defined in § 47-2001(g-1) or spirituous or malt liquors, beer, and wine sold 4424 by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 4425 25-113.01(f) or (g)” in its place. 4426 (b) Paragraph (3A) is amended by striking the phrase “where sold” and inserting the 4427 phrase “where sold, unless sold by an alcoholic beverage licensee acting under authority of §§ 4428 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. 4429 Sec. 7053. Section 47-2202(a) of the District of Columbia Official Code is amended as 4430 follows: 4431 (a) Paragraph (3)(A) is amended by striking the phrase “defined in § 47-2001(g-1)” and 4432 inserting the phrase “defined in § 47-2001(g-1) or spirituous or malt liquors, beer, and wine sold 4433 by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 4434 25-113.01(f) or (g)” in its place. 4435 (b) Paragraph (3A) is amended by striking the phrase “where sold” and inserting the 4436 phrase “where sold, unless sold by an alcoholic beverage licensee acting under authority of §§ 4437 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. 4438 SUBTITLE G. SUBJECT-TO-APPROPRIATIONS REPEALS AND 4439 MODIFICATIONS 4440 Sec. 7061. Short title. 4441 207 This subtitle may be cited as the “Subject-to-Appropriations Repeals and Modifications 4442 Congressional Review Emergency Amendment Act of 2020”. 4443 Sec. 7062. Section 3 of the DC HealthCare Alliance Recertification Simplification 4444 Amendment Act of 2017, effective December 13, 2017 (D.C. Law 22-35; 64 DCR 10929), is 4445 repealed. 4446 Sec. 7063. Section 3 of the East End Certificate of Need Maximum Fee Establishment 4447 Amendment Act of 2018, effective October 30, 2018 (D.C. Law 22-176; 65 DCR 9552), is 4448 repealed. 4449 Sec. 7064. Section 301(a) of the Birth-to-Three for All DC Amendment Act of 2018, 4450 effective October 30, 2018 (D.C. Law 22-179; 65 DCR 9569), is amended by striking the phrase 4451 “107(b),” and inserting the phrase “107,” in its place. 4452 Sec. 7065. Section 8 of the Tipped Wage Workers Fairness Amendment Act of 2018, 4453 effective December 13, 2018 (D.C. Law 22-196; 65 DCR 12049), is repealed. 4454 Sec. 7066. The Ensuring Community Access to Recreational Spaces Act of 2018, 4455 effective February 22, 2019 (D.C. Law 22-210; D.C. Official Code § 38-431 et seq.), is amended 4456 as follows: 4457 (a) Section 4(b) (D.C. Official Code § 38-433(b)) is amended by striking the phrase 4458 “Within 180 days after February 22, 2019, the Mayor” and inserting the phrase “The Mayor” in 4459 its place. 4460 (b) A new section 7a is added to read as follows: 4461 “Sec. 7a. Applicability. 4462 208 “(a) Section 4 shall apply upon the date of inclusion of its fiscal effect in an approved 4463 budget and financial plan. 4464 “(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 4465 in an approved budget and financial plan, and provide notice to the Budget Director of the 4466 Council of the certification. 4467 “(c)(1) The Budget Director shall cause the notice of the certification to be published in 4468 the District of Columbia Register. 4469 “(2) The date of publication of the notice of the certification shall not affect the 4470 applicability of section 4.”. 4471 Sec. 7067. Section 3 of the Boxing and Wrestling Commission Amendment Act of 2018, 4472 effective February 22, 2019 (D.C. Law 22-228; 66 DCR 200), is repealed. 4473 Sec. 7068. The Senior Strategic Plan Amendment Act of 2018, effective March 28, 2019 4474 (D.C. Law 22-267; 66 DCR 1428), is amended by adding a new section 3a to read as follows: 4475 “Sec. 3a. Applicability. 4476 “(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 4477 budget and financial plan. 4478 “(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 4479 in an approved budget and financial plan, and provide notice to the Budget Director of the 4480 Council of the certification. 4481 “(c)(1) The Budget Director shall cause the notice of the certification to be published in 4482 the District of Columbia Register. 4483 209 “(2) The date of publication of the notice of the certification shall not affect the 4484 applicability of this act.”. 4485 Sec. 7069. Section 5 of the Public Restroom Facilities Installation and Promotion Act of 4486 2018, effective April 11, 2019 (D.C. Law 22-280; 66 DCR 1595), is amended to read as follows: 4487 “Sec. 5. Applicability. 4488 “(a) Section 4 shall apply upon the date of inclusion of its fiscal effect in an approved 4489 budget and financial plan. 4490 “(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 4491 in an approved budget and financial plan and provide notice to the Budget Director of the 4492 Council of the certification. 4493 “(c)(1) The Budget Director shall cause the notice of the certification to be published in 4494 the District of Columbia Register. 4495 “(2) The date of publication of the notice of the certification shall not affect the 4496 applicability of section 4.”. 4497 Sec. 7070. Section 5 of the Sports Wagering Lottery Amendment Act of 2018, effective 4498 May 3, 2019 (D.C. Law 22-312; 66 DCR 1402), is repealed. 4499 Sec. 7071. Section 4 of the Mypheduh Films DBA Sankofa Video and Books Real 4500 Property Tax Exemption Act of 2019, effective September 11, 2019 (D.C. Law 23-24; 66 DCR 4501 9759), is repealed. 4502 Sec. 7072. Section 3 of the Certificate of Need Fee Reduction Amendment Act of 2019, 4503 effective March 10, 2020 (D.C. Law 23-60; 67 DCR 568), is repealed. 4504 4505 210 Sec. 7073. Section 3 of the Electronic Medical Order for Scope of Treatment Registry 4506 Amendment Act of 2019, effective March 10, 2020 (D.C. Law 23-62; 67 DCR 574), is repealed. 4507 Sec. 7074. Section 5 of the Housing Conversion and Eviction Clarification Amendment 4508 Act of 2020, effective April 16, 2020 (D.C. Law 23-72; 67 DCR 2476), is repealed. 4509 Sec. 7075. Section 5 of the Urban Farming Land Lease Amendment Act of 2020, 4510 effective April 16, 2020 (D.C. Law 23-80; 67 DCR 2494), is repealed. 4511 Sec. 7076. Section 4 of the Office on Caribbean Affairs Establishment Act of 2020, 4512 effective May 6, 2020 (D.C. Law 23-87; 67 DCR 3534), is repealed. 4513 Sec. 7077. Section 3 of the Strengthening Reproductive Health Protections Amendment 4514 Act of 2020, effective May 6, 2020 (D.C. Law 23-90; 67 DCR 3537), is repealed. 4515 Sec. 7078. Section 6 of the Certified Professional Midwife Amendment Act of 2020, 4516 effective June 17, 2020, (D.C. Law 23-97; 67 DCR 3912), is repealed. 4517 Sec. 7079. Section 3 of the Leave to Vote Amendment Act of 2020, effective June 24, 4518 2020 (D.C. Law 23-110; 67 DCR 5057), is repealed. 4519 Sec. 7080. Section 3 of the Transportation Benefits Equity Amendment Act of 2020, 4520 effective June 24, 2020 (D.C. Law 23-113; 67 DCR 5069), is repealed. 4521 Sec. 7081. Section 3 of the Professional Art Therapist Licensure Amendment Act of 4522 2020, effective June 24, 2020, (D.C. Law 23-115; 67 DCR 5077), is repealed. 4523 Sec. 7082. Section 6 of the Ivory and Horn Trafficking Prohibition Act of 2020, effective 4524 August 6, 2020 (D.C. Law 23-126; 67 DCR 5060), is repealed. 4525 4526 211 SUBTITLE H. COUNCIL PERIOD 23 RULE 736 AND OTHER REPEALS 4527 Sec. 7091. Short title. 4528 This subtitle may be cited as the “Council Period 23 Rule 736 and Other Repeals 4529 Congressional Review Emergency Amendment Act of 2020”. 4530 Sec. 7092. Section 1013(g) of the Innovation Fund Establishment Act of 2013, effective 4531 December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-325.222(g)), is repealed. 4532 Sec. 7093. The Health Care Provider Facility Expansion Program Establishment Act of 4533 2018, effective May 5, 2018 (D.C. Law 22-97; D.C. Official Code § 7-1941.01 et seq.), is 4534 repealed. 4535 Sec. 7094. Section 202 of the Ballpark Omnibus Financing and Revenue Act of 2004, 4536 effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1602.02), is repealed. 4537 Sec. 7095. The School Health Innovations Grant Program Amendment Act of 2018, 4538 effective May 5, 2018 (D.C. Law 22-98; D.C. Official Code § 38-671.01 et seq.), is repealed. 4539 Sec. 7096. Section 3602(d) of the Restrictions on the Use of Official Vehicles Act of 4540 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 50-204(d)), is 4541 repealed. 4542 Sec. 7097. Sections 103 and 105(c) of the Employee Transportation Amendment Act of 4543 2012, effective March 5, 2013 (D.C. Law 19-223; D.C. Official Code §§ 50-211.03 and 50- 4544 211.05(c)), are repealed. 4545 Sec. 7099. The Exhaust Emissions Inspection Amendment Act of 2017, effective January 4546 25, 2018 (D.C. Law 22-47; 64 DCR 12403) is repealed. 4547 4548 212 Sec. 7100. The DC Healthcare Alliance Re-Enrollment Reform Amendment Act of 2017, 4549 effective February 17, 2018 (D.C. Law 22-62; 65 DCR 9), is repealed. 4550 Sec. 7101. The Ballpark Fee Forgiveness Act of 2017, effective February 28, 2018 (D.C. 4551 Law 22-64; 65 DCR 328), is repealed. 4552 Sec. 7102. Section 2(nn) and (oo) of the Homeless Services Reform Amendment Act of 4553 2017, effective February 28, 2018 (D.C. Law 22-65; 65 DCR 331), is repealed. 4554 Sec. 7103. The East End Commercial Real Property Tax Rate Reduction Amendment Act 4555 of 2018, effective March 29, 2018 (D.C. Law 22-81; 65 DCR 1582), is repealed. 4556 Sec. 7104. The Relieve High Unemployment Tax Incentives Act of 2018, effective April 4557 25, 2018 (D.C. Law 22-85; 65 DCR 1805), is repealed. 4558 Sec. 7105. The Telehealth Medicaid Expansion Amendment Act of 2018, effective July 4559 3, 2018 (D.C. Law 22-126; 65 DCR 5110), is repealed. 4560 Sec. 7106. The Expenditure Commission Establishment Act of 2019, effective September 4561 11, 2019 (D.C. Law 23-16; 66 DCR 8621), is repealed. 4562 SUBTITLE I. DISTRICT HISTORY GRANT 4563 Sec. 7111. Short title. 4564 This subtitle may be cited as the “District History Grant Congressional Review 4565 Emergency Act of 2020”. 4566 Sec. 7112. (a) The Washington Convention and Sports Authority (“Events DC”) 4567 shall award a grant to a nonprofit organization occupying space in the Carnegie Library 4568 building that is engaged in collecting, interpreting, and sharing the history of the District. 4569 213 (b) In Fiscal Year 2021, of the funds allocated to the Non-Departmental Account, 4570 $100,000 shall be transferred to Events DC to use for the grant authorized by subsection 4571 (a) of this section. 4572 (c) A grant awarded pursuant to this section shall be in addition to any other grant 4573 awarded by Events DC in support of historical education and research. 4574 SUBTITLE J. NATIONAL CHERRY BLOSSOM FESTIVAL FUNDRAISING 4575 MATCH 4576 Sec. 7121. Short title. 4577 This subtitle may be cited as the “National Cherry Blossom Festival Fundraising 4578 Match Congressional Review Emergency Act of 2020”. 4579 Sec. 7122. National Cherry Blossom Festival Fundraising. 4580 (a) There is established a matching grant program to support the 2021 National 4581 Cherry Blossom Festival (“Program”), which shall be administered by the Washington 4582 Convention and Sports Authority (“Events DC”). Under the Program, a matching grant 4583 shall be awarded to a nonprofit organization that organizes and produces an event or 4584 events as part of the official, month-long National Cherry Blossom Festival (“Festival”) 4585 of up to $1,000,000 at a rate of $2 for every dollar that the organization has raised in 4586 donations by April 30, 2021. 4587 (b) In Fiscal Year 2021, of the funds allocated to the Non-Departmental Account, 4588 $1,000,000 shall be transferred to Events DC to use for the grant authorized by 4589 subsection (a) of this section. 4590 214 (c) A grant awarded pursuant to this section shall be in addition to any other grant 4591 awarded by Events DC in support of the Festival. 4592 SUBTITLE K. MOTOR VEHICLE FUEL TAX 4593 Sec. 7131. Short Title. 4594 This subtitle may be cited as the “Motor Vehicle Fuel Tax Congressional Review 4595 Emergency Amendment Act of 2020”. 4596 Sec. 7132. Chapter 23 of Title 47 of the District of Columbia Official Code is amended as 4597 follows: 4598 (a) Section 47-2301 is amended as follows: 4599 (1) Subsection (a) is amended by adding a new paragraph (4) to read as follows: 4600 “(4) This subsection shall not apply after September 30, 2020.”. 4601 (2) A new subsection (a-1) is added to read as follows: 4602 “(a-1)(1) The District shall levy and collect a tax and a local transportation surcharge 4603 (“surcharge”) on motor vehicle fuels sold or otherwise disposed of by an importer or by a user, 4604 or used for commercial purposes. 4605 “(2) As of October 1, 2020: 4606 “(A) The rate of tax shall be $.235 per gallon; and 4607 “(B) The surcharge shall be $.053 per gallon; 4608 “(3) As of October 1, 2021, the surcharge shall be $.103 per gallon, increased 4609 annually, beginning with the fiscal year commencing on October 1, 2022, by the cost-of-living 4610 adjustment.”. 4611 (3) Subsection (c) is amended to read as follows: 4612 215 “(c) The Chief Financial Officer of the District of Columbia shall: 4613 “(1) Transfer annually to the District of Columbia Highway Trust Fund the 4614 proceeds of the taxes imposed under subsection (a) and (a-1) of this section; and 4615 “(2) Transfer to the Capital Improvements Program the revenue derived from the 4616 surcharge under subsection (a-1) to fund the renovation, repair, and maintenance of local 4617 transportation infrastructure.”. 4618 (b) Section 47-2302 is amended by adding a new paragraph (24) to read as follows: 4619 “(24)(A) “Cost-of-living adjustment” means the ratio of CPI for the preceding 4620 calendar year and the CPI for the base year. 4621 “(B) For the purposes of this paragraph, the term: 4622 “(i) "Base year" means the calendar year ending December 31, 4623 2020. 4624 “(ii) "CPI" means the average of the Consumer Price Index for All 4625 Urban Consumers for the Washington-Arlington-Alexandria, DC-MD-VA-WV Metropolitan 4626 Statistical Area (or such successor metropolitan statistical area that includes the District) for the 4627 preceding calendar year.”. 4628 Sec. 7133. Section 102a of the Highway Trust Fund Establishment Act of 1996, effective 4629 October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 9-111.01a), is amended by adding a new 4630 subsection (c) to read as follows: 4631 “(c) Revenue derived from the local transportation surcharge on motor vehicle fuels sold 4632 or otherwise disposed of by an importer or by a user, or used for commercial purposes, pursuant 4633 216 to D.C. Official Code § 47-2301(a-1), shall be transferred to the Capital Improvements Program 4634 to fund the renovation, repair, and maintenance of local transportation infrastructure.”. 4635 SUBTITLE L. NEW COMMUNITIES CLARIFICATION 4636 Sec. 7141. Short title. 4637 This subtitle may be cited as the “New Communities Bond Clarification Congressional 4638 Review Emergency Amendment Act of 2020”. 4639 Sec. 7142. Section 203(b) of the Housing Production Trust Fund Act of 1988, effective 4640 October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 42-2812.03(b)), is amended to read as 4641 follows: 4642 “(b)(1) The bonds, which may be issued from time to time, in one or more series, shall be 4643 tax-exempt or taxable as the Mayor shall determine. 4644 “(2) The total amount of funds allocated annually from the Housing Production 4645 Trust Fund to pay debt service on the bonds shall not exceed $16 million.”. 4646 SUBTITLE M. QHTC TAX INCENTIVES MODIFICATION 4647 Sec. 7151. Short Title. 4648 This subtitle may be cited as the “QHTC Tax Incentives Modification Congressional 4649 Review Emergency Amendment Act of 2020”. 4650 Sec. 7152. Title 47 of the District of Columbia Official Code is amended as follows: 4651 (a) Section 47-1508(a)(10) is repealed. 4652 (b) Chapter 18 is amended as follows: 4653 (1) Section 47-1803.03(a)(18) is amended as follows: 4654 217 (A) Subparagraph (A) is amended by striking the phrase “the lesser of 4655 $25,000 (or $40,000 in the case of a Qualified High Technology Company (“QHTC”))” and 4656 inserting the phrase “the lesser of $25,000” in its place. 4657 (B) Subparagraph (B) is repealed. 4658 (2) Section 47-1817.01(5)(A)(ii) is amended by striking the number “2” and 4659 inserting the number “10” in its place. 4660 (3) Section 47-1817.02 is repealed. 4661 (4) Section 47-1817.03 is amended as follows: 4662 (A) Subsection (a) is amended by striking the phrase “imposed by § 47- 4663 1817.06” and inserting the phrase “imposed by § 47-1807.02” in its place. 4664 (B) Subsection (a-1) is amended by striking the phrase “imposed by § 47- 4665 1817.06” and inserting the phrase “imposed by § 47-1807.02” in its place. 4666 (5) Section 47-1817.04 is amended as follows: 4667 (A) Subsection (d) is amended by striking the figure “$20,000” and 4668 inserting the figure “$10,000” in its place. 4669 (B) Subsection (e) is repealed. 4670 (6) Section 47-1817.05(c) is repealed. 4671 (7) Section 47-1817.06 is repealed. 4672 (8) Section 47-1817.07 is repealed. 4673 (9) Section 47-1817.07a is amended by striking the phrase “For tax years 4674 beginning after December 31, 2018, notwithstanding” and inserting the phrase “For the tax year 4675 218 beginning after December 31, 2018 and ending before January 1, 2020, and for tax years 4676 beginning after December 31, 2024, notwithstanding” in its place. 4677 (10) Section 47-1818.06(3) is repealed. 4678 Sec. 7153. Applicability. 4679 This subtitle shall apply as of the effective date of this act, except that section 7152(a) 4680 shall apply as of July 1, 2021. 4681 SUBTITLE N. ADAMS MORGAN BID 4682 Sec. 7161. Short title. 4683 This subtitle may be cited as the “Adams Morgan Business Improvement District 4684 Congressional Review Emergency Amendment Act of 2020”. 4685 Sec. 7162. Section 206(c) of the Business Improvement District Act of 1996, effective 4686 March 8, 2006 (D.C. Law 16-56; D.C. Official Code § 2-1215.56(c)), is amended to read as 4687 follows: 4688 “(c) The BID taxes for the taxable properties in the Adams Morgan BID shall not exceed 4689 $.21 for each $100 in assessed value for all taxable properties and all commercial portions of 4690 mixed use properties; provided, that any change in the BID taxes from the current tax year rates 4691 shall be made subject to the requirements of section 9.”. 4692 SUBTITLE O. SKYLAND TAX EXEMPTION 4693 Sec. 7171. This subtitle may be cited as the “Skyland Tax Exemption Congressional 4694 Review Emergency Amendment Act of 2020”. 4695 Sec. 7172. Section 302 of the District of Columbia Deed Recordation Tax Act, approved 4696 March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1102), is amended as follows: 4697 219 (a) Paragraph (34) is amended by striking the phrase “; and” and inserting a semicolon in 4698 its place. 4699 (b) Paragraph (35) is amended by striking the period at the end and inserting the phrase “; 4700 and” in its place. 4701 (c) A new paragraph (36) is added to read as follows: 4702 “(36)(A) Deeds conveying, vesting, granting, or assigning title to, an interest in, a 4703 security interest in, or an economic interest in the real property (and any improvements thereon) 4704 described as Square 5633, Lots 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 4705 815, 816, 817, 818, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 7000, 7009, and 7010 that 4706 are recorded between October 1, 2020, and December 31, 2020. 4707 “(B) The amount of all taxes, fees, and deposits exempted under this 4708 paragraph and D.C. Official Code § 47-902(28), shall not exceed, in the aggregate, $420,840.”. 4709 Sec. 7173. Section 47-902 of the District of Columbia Official Code is amended by 4710 adding a new paragraph (28) to read as follows: 4711 “(28)(A) Transfers with respect to the real property (and any improvements 4712 thereon) described as Square 5633, Lots 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 4713 813, 814, 815, 816, 817, 818, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 7000, 7009, and 4714 7010, as evidenced by the recordation of a deed conveying title to the real property between 4715 October 1, 2020, and December 31, 2020. 4716 “(B) The amount of all taxes, fees, and deposits exempted under this 4717 paragraph and § 42-1102(36), shall not exceed, in the aggregate, $420,840.”. 4718 4719 220 SUBTITLE P. COMBINED REPORTING TAX DEDUCTION DELAY 4720 Sec. 7181. Short title. 4721 This subtitle may be cited as the “Combined Reporting Tax Deduction Delay 4722 Congressional Review Emergency Amendment Act of 2020”. 4723 Sec. 7182. Section 47-1810.08(b) of the District of Columbia Official Code is amended 4724 as follows: 4725 (a) Paragraph (1) is amended by striking the phrase “beginning with the 10th year of the 4726 combined filing” and inserting the phrase “beginning with the 15th year of the combined filing” 4727 in its place. 4728 (b) Paragraph (2) is amended by striking the number “2015” and inserting the number 4729 “2020” in its place. 4730 SUBTITLE Q. ESTATE TAX ADJUSTMENT 4731 Sec. 7191. Short title. 4732 This subtitle may be cited as the “Estate Tax Adjustment Congressional Review 4733 Emergency Amendment Act of 2020”. 4734 Sec. 7192. Section 47-3701 of the District of Columbia Official Code is amended as 4735 follows: 4736 (a) Paragraph (4) is amended as follows: 4737 (1) Subparagraph (E) is amended by striking the phrase “dying after December 4738 31, 2017” and inserting the phrase “whose death occurs after December 31, 2017, but before 4739 January 1, 2021” in its place. 4740 (2) A new subparagraph (F) is added to read as follows: 4741 221 “(F) For a decedent whose death occurs after December 31, 2020: 4742 “(i) The maximum amount of credit for state death taxes allowed 4743 by section 2011 of the Internal Revenue Code; 4744 “(ii) The amount of the unified credit shall be $1,545,800, 4745 increased annually, beginning with the year commencing on January 1, 2022, by the cost-of- 4746 living adjustment; and 4747 “(iii) An estate tax return shall not be required to be filed if the 4748 decedent’s gross estate does not exceed the applicable zero bracket amount.”. 4749 (b) Paragraph (14) is amended as follows: 4750 (1) Subparagraph (B) is amended by striking the phrase “; or” and inserting a 4751 semicolon in its place. 4752 (2) Subparagraph (C) is amended as follows: 4753 (A) Strike the phrase “after December 31, 2017” and insert the phrase 4754 “after December 31, 2017, but before January 1, 2021” in its place. 4755 (B) Strike the period at the end and insert the phrase “; or” in its place. 4756 (3) A new subparagraph (D) is added to read as follows: 4757 “(D) For a decedent whose death occurs after December 31, 2020, $4 4758 million, increased annually, beginning with the year commencing on January 1, 2022, by the 4759 cost-of-living adjustment.”. 4760 SUBTITLE R. DISTRICT OF COLUMBIA LOW-INCOME HOUSING TAX 4761 CREDIT CLARIFICATION 4762 Sec. 7201. Short title. 4763 222 This subtitle may be cited as the “District of Columbia Low-Income Housing Tax Credit 4764 Clarification Congressional Review Emergency Amendment Act of 2020”. 4765 Sec. 7202. Chapter 48 of Title 47 of the District of Columbia Official Code is amended as 4766 follows: 4767 (a) The table of contents is amended by striking the phrase “47-4806. Transfer, sale, or 4768 assignment” and inserting the phrase “47-4806. Transfer, sale, assignment, or allocation” in its 4769 place. 4770 (b) Section 47-4801 is amended as follows: 4771 (1) A new paragraph (1A) is added to read as follows: 4772 “(1A) “Commissioner” means the Commissioner of the Department of Insurance, 4773 Securities, and Banking.”. 4774 (2) Paragraph (3) is amended by striking the phrase “cause the construction of 4775 affordable housing” and inserting the phrase “cause the acquisition, rehabilitation, or 4776 construction of affordable housing” in its place. 4777 (3) Paragraph (6) is amended by striking the phrase ““Low-Income Housing Tax 4778 Credit Program” means the program authorized by section 42 of the Internal Revenue Code of 4779 1986” and inserting the phrase ““Federal low-income housing tax credit” means a tax credit 4780 claimed pursuant to section 42 of the Internal Revenue Code of 1986” in its place. 4781 (4) Paragraph (7) is repealed. 4782 (5) Paragraph (8) is amended by striking the phrase “a rental housing 4783 development that receives an allocation of federal Low-Income Housing Tax Credits from the 4784 Department” and inserting the phrase “a rental housing development in the District that receives 4785 223 an allocation of federal low-income housing tax credits under section 42(h)(1) or (4) of the 1986 4786 Internal Revenue Code (26 U.S.C. § 42(h)(1) or (4)) after October 1, 2021, and receives an 4787 executed extended low-income housing commitment pursuant to section 42(h)(6)(B) of the 1986 4788 Internal Revenue Code (26 U.S.C. § 42(h)(6)(B)) from the Department dated on or after October 4789 1, 2021”. 4790 (c) Section 47-4802 is amended as follows: 4791 (1) Subsection (a) is amended to read as follows: 4792 “(a) There is established a District of Columbia low-income housing tax credit.”. 4793 (2) Subsection (b) is repealed. 4794 (3) Subsection (c) is repealed. 4795 (4) Subsection (d) is amended by striking the phrase “tax credit award” and 4796 inserting the phrase “tax credit” in its place. 4797 (d) Section 47-4803 is amended as follows: 4798 (1) Subsection (a) is amended to read as follow: 4799 “(a) An owner of a qualified project may receive a District of Columbia low-income 4800 housing tax credit with respect to that qualified project in an amount equal to 25% of the value of 4801 the federal low-income housing tax credit received with respect to the qualified project.”. 4802 (2) Subsection (b) is amended to read as follows: 4803 “(b)(1) If the owner of a qualified project transfers, sells, or assigns a District of 4804 Columbia low-income housing tax credit to another taxpayer, pursuant to § 47-4806, the District 4805 of Columbia low-income housing tax credit shall not be taken, pursuant to subsection (c) of this 4806 224 section, against taxes imposed under this title unless the owner has filed with the Department, in 4807 a form determined by the Department, an affidavit certifying that: 4808 “(A) The owner of the qualified project received, as consideration for 4809 transferring, selling, or assigning the District of Columbia low-income housing tax credit, at least 4810 80% of the per dollar sale price for a federal low-income housing tax credit associated with the 4811 qualified project that the owner has transferred, sold, or assigned; and 4812 “(B) The value received by the owner of the qualified project was used to 4813 ensure financial feasibility of the qualified project. 4814 “(2) The Department shall deliver to the Chief Financial Officer and the 4815 Commissioner an annual report certifying the ongoing eligibility of an eligible project to receive 4816 federal low-income housing tax credits.”. 4817 (3) Subsection (c) is amended to read as follows: 4818 “(c)(1) The District of Columbia low-income housing tax credit may be claimed against 4819 taxes imposed under Chapter 18 of this title or § 47-2608(a)(1). 4820 “(2) The District of Columbia low-income housing tax credit may be claimed 4821 equally for 10 years, subtracted from the tax otherwise due for each taxable period and shall not 4822 be refundable; provided, that the credit may not be taken against any tax that is dedicated in 4823 whole or in part to the Healthy DC and Heath Care Expansion Fund established by § 31- 4824 3514.02.”. 4825 “(3) If the District of Columbia low-income housing tax credit is claimed against 4826 taxes imposed under Chapter 18 of this title, any amount of the low-income housing tax credit 4827 that exceeds the tax due for a taxable year may be carried forward to any of the 10 remaining 4828 225 subsequent taxable years for taxes imposed under Chapter 18 of this title. If the District of 4829 Columbia low-income housing tax credit is claimed against taxes imposed under § 47- 4830 2608(a)(1), any amount of the credit that exceeds the tax due for a taxable year may be carried 4831 forward to any of the 10 remaining subsequent taxable years for taxes imposed under § 47- 4832 2608(a)(1).”. 4833 (4) Subsection (d)(1) is amended by striking the phrase “allocated to parties who 4834 are eligible under the provisions of subsection (a) of this section” and inserting the phrase 4835 “transferred, sold, assigned, or allocated to parties who are eligible pursuant to Chapter 48 of 4836 Title 47 of the District of Columbia Official Code” in its place. 4837 (5) Subsection (e) is amended as follows: 4838 (A) The lead-in language is amended by striking the phrase “submitted to 4839 the Chief Financial Officer as provided in this section” and inserting the phrase “submitted to the 4840 Chief Financial Officer and the Commissioner as provided in this section” in its place. 4841 (B) Paragraph (2) is amended by striking the phrase “each taxpayer 4842 subject to the recapture” and inserting the phrase “each transferee, purchaser, assignee, or party 4843 to whom a credit is allocated” in its place. 4844 (C) Paragraph (3) is amended by striking the phrase “allocated to such 4845 taxpayer” and inserting the phrase “allocated to such transferee, purchaser, assignee, or party to 4846 whom a credit is allocated” in its place. 4847 (6) Subsection (f)(1) is amended by striking the phrase “A tax credit allowed 4848 under this section shall not be denied to the taxpayer with respect to any qualified project” and 4849 226 inserting the phrase “A District of Columbia low-income housing tax credit allowed under this 4850 section shall not be denied with respect to any qualified project” in its place. 4851 (e) Section 47-4804 is amended as follows: 4852 (1) Subsection (a) is amended to read as follows: 4853 “(a) The owner of a qualified project eligible for the District of Columbia low-income 4854 housing tax credit shall submit a copy of the eligibility statement issued by the Department with 4855 respect to the qualified project at the time of filing the return required to be filed by the owner 4856 pursuant to § 47-1805.02. In the case of failure to attach the eligibility statement, a credit under 4857 this section shall not be allowed with respect to such qualified project for that year until the copy 4858 is provided to the Chief Financial Officer and the Commissioner.”. 4859 (2) Subsection (b) is amended by striking the phrase “such qualified District of 4860 Columbia project shall also be recaptured” and inserting the phrase “such qualified District of 4861 Columbia project shall also be recaptured by the Office of Chief Financial Officer or 4862 Commissioner of Insurance, Securities, and Banking” in its place. 4863 (f) Section 47-4805 is amended by striking the phrase “The Chief Financial Officer or the 4864 Department may require” and inserting the phrase “The Chief Financial Officer, the 4865 Commissioner, or the Department may require” in its place. 4866 (g) Section 47-4806 is amended as follows: 4867 (1) The section heading is amended by striking the phrase “Transfer, sale, or 4868 assignment” and inserting the phrase “Transfer, sale, assignment, or allocation” in its place. 4869 (2) Subsection (a) is amended as follows: 4870 (A) The existing text is designated as paragraph (1) and amended 4871 227 to read as follows: 4872 “(1) All or any portion of credits issued in accordance with the provisions of 4873 this section may be transferred, sold, or assigned to another taxpayer. There is no limit on the 4874 total number of transactions for the transfer, sale, or assignment of all or part of the total credit 4875 authorized under this section. Collectively, all transfers, sales, assignments, and allocations 4876 pursuant to paragraph (2) of this subsection are subject to the maximum credit allowable to a 4877 particular qualified project.”. 4878 (B) A new paragraph (2) is added to read as follows: 4879 “(2) A tax credit earned or purchased by, or transferred or assigned to, a 4880 partnership, limited liability company, S corporation, or other pass-through entity may be 4881 allocated to the partners, members, or shareholders of that entity in accordance with the 4882 provisions of any agreement among the partners, members, or shareholders and without 4883 regarding to the ownership interest of the partners, members, or shareholders in the qualified 4884 project. A partner, member, or shareholder to whom a tax credit is allocated may further allocate 4885 all or part of the allocated credit as provided in this subsection or may transfer, sell, or assign the 4886 allocated credit as provided in paragraph (1) of this subsection. There is no limit on the total 4887 number of allocations of all or part of the total credit authorized under this section; however, 4888 collectively, all transfers, sales, assignments, and allocations, made pursuant to this subsection, 4889 are subject to the maximum credit allowable to a particular qualified project.”. 4890 (3) Subsection (b) is amended to read as follows: 4891 “(b) An owner, transferee, purchaser, assignee, or taxpayer to whom a tax credit is 4892 allocated pursuant to subsection (a)(2) of this section, desiring to make a transfer, sale, 4893 228 assignment, or allocation pursuant to subsection (a)(2) of this section, shall submit to the Chief 4894 Financial Officer and the Commissioner a statement that describes the amount of District of 4895 Columbia low-income housing tax credit for which such transfer, sale, assignment, or allocation 4896 of District of Columbia low-income housing tax credit is eligible. The owner, transferor, seller, 4897 assignor, or taxpayer who is allocating, pursuant to subsection (a)(2) of this section, the tax 4898 credit, as applicable, shall provide to the Chief Financial Officer and the Commissioner 4899 appropriate information so that the low-income housing tax credit can be properly allocated.”. 4900 (4) Subsection (c)(3) is amended to read as follows: 4901 “(3) Amount of credit previously transferred, sold, assigned, or allocated to such 4902 transferee, purchaser, assignee, or taxpayer to whom a credit is allocated.”. 4903 (h) Section 47-4807 is amended as follows: 4904 (1) Subsection (a) is amended by striking the phrase “The Department, in 4905 consultation with the Chief Financial Officer, shall monitor” and inserting the phrase “The 4906 Department, in consultation with the Chief Financial Officer and the Commissioner, shall 4907 monitor” in its place. 4908 (2) Subsection (b) is amended by striking the phrase “The Department or the 4909 Chief Financial Officer shall report” and inserting the phrase “The Department, the Chief 4910 Financial Officer, or the Commissioner shall report” in its place. 4911 SUBTITLE S. EXCLUDED WORKERS 4912 Sec. 7211. Short title. 4913 This subtitle may be cited as the “Excluded Workers Congressional Review Emergency 4914 Amendment Act of 2020”. 4915 229 Sec. 7212. Assistance for excluded workers. 4916 The Washington Convention Center Authority Act of 1994, effective September 28, 1994 4917 (D.C. Law 10-188; D.C. Official Code § 10-1201.01 et seq.), is amended by adding a new 4918 section 203a to read as follows: 4919 “Sec. 203a. Assistance for excluded workers. 4920 “(a) During the public health emergency declared in the Mayor’s order dated March 11, 4921 2020 and any extensions thereof, the Washington Convention and Sports Authority (“Events 4922 DC”) shall issue, subject to the availability of funds, grants or contracts to nonprofit entities to 4923 use to provide cash assistance to District residents who are otherwise excluded from District and 4924 federal aid related to COVID-19. To qualify for cash assistance from grants or contracts awarded 4925 pursuant to this section, a District resident shall, at the time of application for assistance under 4926 this section: 4927 “(1) Demonstrate loss of income due to the public health emergency; 4928 “(2)(A) Be ineligible for: 4929 “(i) Unemployment insurance; or 4930 “(ii) COVID-19 relief; or 4931 “(B) Be a returning citizen, as defined by section 2(5) of the Office on Ex- 4932 Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 4933 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1301(5)), whose 4934 incarceration ended not more than 6 months before the time of application for assistance under 4935 this section; and 4936 “(3) Provide a: 4937 230 “(A) Signed certification that the resident’s loss of income stems from the 4938 public health emergency; and 4939 “(B) Proof of residency and eligibility for relief, as determined by Events 4940 DC and consistent with rules and standards for COVID-19 relief programs administered by 4941 Events DC. 4942 “(b) Any entity receiving a grant or contract pursuant to this section may use no more 4943 than 10% of the grant for administrative expenses incurred from administering the cash 4944 assistance program. 4945 “(c) Cash assistance provided to eligible individuals pursuant to this section shall not be 4946 considered in determining eligibility for any means-tested programs administered by the District. 4947 “(d) For the purposes of this section the term: 4948 “(1) “COVID-19” means the disease caused by the novel coronavirus SARS- 4949 CoV-2. 4950 “(2) COVID-19 relief” means means federal monetary unemployment assistance 4951 provided under the Coronavirus Aid, Relief, and Economic Security Act, approved March 27, 4952 2020 (134 Stat. 281; 15 U.S.C. § 9001 et seq.), which shall include tax credits but shall not 4953 include federal Economic Impact Payments or other stimulus relief for which eligibility is not 4954 contingent on the recipient’s employment status.”. 4955 Sec. 7213. Non-taxability. 4956 Section 47-1803.02(a)(2) of the District of Columbia Official Code is amended to add a 4957 new subparagraph (JJ) to read as follows: 4958 231 “(JJ) Cash assistance for excluded workers given pursuant to grants 4959 awarded by the Washington Convention and Sports Authority in 2020.”. 4960 TITLE VIII. SPECIAL PURPOSE AND DEDICATED REVENUE FUNDS 4961 Sec. 8001. Short title. 4962 This subtitle may be cited as the “Designated Fund Transfer Congressional Review 4963 Emergency Act of 2020”. 4964 Sec. 8002. (a) Notwithstanding any provision of law limiting the use of funds in the 4965 accounts listed in the following chart, the Chief Financial Officer shall transfer in Fiscal Year 4966 2021 and in each fiscal year through Fiscal Year 2024 the following recurring amounts from 4967 certified fund balances and other revenue in the identified accounts to the unassigned fund 4968 balance of the General Fund of the District of Columbia: 4969 Agency Code Agency Fund Detail Fund Name FY 2021 -2024 CR0 DCRA 6013 Basic Business License Fund 6,000 CR0 DCRA 6040 Corporate Recordation Fund 12,500 HA0 DPR 0602 Enterprise Fund Account 150,000 HC0 DOH 0605 SHPDA Fees 4,000 HC0 DOH 0632 Pharmacy Protection 5,393 HC0 DOH 0633 Radiation Protection 3,500 HC0 DOH 0643 Board of Medicine 145,493 HC0 DOH 0656 EMS Fees 5,250 KG0 DOEE 0646 Stormwater Fees 2,000 KG0 DOEE 0662 Renewable Energy Development Fund 30,000 KG0 DOEE 6700 Sustainable Energy Trust Fund 40,000 LQ0 ABRA 6017 ABC - Import and Class License Fees 245,368 PO0 OCP 4010 DC Surplus Personal Property Sales Operation 10,000 SR0 DISB 2100 HMO Assessment 17,763 SR0 DISB 2200 Insurance Assessment 120,790 232 SR0 DISB 2350 Securities and Banking Fund 370,403 SR0 DISB 2800 Captive Insurance 82,741 TC0 DFHV 2400 Public Vehicles for Hire 21,000 Total 1,272,201 4970 (b) The amounts identified in subsection (a) of this section shall be made available as set 4971 forth in the approved Fiscal Year 2021 Budget and Financial Plan. 4972 TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE 4973 Sec. 9001. Applicability. 4974 Except as otherwise provided, this act shall apply as of October 20, 2020. 4975 Sec. 9002. Fiscal impact statement. 4976 The Council adopts the fiscal impact statement in the committee report as the fiscal 4977 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 4978 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 4979 Sec. 9003. Effective date. 4980 This act shall take effect following approval by the Mayor (or in the event of veto by the 4981 Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 4982 90 days, as provided for emergency acts of the Council of the District of Columbia in section 4983 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 4984 D.C. Official Code § 1-204.12(a)). 4985

ENROLLED ORIGINAL 1 AN ACT ____________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ____________________ To enact and amend, on an emergency basis, due to congressional review, provisions of law necessary to support the Fiscal Year 2021 budget. TABLE OF CONTENTS TITLE I. GOVERNMENT DIRECTION AND SUPPORT ..................................................... 4 SUBTITLE A. ARCHIVES ADVISORY GROUP .............................................................. 4 SUBTITLE B. AUDIT ENGAGEMENT FUND.................................................................. 5 SUBTITLE C. FREEZE ON PAY INCREASES AND BENEFITS .................................. 5 SUBTITLE D. ADVISORY NEIGHBORHOOD COMMISSIONS TECHNICAL SUPPORT AND ASSISTANCE ............................................................................................ 7 SUBTITLE E. RENEWABLE ENERGY FUTURE ........................................................... 8 SUBTITLE F. DC CENTER FOR THE LGBT COMMUNITY GRANT ........................ 9 SUBTITLE G. ACCESS TO JOBS ....................................................................................... 9 SUBTITLE H. PARALEGAL PROGRAM ESTABLISHMENT ................................... 11 SUBTITLE I. NON-PROFIT FAIRNESS ANALYSIS ..................................................... 11 SUBTITLE J. INDIGENOUS PEOPLES’ DAY................................................................ 12 SUBTITLE K. CAMPAIGN FINANCE REFORM IMPLEMENTATION ................... 12 TITLE II. ECONOMIC DEVELOPMENT AND REGULATION ....................................... 14 SUBTITLE A. BUSINESS RECOVERY TASK FORCE ESTABLISHMENT ............. 14 SUBTITLE B. NEW YORK AVENUE, N.E., RETAIL PRIORITY AREA EXPANSION ......................................................................................................................... 16 SUBTITLE C. OPPORTUNITY ZONE TAX BENEFITS .............................................. 16 SUBTITLE D. STREETSCAPE BUSINESS DEVELOPMENT RELIEF ..................... 18 SUBTITLE E. EQUITY IMPACT ENTERPRISE ESTABLISHMENT ........................ 18 SUBTITLE F. DMPED LIMITED GRANT-MAKING AUTHORITY .......................... 21 SUBTITLE G. TAX ABATEMENTS FOR AFFORDABLE HOUSING ....................... 22 SUBTITLE H. HEALTHCARE WORKFORCE PARTNERSHIP ................................ 25 SUBTITLE I. DC INFRASTRUCTURE ACADEMY EMPLOYER ENGAGEMENT 29 ENROLLED ORIGINAL 2 SUBTITLE J. WORKPLACE LEAVE NAVIGATORS .................................................. 32 SUBTITLE K. SCHOOL YEAR INTERNSHIP PILOT PROGRAM............................ 34 SUBTITLE L. UNEMPLOYMENT INSURANCE MODERNIZATION ...................... 36 SUBTITLE M. TRANSGENDER AND NON-BINARY EMPLOYMENT STUDY ..... 37 SUBTITLE N. TIPPED WAGE WORKERS FAIRNESS CLARIFICATION .............. 39 SUBTITLE O. UNIVERSAL PAID LEAVE FUND ......................................................... 41 SUBTITLE P. SHARED WORK COMPENSATION PROGRAM ................................ 44 SUBTITLE Q. EQUITABLE IMPACT ASSISTANCE FOR LOCAL BUSINESS ...... 51 SUBTITLE R. AFFORDABLE HOUSING LOAN FUND AUTHORIZATION ........... 54 SUBTITLE S. RENT STABILIZATION EXTENSION ................................................... 55 SUBTITLE T. EXPENDITURES FROM THE PUBLIC HOUSING AND STRUCTURAL TRANSFORMATION CAPITAL ACCOUNT ..................................... 56 SUBTITLE U. DC CENTRAL KITCHEN FACILITY GRANT .................................... 57 SUBTITLE V. C&O CANAL GRANT ............................................................................... 58 TITLE III. PUBLIC SAFETY AND JUSTICE ....................................................................... 58 SUBTITLE A. CRIMINAL CODE REFORM COMMISSION ...................................... 58 SUBTITLE B. RESTORATIVE JUSTICE COLLABORATIVE ................................... 59 SUBTITLE C. EMERGENCY MEDICAL SERVICES TRANSPORT CONTRACT . 60 SUBTITLE D. SENIOR POLICE OFFICERS PROGRAM ............................................ 60 SUBTITLE E. OFFICE ON RETURNING CITIZEN AFFAIRS ................................... 60 SUBTITLE F. CONCEALED PISTOL LICENSING REVIEW BOARD ..................... 61 SUBTITLE G. LITIGATION SUPPORT FUND AND GRANT-MAKING AUTHORITY ........................................................................................................................ 62 SUBTITLE H. CHIEF OF POLICE TERM OF OFFICE ............................................... 63 SUBTITLE I. MONSANTO SETTLEMENT ALLOCATION ....................................... 64 SUBTITLE J. ETHICS ENFORCEMENT ........................................................................ 64 TITLE IV. PUBLIC EDUCATION SYSTEMS ....................................................................... 65 SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA INCREASE ....... 65 SUBTITLE B. EDUCATION FACILITY COLOCATION ............................................. 69 SUBTITLE C. CHILD CARE GRANTS............................................................................ 70 SUBTITLE D. UNIVERSITY OF THE DISTRICT OF COLUMBIA FUNDRAISING MATCH ................................................................................................................................. 71 SUBTITLE E. ADULT AND RESIDENTIAL PUBLIC CHARTER SCHOOL STABLIZATION .................................................................................................................. 71 SUBTITLE F. SCHOOL FINANCIAL TRANSPARENCY ............................................ 72 SUBTITLE G. HEALTHY SCHOOLS FUND RESTORATION ................................... 76 SUBTITLE H. WILKINSON SCHOOL DISPOSITION PROCESS .............................. 76 SUBTITLE I. ACADEMIC MIDDLE MENTORING INITIATIVE .............................. 77 SUBTITLE J. TRUANCY PREVENTION AND LITERACY PILOT FUNDING EXTENSION ......................................................................................................................... 77 ENROLLED ORIGINAL 3 SUBTITLE K. DCPS AUTHORITY FOR SCHOOL SECURITY ................................. 78 TITLE V. HUMAN SUPPORT SERVICES ............................................................................ 80 SUBTITLE A. MEDICAID HOSPITAL SUPPLEMENTAL AND DIRECTED PAYMENTS .......................................................................................................................... 80 SUBTITLE B. MEDICAL MARIJUANA PROGRAM ADMINISTRATION .............. 82 SUBTITLE C. STEVIE SELLOWS DIRECT SUPPORT PROFESSIONALS QUALITY IMPROVEMENTS ........................................................................................... 87 SUBTITLE D. MEDICAID RESERVE RE-ESTABLISHMENT ................................... 87 SUBTITLE E. TELEHEALTH REIMBURSEMENT ...................................................... 89 SUBTITLE F. HEALTH PROFESSIONAL RECRUITMENT AND RETENTION .... 89 SUBTITLE G. HEALTH CARE GRANT-MAKING AUTHORITY ............................. 90 TITLE VI. OPERATIONS AND INFRASTRUCTURE ........................................................ 91 SUBTITLE A. OPPORTUNITY ACCOUNTS .................................................................. 91 SUBTITLE B. GREEN BUILDING FUND USE EXPANSION ...................................... 93 SUBTITLE C. [RESERVED] .............................................................................................. 93 SUBTITLE D. PAY-BY-PHONE TRANSACTION FEES FUND .................................. 93 SUBTITLE E. ENVIRONMENTAL SPECIAL PURPOSE REVENUE ACCOUNTS 94 SUBTITLE F. ALCOHOLIC BEVERAGE SALES AND DELIVERY ......................... 96 SUBTITLE G. THIRD-PARTY INSPECTION PLATFORM ........................................ 99 SUBTITLE H. PARKING RECIPROCITY FEE UPDATE AMENDMENT   ............... 99 SUBTITLE I. TAG TRANSFER FEE UPDATE AMENDMENT   ................................. 99 SUBTITLE J. ATE PROGRAM REPORTING REQUIREMENT AMENDMENT .. 100 SUBTITLE K. CAPACITY MARKET WITHDRAWAL FEASABILITY STUDY ... 100 SUBTITLE L. COMPETITIVE GRANT ......................................................................... 101 SUBTITLE M. URBAN AGRICULTURE FUNDING ................................................... 101 SUBTITLE N. WASTE DISPOSAL FEES ...................................................................... 101 SUBTITLE O. FAST FERRY GRANT ............................................................................ 102 TITLE VII. FINANCE AND REVENUE .............................................................................. 102 SUBTITLE A. PERSONAL PROPERTY TAX .............................................................. 102 SUBTITLE B. UNINCORPORATED BUSINESS FRANCHISE TAX ........................ 103 SUBTITLE C. BALLPARK REVENUE FUND .............................................................. 103 SUBTITLE D. EVENTS DC AUTHORITY .................................................................... 103 SUBTITLE E. PARKSIDE PARCEL E AND J MIXED-INCOME APARTMENTS TAX ABATEMENT ........................................................................................................... 104 SUBTITLE F. OFF-PREMISES ALCOHOL TAX RATE ............................................ 104 SUBTITLE G. SUBJECT-TO-APPROPRIATIONS REPEALS AND MODIFICATIONS ............................................................................................................. 105 SUBTITLE H. COUNCIL PERIOD 23 RULE 736 AND OTHER REPEALS ............ 108 SUBTITLE I. DISTRICT HISTORY GRANT ................................................................ 109 SUBTITLE J. NATIONAL CHERRY BLOSSOM FESTIVAL FUNDRAISING ENROLLED ORIGINAL 4 MATCH ............................................................................................................................... 109 SUBTITLE K. MOTOR VEHICLE FUEL TAX ............................................................ 110 SUBTITLE L. NEW COMMUNITIES CLARIFICATION .......................................... 111 SUBTITLE M. QHTC TAX INCENTIVES MODIFICATION .................................... 111 SUBTITLE N. ADAMS MORGAN BID .......................................................................... 112 SUBTITLE O. SKYLAND TAX EXEMPTION .............................................................. 113 SUBTITLE P. COMBINED REPORTING TAX DEDUCTION DELAY.................... 113 SUBTITLE Q. ESTATE TAX ADJUSTMENT ............................................................... 114 SUBTITLE R. DISTRICT OF COLUMBIA LOW-INCOME HOUSING TAX CREDIT CLARIFICATION ............................................................................................. 115 SUBTITLE S. EXCLUDED WORKERS ......................................................................... 118 TITLE VIII. SPECIAL PURPOSE AND DEDICATED REVENUE FUNDS ................... 120 TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE ......................... 121 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Fiscal Year 2021 Budget Support Congressional Review Emergency Act of 2020”. TITLE I. GOVERNMENT DIRECTION AND SUPPORT SUBTITLE A. ARCHIVES ADVISORY GROUP Sec. 1001. Short title. This subtitle may be cited as the “Archives Advisory Group Congressional Review Emergency Act of 2020”. Sec. 1002. Archives Advisory Group. (a) There is established an Archives Advisory Group to advise the Council of the District of Columbia about Project AB102C in the District’s Capital Improvement Plan to construct a new archives facility for the District of Columbia. (b) The Archives Advisory Group shall consist of no fewer than 5 members and no more than 11 members, all appointed by the Chairman of the Council. (c) The Archives Advisory Group shall consider such matters as schedule, cost, and building attributes regarding a new archives facility. The group shall make recommendations to the Council whenever useful to the Council’s deliberative process. (d) The Archives Advisory Group shall have access to all draft and final documents relevant to planning and costing a new archives facility, including any feasibility study; provided, that requests for documents shall be made through the Chairman of the Council. (e) The Archives Advisory Group shall not be subject to the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.); provided, that all meetings shall be open to the public. ENROLLED ORIGINAL 5 (f) Members of the Archives Advisory Group shall not be reimbursed for expenses, or compensated. Any other necessary resources shall be coordinated by the Secretary to the Council. SUBTITLE B. AUDIT ENGAGEMENT FUND Sec. 1011. Short title. This subtitle may be cited as the “Audit Engagement Fund Congressional Review Emergency Act of 2020”. Sec. 1012. 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. SUBTITLE C. FREEZE ON PAY INCREASES AND BENEFITS Sec. 1021. Short title. This subtitle may be cited as the “Balanced Budget and Financial Plan Freeze on Salary Schedules, Benefits, and Cost-of-Living Adjustments Congressional Review Emergency Act of 2020”. Sec. 1022. Definitions. For the purposes of this subtitle, the term: (1) “CMPA” means the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.). (2) “Covered agency” means an agency, office, or instrumentality of the District government and independent agencies, as defined in section 301(13) of the CMPA (D.C. Official Code § 1-603.01(13)); except, that the term “covered agency” does not include the District of Columbia Housing Authority, the District of Columbia Housing Finance Agency, the District of ENROLLED ORIGINAL 6 Columbia Public Charter School Board, the District of Columbia Water and Sewer Authority, the Not-for-Profit Hospital Corporation, the Board of Trustees of the University of the District of Columbia, or the Washington Convention and Sports Authority. (3) “Negotiated salary schedule” means a salary schedule specified in a collective bargaining agreement. (4) “Negotiated salary, wage, and benefits provision” means the salary and benefits provided in a collective bargaining agreement. (5) “Personnel authority” shall have the same meaning as set forth in section 301(14) of the CMPA (D.C. Official Code § 1-603.01(14)). Sec. 1023. Freeze on cost-of-living adjustments. Notwithstanding any other provision of law, rule, or collective bargaining agreement, an employee of a covered agency shall not receive a cost-of-living adjustment during the period from October 1, 2020, through September 30, 2021. Nothing in this subtitle shall be construed to prohibit collective bargaining on non-compensation issues. Sec. 1024. Maintenance of Fiscal Year 2020 salary schedules and benefits. Notwithstanding any other provision of law, collective bargaining agreement, memorandum of understanding, side letter, or settlement, whether specifically outlined or incorporated by reference, all Fiscal Year 2020 salary schedules of covered agencies shall be maintained during Fiscal Year 2021 and no increase in salary or benefits, including increases in negotiated salary, wage, and benefits provisions, and negotiated salary schedules, shall be provided in Fiscal Year 2021 from the Fiscal Year 2020 salary and benefits levels of covered agencies. Sec. 1025. Rules. To the extent authorized by the CMPA or other applicable law to issue rules to administer the salary or benefits program of a covered agency, the personnel authority for a covered agency may, 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.), issue rules to implement this subtitle. Sec. 1026. Revised revenue contingency. Notwithstanding any other provision of law, a portion of the amount of local recurring revenues included in the Chief Financial Officer’s revenue estimates issued prior to January 1, 2021, that exceeds the April 24, 2020, revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2021 shall be deposited in the Workforce Investment Account to satisfy the Fiscal Year 2021 negotiated salary adjustments set aside by section 1023 for employees in the bargaining units covered by the collective bargaining agreements approved pursuant to the Interest Arbitration Award and Collective Bargaining Agreement between the ENROLLED ORIGINAL 7 District of Columbia Public Schools and the Office of the State Superintendent of Education and the American Federation of State, County and Municipal Employees, District Council 20, Local 2921, AFL-CIO Emergency Approval Resolution of 2020, effective March 3, 2020 (Res. 23-374; 67 DCR 2735), and the Compensation Collective Bargaining Agreement between the District of Columbia Government and Compensation Units 1 and 2, FY 2018-FY2021, Approval Resolution of 2018, deemed approved February 23, 2018 (P.R. 22-738); provided, that if amounts certified in a single revenue estimate are insufficient to satisfy the combined value of the negotiated salary adjustments under both agreements, the Mayor or appropriate personnel authority shall consult with the affected bargaining units as to how the available funds shall be allocated. SUBTITLE D. ADVISORY NEIGHBORHOOD COMMISSIONS TECHNICAL SUPPORT AND ASSISTANCE Sec. 1031. Short title. This subtitle may be cited as the “Advisory Neighborhood Commissions Technical Support and Assistance Amendment Congressional Review Emergency Act of 2020”. Sec. 1032. The Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976 (D.C. Law 1-58; D.C. Official Code § 1-309.01 et seq.) is amended as follows: (a) Section 16(j)(3)(A)(iii) (D.C. Code § 1-309.13(j)(3)(A)(iii)), is amended by striking the phrase “shall return to the District’s General Fund” and inserting the phrase “shall be deposited in the Advisory Neighborhood Commissions Technical Support and Assistance Fund established in section 16a” in its place. (b) A new section 16a is added to read as follows: “Sec. 16a. 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 section 738(e) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 824; D.C. Code Official § 1-207.38(e)), that are forfeited pursuant to section 16(d)(3) or (j)(3) or unclaimed by the last day of the fiscal year. “(c) Money in the Fund shall be used to provide the following services and supports at the request of Advisory Neighborhood Commissions subject to such limitations or prioritization as the Office may establish due to limitation of funding: ENROLLED ORIGINAL 8 “(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.”. SUBTITLE E. RENEWABLE ENERGY FUTURE Sec. 1041. Short title. This subtitle may be cited as the “Renewable Energy Future Congressional Review Emergency Amendment Act of 2020”. Sec. 1042. The Department of General Services Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 10-551.01, et seq.), is amended as follows: (a) Section 1026 (D.C. Code § 10-551.05) is amended as follows: (1) Subsection (a) is amended as follows: (A) Paragraph (8) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Paragraph (9) is amended by striking the period and inserting a semicolon in its place. (C) A new paragraph (10) is added to read as follows: “(10) Any study of the feasibility of initiating or expanding renewable energy generation, which shall include an analysis of the potential for capturing solar or other forms of renewable energy that is conducted pursuant to subsection (c-1) of this section.”. (2) A new subsection (c-1) is added to read as follows: ENROLLED ORIGINAL 9 “(c-1) The Department shall produce and publish on its website an analysis of the feasibility of initiating or expanding renewable energy generation, including an analysis of the potential for capturing solar or other forms of renewable energy at each District-owned property under the control of the Mayor on a rolling basis, with each property re-analyzed no less than once every 10 years.”. (b) A new section 1028d is added to read as follows: “Sec. 1028d. Renewable energy generation at District-owned properties. “(a) Subject to the availability of funding, the Department shall initiate or expand renewable energy generation at every District-owned property under the control of the Mayor where doing so is found feasible by the analysis required by section 1026(c-1). “(b) Notwithstanding the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2- 218.01 et seq.) (“CBE Act”), or any other provision of District law or regulation, any contract entered into to implement this section, absent a waiver pursuant to section 2351 of the CBE Act (D.C. Official Code § 2-218.51), shall: “(1) Be awarded to a qualified small business enterprise; provided, that if the Department determines that there are not at least 2 qualified small business enterprises that can provide the services or goods that are the subject of the contract, the Department may use any qualified certified business enterprise; or “(2) Require that at least 50% of the dollar volume of the contract shall be subcontracted to qualified small business enterprises; provided, that if there are insufficient qualified small business enterprises to meet the requirement and best efforts are made to ensure that qualified small business enterprises are significant participants in the overall subcontracting work, then the subcontracting requirement may be satisfied by subcontracting 50% of the dollar volume to any qualified certified business enterprise.”. SUBTITLE F. DC CENTER FOR THE LGBT COMMUNITY GRANT Sec. 1051. Short title. This subtitle may be cited as the “The DC Center for the LGBT Community Support Congressional Review Emergency Act of 2020”. Sec. 1052. For Fiscal Year 2021, the Department of General Services shall award the DC Center for the LGBT Community a grant in the amount of $70,000 to sustain its operations while the organization anticipates an upcoming move. SUBTITLE G. ACCESS TO JOBS Sec. 1061. Short title. This subtitle may be cited as the “Access to Jobs Congressional Review Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 10 Sec. 1062. Section 3(b)(2) of the Office on Ex-Offender Affairs and the Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302(b)(2)), is amended by adding new subparagraph (L) to read as follows: “(L) Establish and implement a pilot program to support the employment of 10 returning citizens through grants to employers for 2 years beginning in Fiscal Year 2021; provided, that: “(i) To qualify for the pilot program, an eligible employer shall: “(I) Register with the Office on Returning Citizen Affairs to accept applications for employment from eligible individuals; “(II) Demonstrate that potential employees in the pilot program have opportunities for advancement within the eligible employer’s organization or industry; “(III) Hire one or more eligible individuals who meet the requirements of sub-subparagraph (ii) of this subparagraph; “(IV) Be located within the District; “(V) Pay each employed eligible individual at least the minimum wage required pursuant to the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1001 et seq.); “(VI) Employ each eligible individual for a minimum of 20 hours per week for a minimum of 8 weeks; “(VII) Submit an application; and “(VIII) Provide documentation as required by the Office on Returning Citizen Affairs to substantiate the satisfaction of each requirement of the pilot program for the participating eligible employer and for each eligible individual employed. “(ii) For an eligible employer to receive a grant for the employment of an eligible individual, the eligible individual must: “(I) Have been previously incarcerated; “(II) Be a resident of the District; “(III) Have completed a workforce development and life skills program within the District; and “(IV) Have been unemployed for a period of at least one month prior to being hired by the participating eligible employer. “(iii) Grants offered through the pilot program shall be disbursed: “(I) Initially, after an eligible employer has provided documentation substantiating that the eligible employer employed an eligible individual for a minimum of 20 hours per week for a minimum of 8 weeks; “(II) Subsequent to the initial disbursement, at the end of each month that the eligible individual is employed pursuant to the requirements of the pilot program; ENROLLED ORIGINAL 11 “(iv) The maximum amount of the grant disbursements offered through the pilot program to each participating eligible employer shall be: “(I) For the first year that an eligible individual is employed by a participating eligible employer, 40% of the minimum wage for a period not to exceed 40 hours per week and 2,080 hours per year for each eligible individual hired under the pilot program; and “(II) For the second year that an eligible individual is employed by the same participating eligible employer, 80% of the minimum wage for a period not to exceed 40 hours per week and 2,080 hours per year for each eligible individual hired under the pilot program. “(v)(I) The total amount of funding expended through the pilot program shall not exceed the amount budgeted for the pilot program. “(II) Eligible employers shall receive funding in the order that they successfully provide the documentation required pursuant to sub-subparagraph (i)(VII) of this subparagraph for the employment of an eligible individual. “(III) For each eligible individual for whom documentation successfully has been submitted, an amount of funds shall be set aside such that the eligible employer may be reimbursed for the employment of an eligible individual for a period no shorter than the remainder of the fiscal year during which the documentation was submitted, and the remainder of the assistance shall be subject to the availability of funding.”. SUBTITLE H. PARALEGAL PROGRAM ESTABLISHMENT Sec. 1071. Short title. This subtitle may be cited as the “Returning Citizen Paralegal Fellowship Initiative Pilot Program Congressional Review Emergency Amendment Act of 2020”. Sec. 1072. Section 3(b)(2) of the Office on Ex-Offender Affairs and the Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302(b)(2)), is amended by adding a new subparagraph (M) to read as follows: “(M) Conduct a Paralegal Fellowship Initiative pilot program that places a cohort of returning citizen students in an accredited, university-based paralegal certification program located in the District of Columbia, while providing the students with support services necessary for their success.”. SUBTITLE I. NON-PROFIT FAIRNESS ANALYSIS Sec. 1081. Short title. This subtitle may be cited as the “Non-Profit Reimbursement Fairness Analysis Congressional Review Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 12 Sec. 1082. Section 204(b) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.04(b)), is amended as follows: (a) Paragraph (15) is amended by striking the phrase “; and” and inserting a semicolon in its place. (b) Paragraph (16) is amended by striking the period and inserting the phrase “; and” in its place. (c) A new paragraph (17) is added to read as follows: “(17) To issue a report to the Mayor and the Council by April 1, 2021, that includes: “(A) A review and analysis of the funding of indirect costs in the terms of grant agreements or contracts entered into between nonprofit organizations and the District government; “(B) A table listing the federal funding associated with contracts or grants passed through to nonprofit organizations by the District government in Fiscal Year 2020, including any funding passed through to nonprofit organizations to meet their indirect costs and any funding retained by the District rather than being passed through for this purpose; and “(C) Any recommended amendments to law, regulations, policy, or training in order to ensure the legal, fair, and consistent funding of indirect costs to nonprofit organizations by the District.”. SUBTITLE J. INDIGENOUS PEOPLES’ DAY Sec. 1091. Short title. This subtitle may be cited as the “Indigenous Peoples’ Day Congressional Review Emergency Amendment Act of 2020”. Sec. 1092. Section 1202(a)(7) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.02(a)(7)), is amended by striking the phrase “Columbus Day” and inserting the phrase “Indigenous Peoples’ Day” in its place. Sec. 1093. Section 25-723(c)(1)(B) of the District of Columbia Official Code is amended by striking the phrase “Columbus Day” and inserting the phrase “Indigenous Peoples’ Day” in its place. Sec. 1094. Section 28-2701 of the District of Columbia Official Code is amended by striking the phrase “Columbus Day” and inserting the phrase “Indigenous Peoples’ Day” in its place. SUBTITLE K. CAMPAIGN FINANCE REFORM IMPLEMENTATION Sec. 1101. Short title. ENROLLED ORIGINAL 13 This subtitle may be cited as the “Campaign Finance Reform Implementation Congressional Review Emergency Amendment Act of 2020”. Sec. 1102. Section 1108(c-1) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1- 611.08(c-1)), is amended as follows: (a) Paragraph (9) is amended by striking the semicolon and inserting the phrase “; and” in its place. (b) Paragraph (10) is amended by striking the phrase “; and” and inserting a period in its place. (c) Paragraph (11) is repealed. Sec. 1103. The Campaign Finance Act of 2011, effective April 27, 2012 (D.C. Law 19- 124; D.C. Official Code § 1-1163.01 et seq.), is amended as follows: (a) Section 302a(h) (D.C. Official Code § 1-1163.02a(h)) is amended to read as follows: “(h) Members of the Campaign Finance Board, including the Chairperson, shall not receive compensation for their service on the Campaign Finance Board.”. (b) Section 309(b) (D.C. Official Code § 1-1163.09(b)) is amended to read as follows: “(b) The reports required by subsection (a) of this section shall be filed on the 10th day of March, June, August, October, and December in the 7 months preceding the date on which, and in each year during which, an election is held for the office sought, and 8 days before a special or general election, and also by the 31st day of January each year. In addition, the reports shall be filed on the 31st day of July of each year in which there is no election. The reports shall be complete as of the date prescribed by the Director of Campaign Finance, which shall not be more than 5 days before the date of filing, except that any contribution of $200 or more received after the closing date prescribed by the Director of Campaign Finance for the last report required to be filled before the election shall be reported within 24 hours after its receipt.”. Sec. 1104. Section 10 of the Campaign Finance Reform Amendment Act of 2018, effective March 13, 2019 (D.C. Law 22-250; 66 DCR 985), is amended to read as follows: “Sec. 10. Applicability. “(a) Sections 6(b)(4), (8), and (22), and (pp), 8, and 9: “(1)(A) Shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan. “(B) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification. “(C)(i) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register. ENROLLED ORIGINAL 14 “(ii) The date of publication of the notice of the certification shall not affect the applicability of sections 6(b)(4), (8), and (22), and (pp), 8, and 9. “(2) Shall not apply to contracts, as defined in section 101(10C)(A)(ii) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01(10C)(A)(ii)), including those contracts’ option periods or similar contract extensions or modifications, sought, entered into, or executed before the applicability date of sections 6(b)(4), (8), and (22), and (pp), 8, and 9. “(b)(1) Notwithstanding any other law, the functions and duties transferred to the Campaign Finance Board pursuant to this act shall continue to be implemented by the Elections Board or the Director of Campaign Finance, as applicable, until the date that the Campaign Finance Board has a quorum of members. “(2) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Board of Elections transferred to the Campaign Finance Board under this act shall continue in effect according to their terms until lawfully amended, repealed, or modified.”. TITLE II. ECONOMIC DEVELOPMENT AND REGULATION SUBTITLE A. BUSINESS RECOVERY TASK FORCE ESTABLISHMENT Sec. 2001. Short title. This subtitle may be cited as the “Business Recovery Task Force Establishment Congressional Review Emergency Act of 2020”. Sec. 2002. There is established the Business Recovery Task Force (“Task Force”) to provide recommendations to the Mayor and Council regarding the recovery of the District’s businesses following the end of the COVID-19 emergency. Sec. 2003. Membership; appointment; staff; meetings. (a) The Task Force shall be composed of: (1) The following government members, or their designees: (A) The Deputy Mayor for Planning and Economic Development; (B) The Director of the Department of Small and Local Business Development (“Department”); and (C) The Chairperson of the Council’s Committee on Business and Economic Development; and (2) Eight representatives of business enterprises, one from each Ward, all of whom shall be District residents, who collectively represent industries and geographical areas hardest hit by the COVID-19 emergency, with at least one representative being an owner of an equity impact enterprise as defined by section 2302(8A) of the Small and Certified Business ENROLLED ORIGINAL 15 Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16- 33; D.C. Official Code § 2-218.02(8A)) (“CBE Act”). (b) The business representatives shall be appointed by the Chairman of the Council after receiving recommendations made by the Chairperson of the Council Committee on Business and Economic Development and shall serve without compensation. (c) The Chairperson of the Task Force shall be designated by the Chairperson of the Council’s Committee on Business and Economic Development from among the business representatives. (d) The Department shall provide administrative support for the Task Force. (e) If, when all the members have been appointed and the Task Force is functioning, the COVID-19 emergency is still in effect, the Task Force shall convene monthly. After the COVID- 19 emergency has been lifted, the Task Force shall meet not less frequently than quarterly until dissolved. Sec. 2004. Reporting requirement. Within 180 days after the appointment of the appointed members, the Task Force shall submit a report to the Mayor and the Council that addresses the following: (1) Recommendations to identify and access available technical and financial assistance opportunities, including the Small Business Administration Disaster Relief funds and other federal funds as they become available; (2) Support for outreach and educational efforts to small businesses; and (3) Long-term policy recommendations for economic recovery of small businesses following the COVID-19 emergency. Sec. 2005. Definitions. For the purposes of this subtitle, term: (1) “COVID-19 emergency” means the public health emergencies declared in the Declaration of Public Emergency (Mayor’s Order 2020-045) together with the Declaration of Public Health Emergency (Mayor’s Order 2020-046), declared on March 11, 2020, including any extension of those declared emergencies. (2) “Small business enterprise” shall have the same meaning as provided in 2302(16) of the CBE Act (D.C. Official Code § 2-218.02(16)). Sec. 2006. Sunset. The Task Force shall dissolve, and this subtitle shall expire as of the date the Task Force submits the report required by section 2004. ENROLLED ORIGINAL 16 SUBTITLE B. NEW YORK AVENUE, N.E., RETAIL PRIORITY AREA EXPANSION Sec. 2011. Short title. This subtitle may be cited as the “New York Avenue, N.E., Retail Priority Area Expansion Congressional Review Emergency Amendment Act of 2020”. Sec. 2012. Section 4(k) of the Retail Incentive Act of 2004, effective September 8, 2004 (D.C. Law 15-185; D.C. Official Code § 2-1217.73(k)), is amended by adding a new paragraph (3) to read as follows: “(3) In addition to the areas described in paragraphs (1) and (2) of this subsection, the New York Avenue, N.E., Retail Priority Area shall consist of the area beginning at the intersection of Montello Avenue, N.E., and Florida Avenue, N.E., continuing northeast along Montello Avenue, N.E., until Mt. Olivet Road, N.E.”. SUBTITLE C. OPPORTUNITY ZONE TAX BENEFITS Sec. 2021. Short title. This subtitle may be cited as the “Aligning Opportunity Zone Tax Benefits with DC Community Priorities Congressional Review Emergency Amendment Act of 2020”. Sec. 2022. Title 47 of the District of Columbia Official Code is amended as follows: (a) Section 47-1801.04 is amended by adding new paragraphs (39A), (39B), (39C), and (39D) to read as follows: “(39A) “Qualified opportunity fund” shall have the same meaning as set forth in section 1400Z-2 of the Internal Revenue Code of 1986, approved December 22, 2017 (131 Stat. 2184; 26 U.S.C. § 1400Z-2) (“section 1400Z-2”). “(39B) “Qualified opportunity zone” shall have the same meaning as set forth in section 1400Z-2. “(39C) “Qualified opportunity zone business” shall have the same meaning as set forth in section 1400Z-2. “(39D) “Qualified opportunity zone business property” shall have the same meaning as set forth in section 1400Z-2.”. (b) Section 47-1803.03(a) is amended by adding a new paragraph (20) to read as follows: “(20) Capital Gains. -- “(A) Deferral of a capital gains tax payment for investing in a qualified opportunity fund (“QOF”) shall be realized only if the taxpayer invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; “(B) Reduction of capital gains tax liability through a 10% step-up in basis, if invested in a QOF for 5 years prior to December 31, 2026, and an additional 5% step-up in basis, if invested in a QOF for 7 years prior to December 31, 2026, shall be realized only if the taxpayer invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; ENROLLED ORIGINAL 17 “(C) Abatement of capital gains tax on an investment of capital gains in a QOF for at least 10 years before December 31, 2047, shall be realized only if the taxpayer invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; “(D) To receive the benefits described in subparagraphs (A), (B), and (C) of this paragraph, the taxpayer shall: “(i) Invest in a QOF that: “(I) Is certified by the Mayor as an eligible QOF pursuant to subparagraph (E) of this paragraph; “(II) Has invested at least the value of the taxpayer’s investment in the QOF in a qualified opportunity zone in the District; and “(III) Has submitted its IRS Form 8996 to the Office of Tax and Revenue for the tax year in which the taxpayer is seeking the benefits described in subparagraphs (A), (B), and (C) of this paragraph; and “(ii) Submit an IRS Form 8997 to the Office of Tax and Revenue for the tax year in which the taxpayer is seeking the benefits described in subparagraphs (A), (B), and (C) of this paragraph. “(E) To be certified by the Mayor as an eligible QOF, a QOF shall submit to the Mayor documentation showing: “(i) That some or all of its investments in qualified opportunity zone businesses and qualified opportunity zone business property are in businesses or property that: “(I) Have been selected by the District government for a grant, loan, tax incentive, tax abatement, or other benefit or incentive intended to promote economic or community development in the District; “(II) Have been selected by the Office of the Deputy Mayor for Planning and Economic Development to manage the redevelopment of a property, with respect to a business, or that are owned or disposed of by the District government, with respect to a property; “(III) Have an unconditioned resolution of support from the Advisory Neighborhood Commission in which the business or property is located or a conditional resolution of support from the Advisory Neighborhood Commission in which the business or property is located and the Mayor determines that each of the conditions of the resolution have been met; or “(IV) Are located in the District and have been scored by the QOF using the Urban Institute’s Opportunity Zone Community Impact Assessment Tool, or other assessment tool approved by the Mayor, and received a score of 75 (or its equivalent) or greater; and “(ii) That the dollar amount of the investments that the QOF has made in qualified opportunity zone businesses and qualified opportunity zone business property meets the standards set forth in sub-subparagraph (i) of this subparagraph.”. ENROLLED ORIGINAL 18 SUBTITLE D. STREETSCAPE BUSINESS DEVELOPMENT RELIEF Sec. 2031. Short title. This subtitle may be cited as the “Streetscape Business Development Relief Fund Expansion Congressional Review Emergency Amendment Act of 2020”. Sec. 2032. Section 603 of the Streetscape Fund Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-370; D.C. Official Code § 1-325.191), is amended as follows: (a) Subsection (c) is amended as follows: (1) Strike the phrase “to any individual” and insert the phrase “to a District Main Streets Program organization or individual” in its place. (2) Strike the phrase “business inside or adjoining” and insert the phrase “business within the project boundaries of or adjoining” in its place. (3) Strike the phrase “grant, a retail business” and insert the phrase “grant, a District Main Streets Program organization or individual or entity operating a retail business” in its place. (4) Strike the phrase “submitted by the retail” and insert the phrase “submitted by the District Main Street Program organization or individual or entity operating a retail” in its place. (b) A new subsection (e) is added to read as follows: “(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.”. SUBTITLE E. EQUITY IMPACT ENTERPRISE ESTABLISHMENT Sec. 2041. Short title. This subtitle may be cited as the “Equity Impact Enterprise Establishment Congressional Review Emergency Amendment Act of 2020”. Sec. 2042. The Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.), is amended as follows: (a) The table of contents is amended by adding a new part D-i to read as follows: “Part D-i. Programs for equity impact enterprises. “Sec. 2377. Equity impact enterprise.”. (b) Section 2302 (D.C. Official Code § 2-218.02) is amended by adding a new paragraph (8A) to read as follows: ENROLLED ORIGINAL 19 “(8A) “Equity impact enterprise” means a business enterprise that is a resident- owned business and a small business enterprise that can demonstrate that it is at least 51% owned by an individual who is, or a majority number of individuals who are: “(A) Economically disadvantaged individuals; or “(B) Individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.”. (c) Section 2343(a) (D.C. Official Code § 2-218.43(a)) is amended as follows: (1) Paragraph (1) is amended as follows: (A) Subparagraph (G) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Subparagraph (H) is amended by striking the period and inserting the phase “; and” in its place. (C) A new subparagraph (I) is added to read as follows: “(I) Five points for an equity impact enterprise.”. (2) Paragraph (2) is amended as follows: (A) Subparagraph (G) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Subparagraph (H) is amended by striking the period and inserting the phase “; and” in its place. (C) A new subparagraph (I) is added to read as follows: “(I) Ten percent for an equity impact enterprise.”. (d) Section 2347 (D.C. Official Code § 2-218.47) is amended to read as follows: “Sec. 2347. Unbundling requirement; rulemaking requirement. “(a)(1) No later than January 1, 2021, 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.), shall issue rules on unbundling that include procedures to ensure that solicitations are subdivided and unbundled and that smaller contracts are created to the extent feasible and fiscally prudent. “(2) The proposed rules required by paragraph (1) of this subsection shall be submitted to the Council for a 30-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the proposed rules by resolution within the 30-day review period, the proposed rules shall be deemed approved. “(b) Beginning on January 1, 2021, and quarterly thereafter, the Department shall publicly make available on its website solicitations that have been subdivided and unbundled. “(c) Five years from the effective date of the Equity Impact Enterprise Establishment Amendment Act of 2020, enacted on August 31, 2020 (D.C. Act 23-407; 67 DCR 10493), the Mayor shall evaluate the effectiveness of the equity impact enterprise program and whether or not it has resulted in creating more contracting opportunities for equity impact enterprises and submit the evaluation to the Council. ENROLLED ORIGINAL 20 “(d) The Department shall provide targeted technical assistance, networking opportunities, and vendor workshops to prepare equity impact enterprises to compete for contracting and procurement opportunities.”. (e) Section 2349(b) (D.C. Official Code § 2-218.49(b)) is amended to read as follows: “(b) No later than October 1, 2020, the Mayor shall implement a pilot program for equity impact enterprises.”. (f) Section 2375(d)(1) (D.C. Official Code § 2-218.75(d)(1)) is amended by striking the phrase “or a resident-owned business enterprises pursuant to section 2235” and inserting the phrase “a resident-owned business enterprise pursuant to section 2235, or an equity impact enterprise as defined in section 2302(8A)” in its place. (g) A new Part D-i is added to read as follows: “Part D-i. Programs for Equity impact enterprises. “Sec. 2377. Equity impact enterprise. “An equity impact enterprise, as defined in section 2302(8A), shall be eligible for certification as an impact enterprise.”. Sec. 2043. Section 2 of the Minority and Women-Owned Business Assessment Act of 2008, effective March 26, 2008 (D.C. Law 17-136; D.C. Official Code § 2-214.01), is amended as follows: (a) Subsection (a) is amended as follows: (1) Paragraph (2) is amended by striking the phrase “; and” and inserting a semicolon in its place. (2) Paragraph (3) is amended by striking the period and inserting the phrase “; and” in its place. (3) A new paragraph (4) is added to read as follows: “(4) Ensure all District agencies with procurement authority, including independent agencies, are trained to evaluate, collect, and accurately track spending data as well as demographic data such as race and gender, upon request of District contract and procurement awardees, to better assess the District utilization of equity impact enterprises, minority-owned prime contractors and subcontractors, and women-owned prime contractors and subcontractors.”. (b) Subsection (b-1) is amended as follows: (1) The lead-in language of paragraph (1) is amended to read as follows: “In Fiscal Year 2021, the Mayor shall contract with a person or entity to conduct a District-based study (“disparity study”) to:”. (2) A new paragraph (1A) is added to read as follows: “(1A) All agencies with procurement authority, including independent agencies, shall coordinate with the Executive Office of the Mayor to provide timely and accurate information to assist with the completion of the disparity study.”. (3) Paragraph (2) is amended by striking the phrase “270 days after October 30, 2018” and inserting the phrase “450 days after October 30, 2020” in its place. ENROLLED ORIGINAL 21 SUBTITLE F. DMPED LIMITED GRANT-MAKING AUTHORITY Sec. 2051. Short title. This subtitle may be cited as the “Deputy Mayor for Planning and Economic Development Limited Grant Making Authority Congressional Review Emergency Amendment Act of 2020”. Sec. 2052. Section 2032 of the Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Act of 2012, effective September 12, 2012 (D.C. Law 19-168; D.C. Official Code § 1-328.04), is amended as follows: (a) Subsection (d) is amended as follows: (1) Paragraph (2) is amended by striking the phrase “; and” and inserting a semicolon in its place. (2) Paragraph (3) is amended by striking the period and inserting a semicolon in its place. (3) New paragraphs (4), (5), and (6) are added to read as follows: “(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 section 2302(8A) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(8A)); “(5) Funds to provide real property tax rebates pursuant to D.C. Official Code § 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.”. (b) A new subsection (i) is added to read as follows: “(i)(1) Notwithstanding section 1094 of the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 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. ENROLLED ORIGINAL 22 “(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.”. Sec. 2053. Section 47-4665 of the District of Columbia Official Code is amended as follows: (a) The lead-in language of subsection (b) is amended by striking the phrase “shall receive,” and inserting the phrase “may receive” in its place. (b) The lead-in language of subsection (c)(1) is amended by striking the phrase “shall be equal” and inserting the phrase “shall be equal, subject to the availability of funds,” in its place. (c) Subsection (f) is amended as follows: (1) The existing text is designated as paragraph (1). (2) A new paragraph (2) is added to read as follows: “(2) Notwithstanding paragraph (1) of this subsection, the total combined rebate payments for Fiscal Year 2021 for all occupants under this section shall not exceed $580,366.”. SUBTITLE G. TAX ABATEMENTS FOR AFFORDABLE HOUSING Sec. 2061. Short title. This subtitle may be cited as the “Tax Abatements for Affordable Housing in High-Need Areas Congressional Review Emergency Amendment Act of 2020”. Sec. 2062. Chapter 8 of Title 47 of the District of Columbia Official Code is amended as follows: (a) The table of contents is amended by adding a new section designation to read as follows: “47-860. Tax abatement for affordable housing in high-need affordable housing areas.”. (b) A new section 47-860 is added to read as follows: “§ 47-860. Tax abatement for affordable housing in high-need affordable housing areas. ENROLLED ORIGINAL 23 “(a) Real property tax imposed by § 47-811 on real property certified as eligible pursuant to subsection (d) of this section shall be abated for the period set forth in subsection (c) of this section; provided, that: “(1) The real property is located in a high-need affordable housing area; “(2) The real property is designated by the Mayor pursuant to subsection (b) of this section; “(3) For the duration of the period set forth in subsection (c) of this section, at least one third of the housing units developed or redeveloped on the real property are affordable to and rented by households earning on average 80% or less of the median family income; provided, that during such period no such household earn more than 100% of the median family income; “(4) The developer files a covenant in the land records of the District, binding on the developer and all of its successors in interest with respect to the property, covenanting to comply with the requirements of paragraph (3) of this subsection; “(5) The developer enters into an agreement with the District that requires the developer to, at a minimum, contract with certified business enterprises for at least 35% of the contract dollar volume of the construction and operations of the project, in accordance with section 2346 of the CBE Act (D.C. Official Code § 2-218.46); “(6) The developer enters into a First Source Agreement for the operations of the project; and “(7) The developer enters into an agreement with the Mayor setting forth the requirements of this subsection and such other terms and conditions as the Mayor considers appropriate. “(b) The Mayor may, through a competitive process, designate real property to be eligible to receive a tax abatement under this section; provided, that the total amount of the tax abatements associated with real property designated by the Mayor pursuant to this subsection shall not exceed $200,000 in Fiscal Year 2024 and shall not exceed $4 million annually thereafter. “(c) The tax abatement provided for by this section shall begin in the tax year immediately following the tax year during which the certificate of occupancy was issued for the final housing unit counted toward satisfying the affordability requirement of subsection (a)(3) of this section and shall continue until the end of the 30th tax year after the tax year during which such certificate of occupancy is issued; provided, that the Mayor may opt to continue the tax abatement provided for by this section until the end of the 40th tax year after the tax year during which such certificate of occupancy is issued; provided further, that the tax abatement provided for by this section shall not begin before October 1, 2023. “(d)(1) The Mayor shall certify to the Office of Tax and Revenue a real property’s eligibility for the abatement provided by this section. The Mayor’s certification shall include: “(A) A description of the real property by street address, square, suffix, and lot; ENROLLED ORIGINAL 24 “(B) The date the certificate of occupancy was issued for the final housing unit counted toward satisfying the affordability requirements of subsection (a)(3) of this section; “(C) The date the tax abatement begins and ends under subsection (c) of this section; “(D) A statement that the conditions specified in subsection (a) of this section have been satisfied; and “(E) The amount of abatement allocated to the property pursuant to subsection (b) of this section; and “(F) Any other information that the Mayor considers necessary or appropriate. “(2) If at any time the Mayor determines that the real property has become ineligible for the abatement provided by this section, the Mayor shall notify the Office of Tax and Revenue and shall specify the date that the property became ineligible. The entire property shall be ineligible for the abatement on the first day of the tax year following the date when the ineligibility occurred. “(e) The tax abatement provided by this section shall be in addition to, not in lieu of, any other tax relief or assistance from any other source. “(f) The requirements of the First Source Act shall not apply to the construction or development of a project developed on real property designated by the Mayor pursuant to subsection (b) of this section. “(g) For the purposes of this section, the term: “(1) “CBE Act” means the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.). “(2) “Certified business enterprise” means a business enterprise or joint venture certified pursuant to the CBE Act. “(3) “Developer” means the owner of housing units on real property eligible for a tax abatement under this section. “(4) “First Source Act” means the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2-219.01 et seq.). “(5) “First Source Agreement” means an agreement with the District governing certain obligations of the Developer pursuant to section 4 of the First Source Act (D.C. Official Code § 2-219.03), and Mayor’s Order 83-265, dated November 9, 1983, regarding job creation and employment. “(6) “High-need affordable housing area” means the 4 planning areas identified in the District’s Housing Equity Report, published in October 2019, with the highest dedicated affordable housing production goals (Rock Creek West, Rock Creek East, Capitol Hill, and Upper Northeast), plus 1,000 feet in any direction beyond any of those 4 planning area boundaries. ENROLLED ORIGINAL 25 “(7) “Median Family Income” has the meaning set forth in section 101(5) of the Inclusionary Zoning Implementation Amendment Act of 2006, effective September 23, 2017 (D.C. Law 16-275; D.C. Official Code § 6-1041.01(5)).”. “(h) 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 regulations to implement this section.”. SUBTITLE H. HEALTHCARE WORKFORCE PARTNERSHIP Sec. 2071. Short title. This subtitle may be cited as the “Healthcare Workforce Partnership Establishment Congressional Review Emergency Act of 2020”. Sec. 2072. Definitions. (1) “HWI grant” means the grant awarded to the Intermediary pursuant to section 2073. (2) “Intermediary” means the entity selected to be the Healthcare Workforce Intermediary pursuant to section 2073. (3) “Partnership” means the Healthcare Workforce Partnership established pursuant to section 2075. (4) “Training” means occupational skills training for occupations in the healthcare sector. (5) “WIC” means the Workforce Investment Council. (6) “WIOA” means the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.). Sec. 2073. Establishment of a Healthcare Workforce Intermediary. (a)(1) By December 1, 2020, the WIC shall select, through award of a grant, the Healthcare Workforce Intermediary to establish, convene, and assist the Healthcare Workforce Partnership. (2) Consistent with Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the WIC shall issue multi-year grants for a period of 4 years, subject to the availability of funds. (b) The entity selected to be the Intermediary shall: (1) Be a nonprofit organization, industry association, or community-based organization; (2) Have a proven track record of success convening healthcare sector employers or have a significant role in the healthcare sector; (3) Have existing relationships with training providers; and (4) Have a proven track record of successful fundraising. (c) Over the course of the HWI grant, the WIC shall: ENROLLED ORIGINAL 26 (1) Provide technical assistance to the Partnership through the Intermediary, which may include: (A) Assisting the Partnership in obtaining data and information from District agencies; (B) Providing the Partnership with customized labor market and economic analysis; (C) Providing the Partnership with education and guidance on WIOA; and (D) Providing the Partnership with information on the number of District residents that training providers have the capacity to train in healthcare occupations; (2) Submit to the Partnership for feedback the proposed statement of work for any grant solicitation for the provision of training at least 30 days before issuing the request for proposals; and (3) Use the Partnership’s Healthcare Occupations Reports to align District government funded workforce development training with current and future healthcare sector hiring needs in the District. Sec. 2074. Intermediary duties. The Intermediary shall: (1) By July 1, 2021: (A) Appoint members to the Partnership consistent with the criteria specified in section 2075(b)(3); (B) Convene at least 4 Partnership meetings; (C) Compose and transmit to the WIC the Partnership’s first Healthcare Occupations Report, as described in section 2075(e); (2) For the duration of the grant: (A) Provide administrative support to the Partnership; (B) Convene Partnership meetings at least quarterly; (C) Compile and transmit to the WIC feedback from the Partnership on any statement of work for a proposed grant solicitation for the provision of training no more than 15 days after receiving the statement of work pursuant to section 2073(d)(2); (D) Work with the Partnership to coordinate and ensure provision of career coaching, screening and referral services, practice interviews, and job fairs for healthcare sector employment for qualified District training graduates; (E) Facilitate requests for professional development and learning opportunities for training providers and training participants at healthcare facilities; (F) Annually, compose and transmit the Partnership’s Healthcare Occupations Report, as described in section 2075(e); and (G) Perform additional duties on behalf of the Partnership consistent with the purposes of this subtitle and as funds permit; and ENROLLED ORIGINAL 27 (3) During the fourth year of the HWI grant, raise private funds equal to the value of the HWI grant for that year, which the Intermediary shall reserve for use until after the expiration of the HWI grant in order to sustain the Partnership without dedicated District government funding. Sec. 2075. Healthcare Workforce Partnership. (a) The Intermediary shall establish the Healthcare Workforce Partnership, which shall work to increase the number of District residents employed in the healthcare sector and to meet the staffing needs of District healthcare employers, particularly of hospitals that receive District government funds. (b)(1) The Director of the WIC, or the Director’s designee, shall serve as a member of the Partnership. (2) The Intermediary shall serve as a member of the Partnership and shall appoint community members in consultation with the WIC. (3) Community members, the majority of which shall be healthcare sector employers, shall consist of the following: (A) At least 5 employer representatives of the District’s healthcare sector, which shall represent a variety of healthcare disciplines; (B) At least one representative of a healthcare industry trade association; (C) At least one representative from a labor organization that represents healthcare workers; (D) At least one representative from a nonprofit organization that offers training programs; and (E) At least one representative from an adult education integrated education and training program, as defined in 34 C.F.R. § 463.35, in the healthcare sector. (c) Community members shall serve for the duration of the HWI grant and may be reappointed. (d) The Partnership shall meet at least once each quarter for the duration of the HWI grant. (e) No later than July 1, 2021, and annually thereafter in advance of the start of a new fiscal year, the Partnership shall submit to the WIC, through the Intermediary, its Healthcare Occupations Report, which shall contain the following: (1) Recommendations of 3 to 5 healthcare occupations requiring less than a bachelor’s degree, which may include occupations for which incumbent workers may be upskilled, in which the District should invest in training; (2) A summary of the occupational hiring needs of hospitals receiving or committed to receive District government funds, including an estimate of the number of workers needed, disaggregated by healthcare occupation; (3) A recommendation of the number of District residents the WIC should train in the occupations identified pursuant to paragraph (1) of this subsection; ENROLLED ORIGINAL 28 (4) A list of occupational skills required to obtain employment in the occupations identified pursuant to paragraph (1) of this subsection; (5) Recommendations of curricula for training in the occupations identified pursuant to paragraph (1) of this subsection; (6) An explanation of the feasibility of providing virtual training or distance learning, and recommendations to implement virtual training; (7) Customized healthcare career pathway maps for the occupations identified pursuant to paragraph (1) of this subsection; (8) Recommendations of strategies and tactics to increase the capacity of training providers to train District residents; and (9) Recommendations to attract District residents to, and retain District residents in, the occupations identified pursuant to paragraph (1) of this subsection, including necessary tactics to increase candidates’ hard and soft skills and to reduce barriers to employment. Sec. 2076. Establishment of a healthcare training program. (a) By September 1, 2021, the WIC shall establish a healthcare training program (“program”) to fund or arrange for training of District residents in a minimum of 2 healthcare occupations identified in the Partnership’s first Healthcare Occupations Report, issued pursuant to section 2075(e), which may include one occupation for upskilling of incumbent workers. (b) To provide training, the WIC may: (1) Issue healthcare training grants (“grants”) to train providers, pursuant to section 4(c) of the Workforce Investment Implementation Act of 2000, effective July 18, 2000 (D.C. Law 13-150; D.C. Official Code § 32-1603(c)); or (2) Partner with the University of the District of Columbia Community College or Office of the State Superintendent of Education. (c)(1) If the program includes a grant, subject to availability of funds, each grant shall be for not less than $100,000 per year for 3 years to provide training for District residents. (2) To be eligible for a grant, a grantee shall: (A) Be licensed by the Higher Education Licensure Commission as a post-secondary institution, degree or non-degree seeking; (B) Agree to utilize the training curricula recommended by the Partnership pursuant to section 2075(e)(5); and (C) Demonstrate consistent successful attainment of the following benchmarks for its training participants: (i) Completion of training; (ii) Credential attainment; (iii) Unsubsidized employment in the occupation of training; and (iv) Retention of employment for 6 months or longer in the occupation of training. ENROLLED ORIGINAL 29 (3) Preference shall be given to grant applicants utilizing an integrated education and training model, as defined 34 C.F.R. § 463.35. (d)(1) The WIC shall utilize WIOA common performance measures to track program performance. (2) The WIC shall report on the performance of the program as required by section 102 of the Workforce Development System Transparency Amendment Act of 2018, effective May 5, 2018 (D.C. Law 22-95; D.C. Official Code § 32-1622). (e) The WIC shall make its best effort to use WIOA Title I funds to issue any grants authorized in this section. Sec. 2077. Monitoring and evaluation. By August 1, 2021, and annually thereafter, the WIC shall transmit to the Mayor and the Council the Healthcare Occupation Report developed by the Partnership pursuant to section 2075(e). SUBTITLE I. DC INFRASTRUCTURE ACADEMY EMPLOYER ENGAGEMENT Sec. 2081. Short title. This subtitle may be cited as the “DC Infrastructure Academy Employer Engagement Congressional Review Emergency Amendment Act of 2020”. Sec. 2082. The Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3- 46; D.C. Official Code § 32-241 et seq.), is amended as follows: (a) Section 2 (D.C. Official Code § 32-241) is amended as follows: (1) A new paragraph (1A) is added to read as follows: “(1A) “Committees” means the Industry Advisory Committees established pursuant to section 2f.”. (2) A new paragraph (2A) is added to read as follows: “(2A) “DCIA” means the DC Infrastructure Academy established by the Mayor.”. (b) Section 2a(a-2) (D.C. Official Code § 32-242(a-2)) is repealed. (c) New sections 2e and 2f are added to read as follows: “Sec. 2e. DC Infrastructure Academy. “(a) In addition to duties the Mayor prescribes, the DCIA shall: “(1) Provide occupational skills training (“skills training”) annually in industries for which there is significant demand regionally or by a major employer, including construction, infrastructure, and information technology; “(2) Provide occupational skills training designed to meet the needs of employers by: “(A) Aligning skills training, where appropriate, with the annual recommendations the committees submit to the DCIA pursuant to section 2f(c); ENROLLED ORIGINAL 30 “(B)(i) Submitting a proposed curriculum, at least 30 calendar days prior to the start of any skills training taught by DCIA staff, to the relevant committee for its feedback; and “(ii) Taking into consideration any feedback from a committee when implementing any skills trainings taught by DCIA staff; “(C)(i) Submitting to the relevant committee, at least 30 calendar days before soliciting applications or bids on a grant or contract to provide skills training, a request that the committee review a grant or contract solicitation’s proposed scope of work; and “(ii) Considering any feedback received from a committee when preparing statements of work for grants and contracts to provide skills training; and “(D) For any customized skills training provided specifically for a particular employer, seeking input from the employer consistent with the requirements outlined in subparagraphs (B) and (C) of this paragraph; “(3) Provide test preparation sessions and practice exams to ready participants to obtain the occupational credentials the committees identify in their annual reports pursuant to section 2f(c)(4); and “(4) Provide job referrals, as defined in 20 C.F.R. § 651.10, to employers in the industry sectors in which training is offered pursuant to paragraph (1) of this subsection for all qualified graduates of DCIA training programs. “(b) DCIA skills training may include: “(1) Training services enumerated in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1529; 29 U.S.C. § 3174(c)(3)(D)); “(2) Supportive services, as defined in 20 C.F.R. § 651.10; “(3) Integrated education and training, as defined in 34 C.F.R. § 463.35; “(4) Workforce preparation activities, as defined in 34 C.F.R. § 463.34; and “(5) Job development, as defined in 20 C.F.R. § 651.10. “(c)(1) At least 66% of the participants receiving skills training through the DCIA each fiscal year shall be trained in occupations that pay an average wage that is at least 150% of the minimum wage specified in section 4 of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003). “(2) At least 25% of the value of each grant or contract with a skills training provider shall be contingent on the provider achieving at least one of the following results: “(A) At least 75% of the provider’s participants receive an industry- recognized credential; and “(B) At least 80% of the provider's participants enter permanent, unsubsidized employment in the occupation of training. “Sec. 2f. Industry advisory committees. ENROLLED ORIGINAL 31 “(a)(1) The Director shall establish industry advisory committees to advise DCIA on occupational skills training offerings with the goal of aligning DCIA’s trainings with industry hiring needs. “(2) There shall be one committee per industry sector in which DCIA offers occupational skills training pursuant to section 2e(a)(1). “(3) Each committee shall consist of representatives of at least 2 employers from the relevant industry sector, whom the Director shall appoint. “(4)(A) The Director shall make initial appointments to the committees within 30 days of the effective date of this subtitle. “(B) Committee members shall disclose all existing and potential conflicts of interest to the Director. No committee member may, in any manner, directly or indirectly, participate in a deliberation upon, or the determination of, any question affecting the financial interest of any corporation, partnership, or association in which the member or a member of the member’s family is directly or indirectly interested. Committee members shall disclose the nature of any financial or personal relationships with any training providers by completing a conflict of interest form. “(b) No later than December 15, 2020, and annually thereafter in advance of the start of a new fiscal year, each Committee shall submit written recommendations to DCIA, which shall contain the following: “(1) Recommendations of 2 to 4 specific occupational skills trainings DCIA should offer; “(2) The number of District residents DCIA should train in the occupations identified pursuant to paragraph (1) of this subsection; “(3) Occupational skills required to obtain employment in the occupations identified pursuant to paragraph (1) of this subsection; “(4) A description of tools, equipment, and services necessary to conduct trainings to acquire the skills identified in paragraph (3) of this subsection; “(5) Industry-recognized credentials required for obtaining employment in the occupations identified pursuant to paragraph (1) of this subsection, when appropriate; and “(6) The feasibility of providing virtual training or distance learning and recommendations to implement virtual training. “(c) After receiving a proposed training curriculum from the DCIA pursuant to section 2e(a)(2)(B)(i), a Committee shall provide the DCIA with a written explanation of recommended modifications, if any. “(d) Within 30 calendar days after receiving a proposed scope of work for a grant or contract from DCIA pursuant to section 2e(a)(2)(C)(i), the Committee shall provide DCIA with a written explanation of recommended modifications, if any.”. ENROLLED ORIGINAL 32 SUBTITLE J. WORKPLACE LEAVE NAVIGATORS Sec. 2091. Short title. This subtitle may be cited as the “Workplace Leave Navigators Program Establishment Congressional Review Emergency Amendment Act of 2020”. Sec. 2092. Definitions. For the purposes of this subtitle, the term: (1) “Director” means the director of DOES. (2) “DOES” means the Department of Employment Services. (3) “Family and medical leave” means leave available under the District of Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code § 32-501 et seq.). (4) “Paid sick leave” means leave available under the Accrued Sick and Safe Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-531.01 et seq.). (5) “Universal paid leave” means leave benefits available under the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.). (6) “Workplace leave” means universal paid leave, paid sick leave, family and medical leave, or any other job-protected leave to which an individual may be entitled under federal or District law. Sec. 2093. Workplace Leave Navigators Program. (a) There is established a Workplace Leave Navigators Program (“Program”), which the Director shall administer. (b) The Program shall be funded with monies from the Universal Paid Leave Administration Fund, established pursuant to section 1153 of the Universal Paid Leave Implementation Fund Congressional Review Emergency Act of 2016, passed on emergency basis on October 6, 2020 (Enrolled version of Bill 23-934). (c) The Program shall provide funds to: (1) Organizations with demonstrated experience representing employees in matters related to workplace leave solely for the purpose of specific assistance to individuals in obtaining their workplace leave and benefits; and (2) Nonprofit organizations, businesses, or professional or trade associations with experience representing or assisting employers with the administration or understanding of workplace leave laws for the purpose of providing assistance to employers to share best practices or guidance regarding how to: (A) Coordinate and accommodate different types of workplace leave, along with employer-sponsored disability plans; and (B) Ensure compliance with workplace leave laws. ENROLLED ORIGINAL 33 (d)(1) Program funds issued to organizations for the purposes described in subsection (c)(1) of this section: (A) Shall be used solely to assist individuals with: (i) Filing an initial claim for universal paid leave; (ii) Determining the type of workplace leave or employer-offered leave, including an employer-sponsored disability plan, for which an individual may be eligible; (iii) Filing an administrative complaint related to the provision of workplace leave, including a complaint of retaliation; (iv) Responding to or appealing an initial administrative decision or determination related to workplace leave; or (v) Providing an employer with appropriate documentation supporting a request for workplace leave; and (B) May be used to provide training and guidance to medical providers or healthcare trade or professional associations on the requirements of workplace leave laws pertaining to documentation supporting the need for leave. (2) Program funds issued to non-profits, businesses, or professional or trade associations assisting employers for the purposes described in subsection (c)(2) of this section: (A) Shall be used to: (i) Assist employers with coordinating the employer’s workplace leave programs, including employer-sponsored disability plans, with workplace leave laws; provided, that Program funds shall not be used to decide an employee’s eligibility for a workplace leave program or for the pre-adjudication of a workplace leave claim; (ii) Provide guidance, including best practices, to an employer on what an employer must do to comply with District and federal workplace leave laws and regulations; (iii) Aid employers in responding to DOES’s request for information from the employers, including requests related to claim determinations made by DOES; (iv) Responding to an administrative complaint related to the provision of workplace leave; provided, that Program funds shall not be used to respond to a complaint of retaliation; (v) Responding to or appealing an initial administrative decision or determination related to workplace leave; and (B) May be used to provide training and guidance to medical providers or healthcare trade or professional associations on the requirements of workplace leave laws. (e) Funds for the Program may not be used to prosecute or defend claims in a lawsuit related to the provision of workplace leave. (f)(1) The Director shall issue Program funds through competitive grants administered pursuant to the requirements set forth in the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), and section 2(b-1) ENROLLED ORIGINAL 34 of the Workforce Job Development Grant-Making Authority Act of 2012, effective April 23, 2013 (D.C. Law 19-269; D.C. Official Code § 1-328.05(b-1)). (2) The Director shall issue an initial Request for Applications no later than October 31, 2020, and annually thereafter. The Director may issue multi-year grants, subject to the availability of appropriations. (3) In a fiscal year, the amount of grants the Director issues for the purposes described in subsection (c)(1) and (2) of this section shall account for the need for each such purpose, based on the potential numbers of employees and employers to be served. SUBTITLE K. SCHOOL YEAR INTERNSHIP PILOT PROGRAM Sec. 2101. Short title. This subtitle may be cited as the “School Year Internship Pilot Program Congressional Review Emergency Amendment Act of 2020”. Sec. 2102. Section 2a(a) of the Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3-46; D.C. Official Code § 32-242(a)), is amended by adding a new paragraph (2A) to read as follows: “(2A) School year internship pilot. — “(A) In Fiscal Year 2021, a pilot program called the School Year Internship Pilot Program (“Program”) for 250 District high school students to provide work- based learning opportunities during the school year. “(B)(i) High school students including students from public schools, public charter schools, private schools, and students who are homeschooled, may apply to the Department of Employment Services (“DOES”) to be matched with an internship host through the Program; provided, that a student may not otherwise participate in an internship, in-school youth employment, or a work-readiness program. “(ii) DOES shall give the applications of at-risk students priority over all other applications. “(iii) For the purposes of this subparagraph the term “at-risk” means a public school, public charter school, private school, or homeschool student who is identified as one or more of the following: “(I) Homeless; “(II) In the District’s foster care system; “(III) Qualifies for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program; or “(IV) A high school student that is one year older, or more, than the expected age for the grade in which the student is enrolled. “(C) DOES shall notify students of their placement with an internship host by January 5, 2021. ENROLLED ORIGINAL 35 “(D) Interns shall remain matched with their internship host between January 2021 and June 2021. “(E) DOES shall pay interns a training rate of $10 per hour, which it shall pay by way of a debit card provided to the intern or by direct deposit. “(F)(i) Internship hosts may be nonprofit organizations, public schools or public charter schools, government agencies, or private businesses. “(ii) Prospective internship hosts shall submit applications to participate in the Program no later than December 1, 2020. The application shall include a detailed job description that identifies specific tasks, projects, or duties that the intern will perform and the name and job title of the individual who will directly supervise the intern. “(iii) DOES shall review internship host applications and shall give priority to applications that will engage an intern in work experience activities, rather than work readiness activities, for the majority of an intern’s time. “(G) DOES shall implement the Program through public-private partnerships between the District government and an internship host that has the ability to employ youth under the Program, subject to all federal and District laws, rules, and regulations relating to the procurement and award of contracts, grants, or other government assistance. “(H)(i) DOES shall develop benchmarks for interns’ growth and development in work readiness, which internship hosts shall utilize to assess an intern’s work readiness. “(ii) An internship host shall provide its written assessment of an intern’s work readiness to DOES within 30 days after the end of the internship.”. Sec. 2103. The Department of Employment Services Local Job Training Quarterly Outcome Report Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 32–771), is amended by adding a new section 2083 to read as follows: “Sec. 2083. Department of Employment Services annual report on year-round youth programs. “(a) Starting December 15, 2020, and annually thereafter, the Department of Employment Services (“Department”) shall publish on its website and submit to the Council a report on the operations of its year-round youth programs, including: “(1) The In-School Youth Program; “(2) The Out-of-School Youth Program; “(3) The Marion Barry Youth Leadership Institute; “(4) Pathways for Young Adults Program; “(5) Youth Earn and Learn Program; “(6) The High School Internship Program; “(7) In-School Youth Innovation Grants; and “(8) In-school DCHR internship program. ENROLLED ORIGINAL 36 “(b) The report shall include the following information for each program from the previous fiscal year: “(1) The number of participants newly enrolled; “(2) The total number of participants, disaggregated by ward, grade, school, age, and, if known, at-risk status; “(3) Each program’s total expenditures, disaggregated by fund type (federal, local, intra-District, or special purpose revenue funds); and “(4) The names of any vendors, grantees, host employers (including public schools and public charter schools for the High School Internship Program), host sites, or other organizations providing services to youth. “(c) The Department may withhold from the report required pursuant to subsection (b) of this section any information precluded from release by federal law, rule, or policy; provided, that, if at a later time, such information may be released, the Department shall supplement the next annual report following the date on which the information may be shared with the withheld information. “(d) For the purposes of this section, the term “at-risk” means a public school, public charter school, private school, or homeschool student who is identified as one or more of the following: “(1) Homeless; “(2) In the District’s foster care system; “(3) Qualifies for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program; or “(4) A high school student that is one year older, or more, than the expected age for the grade in which the student is enrolled.”. SUBTITLE L. UNEMPLOYMENT INSURANCE MODERNIZATION Sec. 2111. Short title. This subtitle may be cited as the “Unemployment Insurance Modernization Requirements Congressional Review Emergency Act of 2020”. Sec. 2112. Unemployment insurance modernization requirements. (a) The Department of Employment Services (“DOES”) shall launch an integrated, fully modernized, and fully functioning unemployment insurance information technology benefits and tax system (“benefits system”) for public use no later than September 30, 2022. (b) The benefits system shall include an internet accessible public interface that: (1) Can be accessed from all major internet browsers and used on mobile devices and personal computers; (2) Is accessible to people with disabilities in compliance with section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794), and ENROLLED ORIGINAL 37 Title II of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 337; 42 U.S.C. § 12131 et seq.); and (3) Complies with the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.). (c)(1) The Office of Contracting and Procurement (“OCP”), in consultation with DOES, should issue a Request for Proposals for the full modernization of the benefits system, consistent with the requirements of subsections (a) and (b) of this section, no later than October 30, 2020. (2) The OCP should award a contract for the full modernization of the benefits system no later than January 15, 2021. Sec. 2113. (a) Beginning no later than 15 days after the effective date of this subtitle, on any day when American Job Centers are closed (excluding weekends, holidays, and staff training days), the Department of Employment Services (“DOES”) shall provide the following materials at its headquarters from 8:30 a.m. to 5:00 p.m.: (1) Hard copies of unemployment insurance benefits applications, with hard copies of all instructions that are available online for completing the application; (2) Hard copies of DOES complaint forms for violations of District labor laws, including wage and hour, accrued paid sick time, and workers’ compensation laws, with hard copies of all instructions that are available online for completing each form; (3) Envelopes individuals may use in submitting their applications and complaint forms, with space on the outside to identify the form being submitted; and (4) A locked box with a slot into which individuals may deposit their completed applications and complaint forms. (b) The DOES shall make the materials identified in subsection (a) of this section available in a location at its headquarters that is publicly and handicap accessible. SUBTITLE M. TRANSGENDER AND NON-BINARY EMPLOYMENT STUDY Sec. 2121. Short title. This subtitle may be cited as the “District Government Transgender and Non-Binary Employment Study Congressional Review Emergency Act of 2020”. Sec. 2122. The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq), is amended by adding a new Title VII-B to read as follows: “TITLE VII-B GENDER IDENTITY STUDY “Sec. 760. Definitions. “For the purposes of this title, the term: “(1) “Cisgender” means individuals whose sex assigned at birth matches the individual’s perceived gender. ENROLLED ORIGINAL 38 “(2) “Gender identity” means an individual’s internal sense of the individual’s gender, which may be the same as or different from sex assigned at birth and can include male, female, neither, or both. “(3) “Non-binary” includes individuals whose gender identity is neither entirely male nor entirely female, or varies between the two. “(4) “Transgender” includes individuals whose gender identity or expression is different from that typically associated with their assigned sex at birth. “Sec. 761. Study of transgender and non-binary employment. “(a) The Mayor shall contract with an entity to conduct a study of employment data, hiring and recruitment practices, and workplace climate in District government agencies in relation to people who are transgender or non-binary. At a minimum, the study shall include: “(1) A census of employees who identify as transgender or non-binary, including information on the employees’ race and ethnicity, gender identity, and age; “(2) A review of District government agencies’ transgender and non-binary inclusion policies, including policies developed under the Human Rights Act of 1977, effective December 13, 1977, (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.) (“Human Rights Act”), and any regulations promulgated pursuant to the Human Rights Act, and an evaluation of the extent to which District government agencies have implemented such polices and how transgender and non-binary employees experience such polices; “(3) An evaluation of District government agencies’ actual recruitment, hiring, retention, and promotion practices related to prospective and current transgender and non-binary employees; “(4) An analysis of any disparities in earnings, title, pay grade, length of time in position, and educational attainment between employees who identify as transgender or non- binary and employees who identify as cisgender; “(5) An assessment of transgender and non-binary employees’ workplace experiences as employees of District government agencies, including experiences of discrimination, harassment, or mistreatment on the job; “(6) An evaluation of data, including participant demographics and program outcomes, for transgender or non-binary participants in the Department of Employment Services’ job training programs; and “(7) Recommendations for District government agencies on improving employment and hiring practices as they relate to individuals who are transgender or non-binary. “(b) The contractor may survey employees to gather data for the purposes of the study. “(c) The contractor completing the study shall: “(1) Have, or partner with another entity with, experience studying and knowledge of sexual orientation and gender identity; “(2) Include a statement in requests for information and surveys sent to employees explaining that providing information is voluntary; “(3) Ensure the privacy, dignity, and confidentiality of employees; ENROLLED ORIGINAL 39 “(4) Not disclose, or retain after the study is complete, personally identifiable information gathered in the course of the study; and “(5) Consult with the Office of Human Rights in developing a detailed proposed plan of the study, surveys to be administered, and any resulting recommendations from the entity. “(d) The Mayor may use electronic communication tools, including e-mail, to facilitate the contractor’s outreach to District government employees. “(e) The Mayor shall: “(1) Review the contractor’s proposals and recommendations to ensure they are consistent with the Human Rights Act; “(2) Review data, with personally identifiable information removed, on harassment and discrimination complaints filed by transgender and non-binary employees against District government agencies since January 1, 2015; “(3) Provide the contractor with the information necessary to facilitate subsection (a) of this section; and “(4) Submit a final report with findings and recommendations to the Council no later than December 31, 2021. The final report submitted to the Council shall not contain any personally identifiable information.”. SUBTITLE N. TIPPED WAGE WORKERS FAIRNESS CLARIFICATION Sec. 2131. Short title. This subtitle may be cited as the “Tipped Workers Fairness Clarification Congressional Review Emergency Amendment Act of 2020”. Sec. 2132. The Tipped Wage Workers Fairness Amendment Act of 2018, effective December 13, 2018 (D.C. Law 22-196; D.C. Official Code § 32-161 et seq.), is amended as follows: (a) Section 3 (D.C. Official Code § 32-161) is amended as follows: (1) Subsection (a)(1) is amended as follows: (A) The lead-in language is amended by striking the phrase “By April 1, 2020” and inserting the phrase “Within 120 days after the date this section becomes applicable” in its place. (B) Subparagraph (F) is repealed. (2) Subsection (b) is amended as follows: (A) Paragraph (1) is amended as follows: (i) The lead-in language is amended by striking the phrase “By April 1, 2020” and inserting the phrase “Within 120 days after the date this section becomes applicable” in its place. (ii) Subparagraph (B) is amended to read as follows: ENROLLED ORIGINAL 40 “(B) The following text formatted in a large font and for maximum readability, including the use of bullet points to call out each specified right on a separate line: “EMPLOYEE RIGHTS IN THE DISTRICT OF COLUMBIA: Do you know your rights as an employee working in Washington, D.C.? Employees have the right: • To be paid at least the minimum wage; • To be paid on time; • To receive a detailed pay stub; • To accrue and use paid sick and safe leave; • To request time off to attend a child’s school-related activities; • To qualify for unpaid family and medical leave; • To be compensated for work-related illness or injury; • To remain free from discrimination; • To be accommodated in the workplace during pregnancy; • To remain free from employer retaliation for discussing or exercising any of these rights; and • To file a complaint for violation of workplace rights with the Department of Employment Services (DOES) or the Office of Human Rights (OHR), To learn about these and other workplace rights, visit the website below. This notice does not create, expand, or limit rights under District or federal law.”. (B) Paragraph (2) is amended by striking the phrase “The poster” and inserting the phrase “Below the text required pursuant to paragraph (1)(B) of this subsection, the poster” in its place. (3) Subsection (d)(6) is repealed. Sec. 2133. The Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1001 et seq.), is amended as follows: (a) Section 10a (D.C. Official Code § 32-1009.01) is amended as follows: (1) Subsection (a) is amended to read as follows: "(a)(1) As of January 1, 2020, the third-party payroll businesses required pursuant to section 9(a-1) to process payroll for an employer that employs a tipped worker and hotel employers that employ a tipped worker shall submit a quarterly wage report for the preceding calendar quarter to the Mayor no later than 30 days after the end of each calendar quarter. “(2) Each quarterly wage report shall certify that each tipped worker was paid at least the required minimum wage, including gratuities, and shall include the following: “(A) Itemized, for each tipped worker, the worker’s: “(i) Name; “(ii) Average hourly wage received per week during the quarter; “(iii) Total hours worked at or above the minimum hourly wage established under section 4(f) per week; ENROLLED ORIGINAL 41 “(iv) Gross wages received per week; and “(v) Total gratuities received per week. “(B) For a hotel employer, a certification that all of the information in the report is accurate; “(C) For a third-party payroll business, a certification that the information in the report was generated using the same payroll data used to generate the information required to be furnished to employees pursuant to section 9(b); and “(D) If tips were shared, a copy of the employer’s tip-sharing policy used during the quarter, unless the third-party payroll business and the employer have agreed that the employer will submit the tip-sharing policy, in which case, a certification that such an agreement was in place during the calendar quarter. “(3)(A) An employer that agrees to submit its tip-sharing policy directly to the Mayor shall submit the policy to the Mayor no later than 30 days after the end of each calendar quarter. “(B) If the Mayor does not receive the tip-sharing policy of an employer that employs a tipped worker by the submission deadline for quarterly wage reports, the Mayor shall presume that the employer did not have a tip-sharing policy in place during the calendar quarter.”. (2) Subsection (b)(2) is amended to read as follows: “(2) A person required to submit documents pursuant to subsection (a) of this section shall submit the documents online through the Internet-based portal, unless the Mayor exempts the person from online reporting because it creates a hardship for the person, in which case, the person shall submit the documents in hard-copy form.”. (3) A new subsection (d) is added to read as follows: “(d) For the purposes of this section the term “tipped worker” means an employee paid in accordance with section 4(f).”. (b) Section 12(d)(1) (D.C. Official Code § 32-1011(d)(1)) is amended by adding a new subparagraph (E-i) to read as follows: “(E-i) $500 against an employer for each failure to timely submit the quarterly wage report required pursuant to section 10a, in its entirety, unless the employer proves that it used a third-party payroll business to process the relevant quarter’s payroll for the employer.”. SUBTITLE O. UNIVERSAL PAID LEAVE FUND Sec. 2141. Short title. This subtitle may be cited as the “Universal Paid Leave Fund Congressional Review Emergency Amendment Act of 2020”. Sec. 2142. The Universal Paid Leave Implementation Fund Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 32-551.01), is amended as follows: ENROLLED ORIGINAL 42 (a) A new section 1151a is added to read as follows: “Sec. 1151a. Definitions. “For the purposes of this subtitle, the term “Act” means the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32- 541.01 et seq.).”. “(b) Section 1152 (D.C. Code § 32-551.01) is amended as follows: “(1) The section heading is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. “(2) Subsection (a) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (3) Subsection (b) is amended to read as follows: “(b) Money in the Fund shall be used to: (1) Pay benefits provided under the Act; and (2) Fund the Universal Paid Leave Administration Fund established pursuant to section 1153(a) in the following amounts: “(A) No more than 8.75% of money in the Fund for the purposes described in section 1153(c)(1); “(B) No more than .75% of the money in the Fund for the purposes described in section 1153(c)(2); and “(C) No more than 0.5% of the money in the Fund for the purposes described in section 1153(c)(3). (c) A new section 1153 is added to read as follows: “Sec. 1153. Universal Paid Leave Administration Fund. “(a) There is established as a special fund the Universal Paid Leave Administration Fund (“Fund”), which shall be administered by the Department of Employment Services (“DOES”) in accordance with subsections (c), (d), (e), and (f) of this section. “(b) Pursuant to section 1152(b)(2), amounts appropriated from the Universal Paid Leave Fund annually for the purposes described in subsection (c) of this section shall be deposited in the Fund. “(c) Money in the Fund shall be used for the following purposes: “(1) Administration of the Act by DOES, including public education pursuant to section 106(j) of the Act (D.C. Official Code § 32-541.06(j)); provided, that no more than 6% of the money appropriated annually for administration may be used for public education and of those public education funds, at least $500,000 shall be used to fund the Workplace Leave Navigators Program established pursuant to section 2093 of the Workplace Leave Navigators Program Establishment Congressional Review Emergency Amendment Act of 2020, passed on emergency basis on October 6, 2020 (Enrolled version of Bill 23-934); “(2) Enforcement of section 108(e) and section 110(a) and (b) of the Act by the Office of Human Rights, which may include education and outreach on individuals’ rights under the Act; and ENROLLED ORIGINAL 43 “(3) Hearing of appeals of claim determinations by the Office of Administrative Hearings, pursuant to section 108(a), (b), and (c) of the Act (D.C. Official Code § 32-541.08(a), (b), and (c)). “(d) Beginning no later than October 1, 2020, and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Human Rights for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(2) of this section, for enforcement; provided, that DOES shall transfer funds appropriated for enforcement to the Office of Human Rights no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year. “(e) Beginning no later than October 1, 2020 and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Administrative Hearings for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(3) of this section, for hearing of appeals of claim determinations; provided, that DOES shall transfer funds appropriated for hearing of appeals of claim determinations to the Office of Administrative Hearings no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year. “(f) Money deposited into the Fund but not expended in a fiscal year shall revert to the Universal Paid Leave Fund, established pursuant to section 1152.”. Sec. 2143. Conforming amendments. The Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.), is amended as follows: (a) Subsection 101 (D.C. Official Code § 32-541.01) is amended as follows: (1) Paragraph (10)(A) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (2) Paragraph (21) is amended by striking the phrase ““Universal Paid Leave Implementation Fund” means the Uniform Paid Leave Implementation Fund” and inserting the phrase ““Universal Paid Leave Fund” means the Universal Paid Leave Fund” in its place. (b) Section 103 (D.C. Official Code § 32-541.03) is amended as follows: (1) The section heading is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (2) Subsection (a) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (3) Subsection (b) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (4) Subsection (c) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (5) Subsection (d) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. ENROLLED ORIGINAL 44 (6) Subsection (e) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (7) Subsection (f) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (c) Section 104(g)(6)(A) (D.C. Official Code § 32-541.04(g)(6)(A)) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (d) Section 105(a)(2) (D.C. Official Code § 32-541.05(a)(2)) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (e) Section 106(j)(1) (D.C. Official Code § 32-541.06(j)(1)) is amended to read as follows: “(j)(1) The Mayor shall conduct a public-education campaign, which shall be paid for out of the Universal Paid Leave Administration Fund, pursuant to section 1153(c)(1) of the Universal Paid Leave Implementation Fund Act of 2016, passed on emergency basis on October 6, 2020 (Enrolled version of Bill 23-934), to inform individuals of the benefits provided for in this act. The Workplace Leave Navigators Program, established pursuant to section 2093 of the Workplace Leave Navigators Program Establishment Congressional Review Emergency Amendment Act of 2020, passed on emergency basis on October 6, 2020 (Enrolled version of Bill 23-934), shall be a component of the Mayor’s public-education campaign.”. (f) Section 109(c) (D.C. Official Code § 32-541.09(c)) is amended as follows: (1) Paragraph (1) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (2) Paragraph (2) is amended by striking the phrase “Universal Paid Leave Implementation” both times it appears and inserting the phrase “Universal Paid Leave” in its place. SUBTITLE P. SHARED WORK COMPENSATION PROGRAM Sec. 2151. Short title. This subtitle may be cited as the “Shared Work Compensation Program Clarification Congressional Review Emergency Amendment Act of 2020”. Sec. 2152. The Keep D.C. Working Act of 2010, effective October 15, 2010 (D.C. Law 18-238; D.C. Official Code § 51-171 et seq.), is amended as follows: (a) Section 2 (D.C. Official Code § 51-171) is amended as follows: (1) Paragraph (4) is repealed. (2) New paragraphs (4A) and (4B) are added to read as follows: “(4A) “Health and retirement benefits” means employer-provided health benefits, and retirement benefits under a defined benefit plan, as defined in section 414(j) of the Internal Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(j)), or ENROLLED ORIGINAL 45 contributions under a defined contribution plan, as defined in section 414(i) of the Internal Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(i)), which are incidents of employment in addition to the cash remuneration earned. “(4B) “Participating employee” means an employee who voluntarily agrees to participate in an employer’s shared work plan.”. (3) Paragraph (5) is amended to read as follows: “(5) “Usual weekly hours of work” means the usual hours of work per week for full-time or part-time employees in the affected unit when that unit is operating on its regular basis, not to exceed 40 hours and not including hours of overtime work.”. (4) Paragraph (7) is amended to read as follows: “(7) “Shared work benefits” means the unemployment benefits payable to a participating employee in an affected unit under a shared work plan, as distinguished from the unemployment benefits otherwise payable under the employment security law.”. (5) Paragraph (8) is amended to read as follows: “(8) “Shared work plan” means a written plan to participate in the shared work unemployment compensation program approved by the Director, under which the employer requests the payment of shared work benefits to participating employees in an affected unit of the employer to avert temporary or permanent layoffs, or both.”. (b) Section 4 (D.C. Official Code § 51-173) is amended to read as follows: “Sec. 4. Employer participation in the shared work unemployment compensation program. “(a) Employer participation in the shared work unemployment compensation program shall be voluntary. “(b) An employer that wishes to participate in the shared work unemployment compensation program shall submit a signed application and proposed shared work plan to the Director for approval. “(c) The Director shall develop an application form consistent with the requirements of this section. The application and shared work plan shall require the employer to: “(1) Identify the affected unit (or units) to be covered by the shared work plan, including: “(A) The number of full-time or part-time employees in such unit; “(B) The percentage of employees in the affected unit covered by the plan; “(C) Identification of each individual employee in the affected unit by name and social security number; “(D) The employer’s unemployment tax account number, and “(E) Any other information required by the Director to identify participating employees; “(2) Provide a description of how employees in the affected unit will be notified of the employer’s participation in the shared work unemployment compensation program if such application is approved, including how the employer will notify those employees in a collective ENROLLED ORIGINAL 46 bargaining unit as well as any employees in the affected unit who are not in a collective bargaining unit. If the employer will not provide advance notice of the shared work plan to employees in the affected unit, the employer shall explain in a statement in the application why it is not feasible to provide such notice; “(3) Identify the usual weekly hours of work for employees in the affected unit and the specific percentage by which hours will be reduced during all weeks covered by the plan. A shared work plan may not reduce participating employees’ usual weekly hours of work by less than 10% or more than 60%. If the plan includes any week for which the employer regularly provides no work (due to a holiday or other plant closing), then such week shall be identified in the application; “(4) If the employer provides health and retirement benefits to any participating employee whose usual weekly hours of work are reduced under the plan, certify that such benefits will continue to be provided to participating employees under the same terms and conditions as though the usual weekly hours of work of such participating employee had not been reduced or to the same extent as employees not participating in the shared work plan. For defined benefit retirement plans, the hours that are reduced under the shared work plan shall be credited for purposes of participation, vesting, and accrual of benefits as though the participating employee’s usual weekly hours of work had not been reduced. The dollar amount of employer contributions to a defined contribution plan that are based on a percentage of compensation may be reduced due to the reduction in the participating employee’s compensation. A reduction in health and retirement benefits scheduled to occur during the duration of a shared work plan that is equally applicable to employees who are not participating in the plan and to participating employees does not violate a certification made pursuant to this paragraph; “(5) Certify that the aggregate reduction in work hours under the shared work plan is in lieu of temporary or permanent layoffs, or both, and provide a good-faith estimate of the number of employees who would be laid off in the absence of the proposed shared work plan; “(6) Agree to: “(A) Furnish reports to the Director relating to the proper conduct of the shared work plan; “(B) Allow the Director or the Director’s authorized representatives access to all records necessary to approve or disapprove the application for a shared work plan; “(C) Allow the Director to monitor and evaluate the shared work plan; and “(D) Follow any other directives the Director considers necessary for the agency to implement the shared work plan consistent with the requirements for shared work plan applications; “(7) Certify that participation in the shared work unemployment compensation program and implementation of the shared work plan will be consistent with the employer’s obligations under applicable federal and District laws; ENROLLED ORIGINAL 47 “(8) State the duration of the proposed shared work plan, which shall not exceed 365 days from the effective date established pursuant to section 6; “(9) Provide any additional information or certifications that the Director determines to be appropriate for purposes of the shared work unemployment compensation program, consistent with requirements issued by the United States Secretary of Labor; and “(10) Provide written approval of the proposed shared work plan by the collective bargaining representative for any employees covered by a collective bargaining agreement who will participate in the plan.”. (c) Section 5 (D.C. Official Code § 51-174) is amended to read as follows: “Sec. 5. Approval and disapproval of a shared work plan. “(a)(1) The Director shall approve or disapprove an application for a shared work plan in writing within 15 calendar days of its receipt and promptly issue a notice of approval or disapproval to the employer. “(2) A decision disapproving the shared work plan shall clearly identify the reasons for the disapproval. “(3) A decision to disapprove a shared work plan shall be final, but the employer may submit another application for a shared work plan not earlier than 10 calendar days from the date of the disapproval. “(b) Except as provided in subsections (c) and (d) of this section, the Director shall approve a shared work plan if the employer: “(1) Complies with the requirements of section 4; and “(2) Has filed all reports required to be filed under the employment security law for all past and current periods, and: “(A) Has paid all contributions and benefit cost payments; or “(B) If the employer is a reimbursing employer, has made all payments in lieu of contributions due for all past and current periods. “(c) Except as provided in subsection (d) of this section, the Director may not approve a shared work plan: “(1) To provide payments to an employee if the employee is employed by the participating employer on a seasonal, temporary, or intermittent basis; “(2) If the employer's unemployment insurance account has a negative unemployment experience rating; “(3) If the employer's unemployment insurance account is taxed at the maximum tax rate in effect for the calendar year; “(4) For employers who have not qualified to have a tax rate assigned based on actual experience; or “(5) For employees who are receiving or who will receive supplemental unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any period a shared work plan is in effect. ENROLLED ORIGINAL 48 “(d) During the effective period of a shared work plan entered into during a public health emergency, subsection (c) of this section shall not apply. During a public health emergency, the Director may not approve a shared work plan: “(1) To provide payments to an employee if the employee is employed by the participating employer on a seasonal, temporary, or intermittent basis; “(2) For employees who are receiving or who will receive supplemental unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any period a shared work plan is in effect; or “(3) For employers that have reported quarterly earnings to the Director for fewer than 3 quarters at the time of the application for the shared work unemployment compensation program. “(e) For the purposes of this section, the term “public health emergency” means the public health emergency declared in the Declaration of Public Health Emergency (Mayor’s Order 2020-046), declared on March 11, 2020, and any extensions thereof.”. (d) Section 6 (D.C. Official Code § 51-175) is amended to read as follows: “Sec. 6. Effective date and expiration, termination, or revocation of a shared work plan. “(a) A shared work plan shall be effective on the date that is mutually agreed upon by the employer and the Director, which shall be specified in the notice of approval to the employer. “(b) The duration of the plan shall be 365 days from the effective date, unless a shorter duration is requested by employer or the plan is terminated or revoked in accordance with this section. “(c) An employer may terminate a shared work plan at any time upon written notice to the Director, participating employees, and a collective bargaining representative for the participating employees. After receipt of such notice from the employer, the Director shall issue to the employer, the appropriate collective bargaining representative, and participating employees an Acknowledgment of Voluntary Termination, which shall state the date the shared work plan terminated. “(d) The Director may revoke a shared work plan at any time for good cause, including: “(1) Failure to comply with the certifications and terms of the shared work plan; “(2) Failure to comply with federal or District law; “(3) Failure to report or request proposed modifications to the shared work plan in accordance with section 7; “(4) Unreasonable revision of productivity standards for the affected unit; “(5) Conduct or occurrences tending to defeat the purpose and effective operation of the shared work plan; “(6) Change in conditions on which approval of the plan was based; “(7) Violation of any criteria on which approval of the plan was based; or “(8) Upon the request of an employee in the affected unit. ENROLLED ORIGINAL 49 “(e) Upon a decision to revoke a shared work plan, the Director shall issue a written revocation order to the employer that specifies the reasons for the revocation and the date the revocation is effective. The Director shall provide a copy of the revocation order to all participating employees and their collective bargaining representative. “(f) The Director may periodically review the operation of an employer’s shared work plan to ensure compliance with its terms and applicable federal and District laws. “(g) An employer may submit a new application for a shared work plan at any time after the expiration or termination of a shared work plan.”. (e) Section 7 (D.C. Official Code § 51-176) is amended to read as follows: “Sec. 7. Modification of a shared work plan. “(a) An employer may not implement a substantial modification to a shared work plan without first obtaining the written approval of the Director. “(b)(1) An employer must report, in writing, every proposed modification of the shared work plan to the Director a least 5 calendar days before implementing the proposed modification. The Director shall review the proposed modification to determine whether the modification is substantial. If the Director determines that the proposed modification is substantial, the Director shall notify the employer of the need to request a substantial modification. “(2) An employer may request a substantial modification to a shared work plan by filing a written request with the Director. The request shall identify the specific provisions of the shared work plan to be modified and provide an explanation of why the proposed modification is consistent with and supports the purposes of the shared work plan. A modification may not extend the expiration date of the shared work plan. “(c)(1) At the Director’s discretion, an employer’s request for a substantial modification of a shared work plan may be approved if: “(A) Conditions have changed since the plan was approved; and “(B) The Director determines that the proposed modification is consistent with and supports the purposes of the approved plan. “(2) The Director shall approve or disapprove a request for substantial modification, in writing, within 15 calendar days of receiving the request and promptly shall communicate the decision to the employer. If the request is approved, the notice of approval shall contain the effective date of the modification.”. (f) Section 8 (D.C. Official Code § 51-177) is amended to read as follows: “Sec. 8. Employee eligibility for shared work benefits. “(a) A participating employee is eligible to receive shared work benefits with respect to any week only if the individual is monetarily eligible for unemployment compensation, not otherwise disqualified from unemployment compensation, and: “(1) With respect to the week for which shared work benefits are claimed, the participating employee was covered by a shared work plan that was approved prior to that week; “(2) Notwithstanding any other provision of the employment security law relating to availability for work and actively seeking work, the participating employee was available for ENROLLED ORIGINAL 50 the individual’s usual hours of work with the shared work employer, which may include availability to participate in training to enhance job skills approved by the Director, such as employer-sponsored training or training funded under the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.); and “(3) Notwithstanding any other provision of law, a participating employee is deemed unemployed for the purposes of determining eligibility to receive unemployment compensation benefits in any week during the duration of such plan if the individual’s remuneration as an employee in an affected unit is reduced under the terms of the plan. “(b) A participating employee may be eligible for shared work benefits or unemployment compensation, as appropriate, except that no participating employee may be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for regular unemployment compensation; nor shall a participating employee be paid shared work benefits for more than 52 weeks under a shared work plan or in an amount more than the equivalent of the maximum of 26 weeks of regular unemployment compensation. “(c) The shared work benefit paid to a participating employee shall be deducted from the maximum entitlement amount of regular unemployment compensation established for that individual's benefit year. “(d) Provisions applicable to unemployment compensation claimants under the employment security law shall apply to participating employees to the extent that they are not inconsistent with this act. A participating employee who files an initial claim for shared work benefits shall receive a monetary determination of whether the individual is eligible to receive benefits. “(e) A participating employee who has received all of the shared work benefits or combined unemployment compensation and shared work benefits available in a benefit year shall be considered an exhaustee, as defined in section 7(g)(1)(H) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 949; D.C. Official Code § 51–107(g)(1)(H)) (“Act”), for purposes of eligibility to receive extended benefits pursuant to section 7(g) of the Act (D.C. Official Code § 51–107(g)), and, if otherwise eligible under that section, shall be eligible to receive extended benefits. “(f) Shared work benefits shall be charged to employers’ experience rating accounts in the same manner as unemployment compensation is charged under the employment security law, unless waived by federal or District law. Employers liable for payments in lieu of contributions shall have shared work benefits attributed to service in their employ in the same manner as unemployment compensation is attributed, unless waived by federal or District law.”. (g) Section 9 (D.C. Official Code § 51-178) is amended as follows: (1) Subsection (a) is amended to read as follows: “(a)(1) Except as provided in paragraph (2) of this subsection, the weekly benefit for a participating employee shall be the product of the regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the participating employee’s usual weekly hours of work. ENROLLED ORIGINAL 51 “(2) The shared work benefit for a participating employee who performs work for another employer during weeks covered by a shared work plan shall be calculated as follows: “(A) If the combined hours of work in a week for both employers results in a reduction of less than 10% of the usual weekly hours of work the participating employee works for the shared work employer, the participating employee is not eligible for shared work benefits; “(B) If the combined hours of work for both employers results in a reduction equal to or greater than 10% of the usual weekly hours worked for the shared work employer, the shared work benefit payable to the participating employee is determined by multiplying the weekly unemployment benefit amount for a week of total unemployment by the percentage by which the combined hours of work have been reduced. A week for which benefits are paid under this subparagraph shall be reported as a week of shared work benefits. “(C) If an individual worked the reduced percentage of the usual weekly hours of work for the shared work employer and is available for all the participating employee’s usual hours of work with the shared work employer, and the participating employee did not work any hours for the other employer, either because of the lack of work with that employer or because the participating employee is excused from work with the other employer, the participating employee shall be eligible for the full value of the shared work benefit for that week.”. (2) Subsection (b) is repealed (3) New subsections (c) and (d) are added to read as follows: “(c) A participating employee who is not provided any work during a week by the shared work employer or any other employer and who is otherwise eligible for unemployment compensation shall be eligible for the amount of regular unemployment compensation to which the individual would otherwise be eligible. “(d) A participating employee who is not provided any work by the shared work employer during a week, but who works for another employer and is otherwise eligible for unemployment compensation may be paid unemployment compensation for that week subject to the disqualifying income provision and other provisions applicable to claims for regular unemployment compensation.”. SUBTITLE Q. EQUITABLE IMPACT ASSISTANCE FOR LOCAL BUSINESS Sec. 2161. Short title. This subtitle may be cited as the “Equitable Impact Assistance for Local Businesses Congressional Review Emergency Act of 2020”. Sec. 2162. Definitions. For the purposes of this subtitle, the term: (1) “Economically disadvantaged individual” shall have the same meaning as set forth in section 2302(7) of the Small and Certified Business Enterprise Development and ENROLLED ORIGINAL 52 Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2- 218.02(7)). (2)(A) “Eligible business” means an equity impact enterprise that has $2 million or less in annual revenue and certifies in writing that the business is unable to obtain conventional financing or is a business enterprise that cannot reasonably be expected to qualify for financing under the standards of commercial lending. (B) For the purposes of this paragraph, the phrase “unable to obtain conventional financing” means that the business has attempted but failed in the attempt to obtain financing from conventional sources. (3) “Equity impact enterprise” shall have the same meaning as set forth in section 2303(8A) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(8A)). (4) “Fund” means the Equity Impact Fund established in section 2163. (5) “Fund Manager” means a private financial organization selected by the Mayor pursuant to section 2164. (6) “Private financial organization” means a partnership, corporation, trust, limited liability company, Community Development Financial Institution, or a consortium of partnerships, corporations, trusts, limited liability companies, or Community Development Financial Institutions, whether organized on a profit or not-for-profit basis, that has as its primary activity the investment of capital into businesses. Sec. 2163. Establishment of the Equity Impact Fund. (a)(1) There is established a fund outside the General Fund of the District of Columbia, designated as the Equity Impact Fund (“Fund”), which shall be managed by a Fund Manager selected by the Mayor. (2) The Deputy Mayor for Planning and Economic Development shall provide, upon selection of the Fund Manager, $1.25 million in the aggregate in Fiscal Year 2021 for deposit into the Fund (“District’s initial investment”). (b) The Fund shall be funded by money appropriated for the purposes of the Fund, other amounts, if any, received by the District or Fund Manager for deposit into the Fund, and any monies received as gifts, grants, donations, and awards. (c) Money in the Fund shall be used for the following purposes: (1) To facilitate investment in businesses that lack access to capital; (2) To make investments into eligible businesses based on an investment strategy determined by the Fund Manager; and (3) To administer the Fund, including the provision of technical assistance to eligible businesses; provided, that no more than 15% of the District’s initial investment may be used annually for this purpose. ENROLLED ORIGINAL 53 Sec. 2164. Fund Manager selection. (a) The Mayor shall solicit applications, in a form determined by the Mayor, for the position of Fund Manager from private financial organizations. The application shall contain description of: (1) The qualifications of the applicant, including demonstrable experience in investing in small businesses, businesses owned by economically disadvantaged individuals, businesses owned by individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities, or businesses that otherwise meet the definition of, or are similar to, an equity impact enterprise; (2) How the applicant will structure the Fund and investment criteria to achieve the goals and objectives of the Fund; (3) The ability and plans of the applicant to provide or raise sufficient funds to provide matching contributions for the Fund; (4) The ability of the applicant to maintain a sufficient fund balance to administer the Fund; (5) The type of businesses to be targeted for priority investment from the Fund; (6) A demonstrable ability to offer a variety of financing vehicles, including equity financing, revenue-based financing, royalty financing, and debt financing; (7) The investment strategies the applicant will employ to achieve the goals and objectives of the Fund; and (8) Other criteria that the Mayor considers necessary or appropriate. (b) The Fund Manager shall be selected from among the applicants for the position based on a scoring rubric established by the Mayor; provided, that: (1) A preference be given to applicants that are at least 51% owned, operated, or controlled by economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; and (2) If the applicant manages an existing investment fund, the existing fund not exceed $100,000,000 in total investments. Sec. 2165. Minimum requirements for investment. (a) The Fund Manager shall source, underwrite, and monitor all investments placed pursuant to this subtitle. Except as otherwise provided by this subtitle, the Mayor shall not determine the recipient, amount, interest rate, or any other requirement related to an investment made pursuant to this subtitle. (b) The following requirements shall apply to any investment in an eligible business made from the Fund using the District’s initial investment or interest earned on the initial investment: ENROLLED ORIGINAL 54 (1) The Fund Manager shall begin accepting applications from eligible businesses seeking investment, on a rolling basis, within 30 days of being selected for the position by the Mayor. (2) For the Fund Manager to provide an investment from the Fund, the eligible business must agree, in writing, to participate in technical assistance training. (3) The Fund Manager shall establish, for each selected eligible business, a 12- month individualized business plan. Investments shall be distributed to the eligible business in installments based upon completion of specific milestones clearly described in the business’s individualized business plan. The individualized business plan shall include technical assistance, provided at no cost to the business, which shall include education on the management and scale of a business through live training or guided recorded sessions. All eligible businesses that receive an investment from the Fund shall be required to participate in at least 3 months of technical assistance training. Sec. 2166. Reporting requirements. The Fund Manager shall submit to the Mayor, on a quarterly basis, a report on the activities of the Fund. The report shall include, at a minimum: (1) The aggregate amount of dollars invested in eligible businesses during the reporting period; (2) The number of eligible businesses receiving an investment, including the name and business address for each; (3) A copy of the individualized business plan for each eligible business, including a description of the technical assistance training provided; and (4) The aggregate amount of funds in the Fund and a breakdown of the amount of the funds in the Fund used for each of the following, with each amount reported as a percentage of the aggregate amount of the Fund: (A) The percentage used for technical training assistance; (B) The percentage used for administration costs; and (C) The percentage used to compensate the Fund Manager. Sec. 2167. Recovery of District investment. The Mayor shall reserve the right to recover the amount of its initial investment into the Fund and may exercise this right if the Fund Manager does not, within a reasonable period, as determined by the Mayor, place investments into eligible businesses in an amount equal to the amount of the District’s initial investment into the Fund. SUBTITLE R. AFFORDABLE HOUSING LOAN FUND AUTHORIZATION Sec. 2171. Short Title. This subtitle may be cited as the “Affordable Housing Loan Fund Authorization Congressional Review Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 55 Sec. 2172. The Department of Housing and Community Development is authorized to submit an application for the program offered by the U.S. Department of Housing and Urban Development, pursuant to section 108 of the Housing and Community Development Act of 1974, approved August 22, 1974 (88 Stat. 647; 42 U.S.C. § 5308), to provide a gap subsidy resource source for Community Development Block Grant-eligible affordable housing acquisition and rehabilitation projects in Fiscal Year 2021 that also meet the criteria for the use of money in the Housing Preservation Fund, established by section 2032 of the Housing Preservation Fund Establishment Act of 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 1-325.351), or the Housing Production Trust Fund, established by section 3 of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802). Sec. 2173. Section 2009(d) of the Department of Housing and Community Development Unified Fund Establishment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; D.C. Official Code § 42-2857.01(d)), is amended as follows: (a) The existing text is designated as paragraph (1). (b) A new paragraph (2) is added to read as follows: “(2) Costs associated with the application or implementation of projects pursuant to the Affordable Housing Loan Fund Authorization Congressional Review Emergency Amendment Act of 2020, passed on emergency basis on October 6, 2020 (Enrolled version of Bill 23-934), shall not be considered project-delivery costs for purposes of paragraph (1) of this subsection.”. Sec. 2174. Section 3(b)(10) of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802(b)(10)), is amended as follows: (a) The existing text is designated as subparagraph (A). (b) A new subparagraph (B) is added to read as follows: “(B) Costs associated with the application or implementation of projects pursuant to the Affordable Housing Loan Fund Authorization Congressional Review Emergency Amendment Act of 2020, passed on emergency basis on October 6, 2020 (Enrolled version of Bill 23-934), shall not be considered administration of the Fund for purposes of this paragraph.”. SUBTITLE S. RENT STABILIZATION EXTENSION Sec. 2181. Short Title. This subtitle may be cited as the “Rent Stabilization Extension Congressional Review Emergency Amendment Act of 2020”. Sec. 2182. Section 907 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3509.07), is amended by striking the phrase “shall ENROLLED ORIGINAL 56 terminate on December 31, 2020” and inserting the phrase “shall terminate on December 31, 2030” in its place. SUBTITLE T. EXPENDITURES FROM THE PUBLIC HOUSING AND STRUCTURAL TRANSFORMATION CAPITAL ACCOUNT Sec. 2191. Short title. This subtitle may be cited as the “Expenditures from the Public Housing and Structural Transformation Capital Account Congressional Review Emergency Act of 2020”. Sec. 2192. Expenditures from the Public Housing and Structural Transformation capital account. (a)(1) Capital project DHA21C (“DHA21C”) shall be administered by the Office of the Chief Financial Officer (“OCFO”), with available project allotments advanced to the District of Columbia Housing Authority (“Authority”) on a quarterly basis for the encumbrances and expenditures planned for that quarter; provided, that the requirements of subsection (b) of this section are met. (2) DHA21C funds shall be used by the Authority to fund capital-eligible construction, renovation, or rehabilitation subprojects that: (A) Increase the longevity of public housing units; (B) Prevent existing tenants from being displaced; or (C) Increase the availability of public housing units for existing District of Columbia residents listed on the Authority's waitlist. (3) DHA21C funds shall not be used to fund the Authority’s operating costs, renovation, or rehabilitation of any unit set to be demolished, sold, or otherwise removed from the Authority inventory, or any administrative or overhead costs not specifically attributable to a subproject. (b)(1) Each fiscal year that DHA21C funds are available, the Authority shall submit to the Mayor, the Council, and the OCFO a proposed spending plan, which shall include: (A) Documentation that planned encumbrances and expenditures are capital eligible; and (B) Information on each subproject for which the Authority proposes to use DHA21C funds, including, at a minimum: (i) The proposed location of the subproject; (ii) A detailed proposed scope of the subproject; (iii) A detailed proposed line-item budget for the subproject; (iv) A detailed proposed timeline for the subproject; and (v) A statement of whether the implementation of the proposed subproject will require the relocation of tenants and, if relocation is required, a detailed proposed relocation plan. ENROLLED ORIGINAL 57 (2) In the event of significant delays or changes in planned encumbrances and expenditures for any subproject during the fiscal year, the Authority shall update its spending plan and provide additional documentation as needed to minimize unencumbered and unexpended transfers, avoid causing the District to incur unnecessary debt service costs, and ensure that all subproject encumbrances and expenditures are capital eligible. (c)(1) For each solicitation of a contract valued at $100,000 or more that is funded with money from capital project DHA21C, the Authority shall: (A) Award preferences to certified business enterprises as provided in section 2343 of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.43); and (B) Exercise its contracting and procurement authority for contracts funded by capital project DHA21C so as to meet, on an annual basis, the goals of procuring and contracting at least 50% of the dollar volume of such contracts (“CBE dollar volume”) with certified business enterprises and at least 50% of the CBE dollar volume with small business enterprises. (2) For the purposes of this subsection, the term: (A) “Certified business enterprise” shall have the meaning set forth in section 2302(1D) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(1D)). (B) “Small business enterprise” shall have the meaning set forth in section 2302(16) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(16)). (d) The Inspector General of the District of Columbia shall audit the Authority’s capital project DHA21C financial statements for the previous fiscal year not later than February 1, 2021, and not later than each February 1 thereafter for as long as DHA21C funds remain unspent by the Authority. The Inspector General shall submit to the Mayor, the Chief Financial Officer, and the Council a report on the results of each audit. SUBTITLE U. DC CENTRAL KITCHEN FACILITY GRANT Sec. 2201. Short title. This subtitle may be cited as the “DC Central Kitchen Facility Grant Congressional Review Emergency Act of 2020”. Sec. 2202. Notwithstanding section 4(c) of the Workforce Investment Implementation Act of 2000, effective July 18, 2000 (D.C. Law 13-150; D.C. Official Code § 32-1603(c)), and the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), in Fiscal Year 2021, the Workforce Investment Council shall award DC Central Kitchen a grant in the amount of $1,000,000 to build a new training facility that will provide culinary training services and community nutrition programming and to aid in the relocation of its headquarters. ENROLLED ORIGINAL 58 SUBTITLE V. C&O CANAL GRANT Sec. 2211. Short title. This subtitle may be cited as the “C&O Canal Grant Congressional Review Emergency Act of 2020”. Sec. 2212. (a) In Fiscal Year 2021, the Office of Planning shall award a grant of not less than $500,000 to an organization partnering with the National Park Service to complete concept design plans for the Chesapeake and Ohio Canal in Georgetown. (b) A grant awarded pursuant to this section shall be in addition to any other grant awarded by the Office of Planning for design work for the Chesapeake and Ohio Canal. TITLE III. PUBLIC SAFETY AND JUSTICE SUBTITLE A. CRIMINAL CODE REFORM COMMISSION Sec. 3001. Short title. This subtitle may be cited as the “Criminal Code Reform Commission Congressional Review Emergency Amendment Act of 2020”. Sec. 3002. The Criminal Code Reform Commission Establishment Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 3-151 et seq.), is amended as follows: (a) Section 3122(c)(1) (D.C. Official Code § 3-151(c)(1)) is amended by striking the phrase “, or until the Commission is dissolved pursuant to section 3127, and” and inserting the phrase “, and” in its place. (b) Section 3123 (D.C. Official Code § 3-152) is amended as follows: (1) The section heading is amended to read as follows: “Sec. 3123. Duties of the Criminal Code Reform Commission.”. (2) The lead-in language of subsection (a) is amended by striking the phrase “By September 30, 2020” and inserting the phrase “By March 31, 2021” in its place. (3) Subsection (d) is amended by striking the phrase “provide, upon request by the Council, a legal analysis of proposed legislation concerning criminal offenses, including” and inserting the phrase “provide, upon request by the Council or on its own initiative, a legal or policy analysis of proposed legislation or best practices concerning criminal offenses, procedures, or reforms, including” in its place. (4) Subsection (e) is amended by striking the phrase “regarding criminal code reform to advance” and inserting the phrase “to advance” in its place. (c) The lead-in language of section 3124(a) (D.C. Official Code § 3-153(a)) is amended by striking the phrase “section 3123” and inserting the phrase “section 3123(a)” in its place. (d) Section 3125 (D.C. Official Code § 3-154) is amended as follows: (1) Subsection (a) is amended by striking the phrase “The Commission” and inserting the phrase “Until March 31, 2021, the Commission” in its place. ENROLLED ORIGINAL 59 (2) Subsection (b) is amended by striking the phrase “The Commission shall file an annual report with the Council before March 31 of each year” and inserting the phrase “Before March 31, 2021, the Commission shall file a report with the Council” in its place. (3) A new subsection (c) is added to read as follows: “(c) Before March 31, 2022, and annually thereafter, the Commission shall file an annual report with the Council of its activities during the previous calendar year.”. (e) Section 3127 (D.C. Official Code § 3-156) is repealed. SUBTITLE B. RESTORATIVE JUSTICE COLLABORATIVE Sec. 3011. Short title. This subtitle may be cited as the “Restorative Justice Collaborative Congressional Review Emergency Amendment Act of 2020”. Sec. 3012. The Neighborhood Engagement Achieves Results Amendment Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2411 et seq.), is amended as follows: (a) Section 101 (D.C. Official Code § 7-2411) is amended as follows: (1) Subsection (a) is amended as follows: (A) Paragraph (2) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Paragraph (3) is amended by striking the period and inserting the phrase “; and” in its place. (C) A new paragraph (4) is added to read as follows: “(4) The Restorative Justice Collaborative, which shall serve as a centralized hub to coordinate and foster restorative justice programming and practices within the District government and by and in partnership with District community-based organizations.”. (2) Subsection (b) is amended as follows: (A) Paragraph (5) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Paragraph (6) is amended by striking the period and inserting the phrase “; and” in its place. (C) A new paragraph (7) is added to read as follows: “(7) Coordinating and fostering restorative justice programming and practices within the District government and by and in partnership with District community-based organizations, with a focus on the 18-to-35-year old population.”. (b) Section 102(a)(3) (D.C. Official Code § 7-2412(a)(3)) is amended by striking the phrase “programming; and” and inserting the phrase “and restorative justice programming; and” in its place. ENROLLED ORIGINAL 60 SUBTITLE C. EMERGENCY MEDICAL SERVICES TRANSPORT CONTRACT Sec. 3021. Short title. This subtitle may be cited as the “Emergency Medical Services Transport Contract Authority Congressional Review Emergency Amendment Act of 2020”. Sec. 3022. Section 3073 of the Emergency Medical Services Transport Contract Authority Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-160; 63 DCR 10775), is amended by striking the date “September 30, 2021” and inserting the date “September 30, 2023” in its place. SUBTITLE D. SENIOR POLICE OFFICERS PROGRAM Sec. 3031. Short title. This subtitle may be cited as the “Senior Police Officers Retention Congressional Review Emergency Amendment Act of 2020”. Sec. 3032. Section 2(h)(1) of the Retired Police Officer Redeployment Amendment Act of 1992, effective September 29, 1992 (D.C. Law 9-163; D.C. Official Code § 5-761(h)(1)), is amended by striking the date “October 1, 2020” and inserting the date “October 1, 2023” in its place. SUBTITLE E. OFFICE ON RETURNING CITIZEN AFFAIRS Sec. 3041. Short title. This subtitle may be cited as the “Moving the Office on Returning Citizen Affairs Congressional Review Emergency Amendment Act of 2020”. Sec. 3042. Section 3022 of the Office of the Deputy Mayor for Public Safety and Justice Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 1-301.191), is amended as follows: (a) Subsection (c) is amended as follows: (1) Paragraph (1) is amended to read as follows: “(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 section 3 of the Office on Ex- Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302);”. (2) Paragraph (2) is amended to read as follows: “(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;”. ENROLLED ORIGINAL 61 (3) Paragraph (3) is amended by striking the phrase “public-safety and justice services” and inserting the phrase “public safety, justice, and returning citizen services” in its place. (4) Paragraph (4) is amended by striking the phrase “criminal justice or public- safety issues, in the coordination, planning, and implementation of public-safety and justice matters” and inserting the phrase “public safety, justice, or returning citizen issues, in the coordination, planning, and implementation of public safety, justice, and returning citizen matters” in its place. (5) Paragraph (5) is repealed. (b) A new subsection (e) is added to read as follows: “(e) For the purposes of this section, the term “returning citizens” shall have the same meaning as provided in section 2(5) of the Office on Ex-Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1301(5)).”. Sec. 3043. Section 3(a) of the Office on Ex-Offender Affairs and Commission on Re- Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302(a)), is amended by striking the phrase “established the Office on Returning Citizen Affairs” and inserting the phrase “established, as a subordinate Executive agency within the Public Safety and Justice cluster, the Office on Returning Citizen Affairs” in its place. SUBTITLE F. CONCEALED PISTOL LICENSING REVIEW BOARD Sec. 3051. Short title. This subtitle may be cited as the “Concealed Pistol Licensing Review Board Membership Congressional Review Emergency Amendment Act of 2020”. Sec. 3052. Section 908 of the Firearms Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279; D.C. Official Code § 7-2509.08), is amended as follows: (a) Subsection (b)(1) is amended as follows: (1) The lead-in language is amended by striking the phrase “7 members” and inserting the phrase “11 members” in its place. (2) Subparagraph (D) is amended by striking the semicolon and inserting the phrase “; and” in its place. (3) Subparagraph (E) is amended as follows: (A) The lead-in language is amended by striking the phrase “Three public” and inserting the phrase “Seven public” in its place. (B) Sub-subparagraph (i) is amended by striking the phrase “; and” and inserting a semicolon in its place. ENROLLED ORIGINAL 62 (C) Sub-subparagraph (ii) is amended by striking the period and inserting a semicolon in its place. (D) New sub-subparagraphs (iii), (iv), and (v) are added to read as follows: “(iii) Two District residents with professional experience in the field of gun violence prevention; “(iv) One District resident with professional experience in the field of victim services or advocacy; and “(v) One District resident attorney in good standing with the District of Columbia Bar with professional experience in criminal law.”. (b) Subsection (c) is amended by striking the phrase “section. Each hearing panel shall contain at least one member designated by subsection (b)(1)(A), (B), or (D) of this section.” and inserting the phrase “section.” in its place. SUBTITLE G. LITIGATION SUPPORT FUND AND GRANT-MAKING AUTHORITY Sec. 3061. Short title. This subtitle may be cited as the “Litigation Support Fund and Grant-Making Authority Congressional Review Emergency Amendment Act of 2020”. Sec. 3062. The Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective May 27, 2010 (D.C. Law 18-160; D.C. Official Code § 1-301.81 et seq.), is amended as follows: (a) Section 106b (D.C. Official Code § 1-301.86b) is amended as follows: (1) Subsection (c) is amended as follows: (A) Paragraph (1)(B) is amended by striking the phrase “Funding staff positions, up to a maximum amount of $4 million” and inserting the phrase “Funding staff positions, personnel costs, and employee retirement and separation incentives, up to a maximum amount of $6 million” in its place. (B) Paragraph (2) is amended to read as follows: “(2) Beginning in Fiscal Year 2020, up to $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.”. (C) A new paragraph (3) is added to read as follows: “(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.”. (2) Subsection (d)(3) is amended as follows: (A) Subparagraph (A) is amended by striking the phrase “$10 million” both times it appears and inserting the phrase “$17 million” in its place. ENROLLED ORIGINAL 63 (B) Subparagraph (B) is amended by striking the phrase “$11.6 million in the Fund until September 30, 2020” and inserting the phrase “$19.1 million in the Fund until September 30, 2021” in its place. (3) A new subsection (f) is added to read as follows: “(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.”. (b) Section 108c (D.C. Official Code § 1-301.88f) is amended as follows: (1) The section heading is amended by striking the phrase “reduction and violence interruption” and inserting the phrase “reduction, violence interruption, and assistance to victims of crime and other vulnerable residents” in its place. (2) Subsection (a) is amended by striking the phrase “reduction and violence interruption” and inserting the phrase “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 the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2- 1401.01 et seq.), and individuals previously involved in the criminal justice system” in its place. SUBTITLE H. CHIEF OF POLICE TERM OF OFFICE Sec. 3071. Short title. This subtitle may be cited as the “Chief of Police Term of Office Congressional Review Emergency Amendment Act of 2020”. Sec. 3072. Section l of An Act Relating to the Metropolitan police of the District of Columbia, approved February 28, 1901 (31 Stat. 819; D.C. Official Code § 5-105.01), is amended by adding a new subsection (e) to read as follows: “(e)(1) Effective May 2, 2017, the term of office for Chief of Police shall be 4 years; except, that the Mayor may earlier terminate a Chief of Police with or without cause during that Chief of Police’s term of office. “(2) In the event a Chief of Police leaves office prior to the expiration of a 4-year term, the successor Chief nominated by the Mayor and confirmed by the Council shall serve a new 4-year term of office, subject to removal during that term by the Mayor in accordance with paragraph (1) of this subsection.”. ENROLLED ORIGINAL 64 SUBTITLE I. MONSANTO SETTLEMENT ALLOCATION Sec. 3081. Short title. This subtitle may be cited as the “Monsanto Settlement Allocation Congressional Review Emergency Act of 2020”. Sec. 3082. Notwithstanding any other provision of law, the $52 million 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 recognized as revenue and allocated as follows: (1) $7,339,659.91 shall be deposited in the Litigation Support Fund, established pursuant to section 106b of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 1-301.86b) (“Litigation Support Fund”), to pay attorney’s fees and costs to May Firm/EKM Association on PCBs for legal services received pursuant to Contract No. DCCB-2019-C-0008; (2) $4,700,000 shall be deposited into the Litigation Support Fund and used for the authorized purposes of that fund; (3) $30,000,000 shall be deposited into the Clean Land Fund, established pursuant to section 308 of the Brownfield Revitalization Amendment Act of 2000, effective June 13, 2001 (D.C. Law 13-312; D.C. Official Code § 8-633.08), to be used for the authorized purposes of that fund; and (4) $9,960,340.09 shall be deposited as local funds into the General Fund and shall be made available as set forth in the approved Fiscal Year 2021 Budget and Financial Plan. SUBTITLE J. ETHICS ENFORCEMENT Sec. 3091. Short title. This subtitle may be cited as the “Ethics Enforcement Congressional Review Emergency Amendment Act of 2020”. Sec. 3092. The Government Ethics Act of 2011, effective April 27, 2012 (D.C. Law 19- 124; D.C. Official Code § 1-1162.01 et seq.), is amended as follows: (a) Section 215 (D.C. Official Code § 1-1162.15) is amended as follows: (1) Subsection (a) is amended as follows: (A) Paragraph (2) is amended by striking the phrase “the United States Attorney for the District of Columbia for enforcement or prosecution;” and inserting the phrase “the prosecutorial authority with jurisdiction for enforcement or prosecution; or” in its place. (B) Paragraph (3) is repealed. (2) Subsection (b) is amended to read as follows: ENROLLED ORIGINAL 65 “(b) The Board may refer information concerning an alleged violation of the Code of Conduct or of this title to the prosecutorial authority with jurisdiction for enforcement or prosecution after the presentation of evidence by the Director of Government Ethics to the Board as provided in section 212(b), 213(e), or 214(a).”. (b) Section 221 (D.C. Official Code § 1-1162.21) is amended as follows: (1) Subsection (b) is amended as follows: (A) Paragraph (1) is amended by striking the phrase “not more than $25,000” and inserting the phrase “not more than $5,000” in its place. (B) A new paragraph (1A) is added to read as follows: “(1A) The fine set forth in paragraph (1) of this subsection shall not be limited by section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01).”. (C) Paragraph (2) is amended to read as follows: “(2) Prosecutions of violations of this subsection shall be brought by the Attorney General for the District of Columbia.”. (D) A new paragraph (3) is added to read as follows: “(3) For the purposes of this subsection and section 222(a), violations of the following provisions of the Code of Conduct substantially threaten the public trust: “(A) Section 223; and “(B) Section 416 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.16).”. (2) Subsection (d) is amended by striking the phrase “the Board, the Attorney General of the District of Columbia, or of the United States Attorney for the District of Columbia” and inserting the phrase “the Board or the Attorney General of the District of Columbia” in its place. TITLE IV. PUBLIC EDUCATION SYSTEMS SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA INCREASE Sec. 4001. Short title. This subtitle may be cited as the “Funding for Public Schools and Public Charter Schools Increase Congressional Review Emergency Amendment Act of 2020”. Sec. 4002. The Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901 et seq.), is amended as follows: (a) Section 104(a) (D.C. Official Code § 38-2903(a)) is amended by striking the phrase “$10,980 per student for Fiscal Year 2020” and inserting the phrase “$11,310 per student for Fiscal Year 2021” in its place. (b) Section 105 (D.C. Official Code § 38-2904) is amended by striking the tabular array and inserting the following tabular array in its place: ENROLLED ORIGINAL 66 “Grade Level Weighting Per Pupil Allocation in FY 2021 “Pre-Kindergarten 3 1.34 $15,155 “Pre-Kindergarten 4 1.30 $14,703 “Kindergarten 1.30 $14,703 “Grades 1-5 1.00 $11,310 “Grades 6-8 1.08 $12,215 “Grades 9-12 1.22 $13,798 “Alternative program 1.445 $16,343 “Special education school 1.17 $13,233 “Adult 0.89 $10,066 (c) Section 106(c) (D.C. Official Code § 38-2905(c)) is amended to read as follows: “(c) The supplemental allocations shall be calculated by applying weightings to the foundation level as follows: “Special Education Add-ons: “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Level 1: Special Education Eight hours or less per school week of specialized services 0.97 $10,971 “Level 2: Special Education More than 8 hours and less than or equal to 16 hours per school week of specialized services 1.20 $13,572 “Level 3: Special Education More than 16 hours and less than or equal to 24 hours per school week of specialized services 1.97 $22,281 ENROLLED ORIGINAL 67 “Level 4: Special Education More than 24 hours per school week of specialized services, which may include instruction in a self-contained (dedicated) special education school other than residential placement 3.49 $39,472 “Special Education Compliance Funding Weighting provided in addition to special education level add-on weightings on a per-student basis for special education compliance. 0.099 $1,120 “Attorney’s Fees Supplement Weighting provided in addition to special education level add-on weightings on a per-student basis for attorney’s fees. 0.089 $1,007 “Residential D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program 1.67 $18,888 “General Education Add-ons: “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “ELL Additional funding for English Language Learners 0.49 $5,542 “At-risk Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level 0.2256 $2,552 “Residential Add-ons: “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 ENROLLED ORIGINAL 68 “Level 1: Special Education - Residential Additional funding to support the after- hours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.37 $4,185 “Level 2: Special Education - Residential Additional funding to support the after- hours level 2 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 1.34 $15,155 “Level 3: Special Education - Residential Additional funding to support the after- hours level 3 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 2.89 $32,686 “Level 4: Special Education - Residential Additional funding to support the after- hours level 4 special education needs of limited- and non-English-proficient students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 2.89 $32,686 “LEP/NEP - Residential Additional funding to support the after- hours limited- and non-English- proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.668 $7,555 “Special Education Add-ons for Students with Extended School Year (“ESY”) Indicated in Their Individualized Education Programs (“IEPs”): ENROLLED ORIGINAL 69 “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Special Education Level 1 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs. 0.063 $713 “Special Education Level 2 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.227 $2,567 “Special Education Level 3 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,553 “Special Education Level 4 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,553 .” . (d) Section 115 (D.C. Official Code § 38-2913) is amended by striking the phrase “Fiscal Year 2022” and inserting the phrase “Fiscal Year 2024” in its place. SUBTITLE B. EDUCATION FACILITY COLOCATION Sec. 4011. Short title. This subtitle may be cited as the “Education Facility Colocation Congressional Review Emergency Amendment Act of 2020”. Sec. 4012. Section 3422 of the Public School and Public Charter School Facilities Sharing Act of 2002, effective October 1, 2002 (D.C. Law 14-190; D.C. Official Code § 38- 1831.01), is amended as follows: (a) Subsection (a) is amended to read as follows: “(a) The District of Columbia Public Schools system may allow existing public charter schools that are chartered pursuant to the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C. Official Code 38-1800.01 et seq.), to utilize ENROLLED ORIGINAL 70 space in DCPS facilities, for a period not greater than 15 years, where such facilities are currently or are projected to be underutilized.”. (b) Subsection (b) is amended as follows: (1) Paragraphs (1) and (2) are amended to read as follows: “(1) As payment for the space allocation, the public charter school shall pay to DCPS an amount agreeable to the charter school and DCPS. “(2) The amount of payment shall be agreed upon before relocation of any public charter school into a DCPS facility.”. (2) Paragraph (3) is repealed. (c) Subsection (c) is amended by striking the phrase “Board of Education shall” and inserting the phrase “Mayor may” in its place. (d) A new subsection (d) is added to read as follows: “(d)(1) There is established as a special fund the DCPS School Facility Colocation Fund (“Fund”), which shall be administered by DCPS in accordance with paragraph (3) of this subsection. “(2) All payments received from public charter schools under this section shall be deposited in the Fund. “(3) Money in the Fund shall be used for the following purposes: “(A) To fund additional school programming, supplemental staff, special initiatives, and other activities and programs at DCPS schools in which charter schools are colocated; and “(B) For maintenance of, or improvements to, DCPS schools in which charter schools are colocated. “(4)(A) 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. “(B) 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) A new subsection (e) is added to read as follows: “(e) Any funds received by a DCPS school pursuant to this section shall be supplemental to any funds budgeted for the school from the Uniform Per Student Funding Formula or other fund source. A school’s school-based budget shall not be reduced based on funds received pursuant to this section.”. SUBTITLE C. CHILD CARE GRANTS Sec. 4021. Short title. This subtitle may be cited as the “Grantmaking Authority to Expand Access to Quality Child Care Congressional Review Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 71 Sec. 4022. Child care grantmaking authority. Section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)), is amended as follows: (a) Paragraph (30) is amended by striking the phrase “; and” and inserting a semicolon in its place. (b) Paragraph (31)(C) is amended by striking the period and inserting the phrase “; and” in its place. (c) A new paragraph (32) is added to read as follows: “(32) Have the authority to issue grants, from funds under its administration, to non-profit and community-based organizations to increase access to, the affordability of, and the quality of child care in the District.”. SUBTITLE D. UNIVERSITY OF THE DISTRICT OF COLUMBIA FUNDRAISING MATCH Sec. 4031. Short title. This subtitle may be cited as the “University of the District of Columbia Fundraising Match Congressional Review Emergency Act of 2020”. Sec. 4032. (a) In Fiscal Year 2021, of the funds allocated to the Non-Departmental agency, $1, up to a maximum of $1.5 million, shall be transferred to the University of the District of Columbia (“UDC”) to match dollar-for-dollar the amount UDC raises from private donations by April 1, 2021. (b) Of the amount transferred to UDC pursuant to subsection (a) of this section, no less than one-third of the funds shall be deposited into UDC’s endowment fund. SUBTITLE E. ADULT AND RESIDENTIAL PUBLIC CHARTER SCHOOL STABLIZATION Sec. 4041. Short title. This subtitle may be cited as the “Adult and Residential Public Charter School Funding Stabilization Congressional Review Emergency Amendment Act of 2020”. Sec. 4042. Section 107b of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective April 13, 2005 (D.C. Law 15-348; D.C. Official Code § 38-2906.02), is amended by adding a new subsection (c-1) to read as follows: “(c-1)(1) Notwithstanding subsections (b), (c), (d), and (g) of this section, for School Year 2020-2021, the annual payment pursuant to the Funding Formula for each adult education program and each residential public charter school shall equal the total estimated costs for the number of District resident students projected to be enrolled in the adult education program or the residential public charter school, during School Year 2020-2021, including the costs of all add-on components provided in sections 106 and 106a, based on the program or school’s ENROLLED ORIGINAL 72 enrollment projections contained in the Mayor’s Fiscal Year 2021 proposed budget, as modified pursuant to section 107(e). “(2)(A) The first quarterly payment shall be 35% of a school’s annual payment. “(B) A school’s October 25, January 15, and April 15 payments shall each equal 1/3 of the school’s total remaining annual payment after the first quarterly payment is made. “(3) For the purposes of this subsection, the term: “(A) “Adult education program” means a public charter school or a program in a public charter school that, during School Year 2019-2020, was identified as an adult education performance management framework school by the District of Columbia Public Charter School Board. “(B) “Residential public charter school” means a public charter school that, during School Year 2019-2020, provided a majority of its students with room and board in a residential setting, in addition to their instructional program.”. SUBTITLE F. SCHOOL FINANCIAL TRANSPARENCY Sec. 4051. Short title. This subtitle may be cited as the “School Financial Transparency Congressional Review Emergency Amendment Act of 2020”. Sec. 4052. Section 202 of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191), is amended as follows: (a) Subsection (b) is amended as follows: (1) Paragraph (8) is amended by striking the phrase “; and” and inserting a semicolon in its place. (2) Paragraph (9) is amended by striking the period and inserting the phrase “; and” in its place. (3) A new paragraph (10) is added to read as follows: “(10)(A) By May 31, 2021, establish common financial reporting standards for the non-capital budgets and expenditures of District of Columbia Public Schools and public charter schools. The common financial reporting standards shall: “(i) Include categories for reporting budgets and expenditures for instructional staff, school administrators, instructional supports, educational materials, and non- educational administrative costs; “(ii) Permit meaningful and accurate budget and expenditure comparisons, including comparisons of budgets and expenditures for at-risk students, as defined in section 102(2A) of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901(2A)), between all public schools and between all local education agencies; ENROLLED ORIGINAL 73 “(iii) Ensure full and accurate disclosure of administrative costs for each local education agency; and “(iv) Make it possible to collect comparable data by school campus. “(B) For the purposes of this paragraph, the term: “(i) “Local education agency” means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter. “(ii) “Public schools” includes public charter schools.”. (b) A new subsection (f) is added to read as follows: “(f)(1) To support the establishment of common financial reporting standards required pursuant to subsection (b)(10) of this section, the Deputy Mayor for Education may issue grants not to exceed $200,000, in Fiscal Year 2021. “(2) Grants issued pursuant to this subsection shall be administered pursuant to the requirements set forth in the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.).”. Sec. 4053. Section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)), is amended by adding a new paragraph (3A) to read as follows: “(3A) Beginning in May 2024, and annually thereafter, electronically publish for each public school and public charter school the previous school year’s expenditures, based on the common financial reporting standards established by the Department of Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)), in a manner that permits the public to easily compare expenditures between individual schools and between local education agencies.”. Sec. 4054. The Board of Education Continuity and Transition Amendment Act of 2004, effective December 7, 2004 (D.C. Law 15-211; D.C. Official Code §§ 38-2831 and 38-2951 et seq.), is amended as follows: (a) Section 6 (D.C. Official Code § 38-2831) is amended as follows: (1) Subsection (b) is amended as follows: (A) Paragraph (1) is amended to read as follows: “(1) All funds budgeted for each school, including a summary statement or table of the local-funds budget for each school, by revenue source for activities and service levels, and by revenue source for comptroller source group by activities and service levels;” (B) Paragraph (2) is amended by striking the phrase “; and” and inserting a semicolon in its place. ENROLLED ORIGINAL 74 (C) Paragraph (3)(B) is amended by striking the period and inserting a semicolon in its place. (D) New paragraphs (4) and (5) are added to read as follows: “(4) The methodology used to determine each school’s local funding; and “(5) For each school’s individual budget, a separate budget line item for funding allocated to at-risk students, as defined in section 102(2A) of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901(2A)), as coded in the District’s current official financial system of record.”. (2) A new subsection (g) is added to read as follows: “(g) By December 1, 2023, and annually thereafter, the Mayor shall transmit a report of the previous school year’s actual expenditures, for each school, to the Office of the State Superintendent of Education. The report shall conform to the common financial reporting standards established by the Department of Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)).”. (b) A new section 6a is added to read as follows: “Sec. 6a. District of Columbia Public Schools school-level budget model. “As part of the District of Columbia Public Schools’ (“DCPS”) regular multi-year strategic planning and goal setting, DCPS shall include, and make publicly available, an analysis of the model used to determine school-level budgets for DCPS schools. The analysis shall include the following: “(1) A summary of DCPS costs, including personnel costs; “(2) Research in education and education finance; “(3) A discussion of budget alignment with DCPS priorities; and “(4) Recommendations for changes, if applicable.”. Sec. 4055. Section 106a of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 1998, effective February 22, 2014 (D.C. Law 20- 87; D.C. Official Code § 38-2905.01), is amended by adding a new subsection (d) to read as follows: “(d) Beginning December 31, 2023, and annually thereafter, every local education agency that is allocated funds pursuant to this section shall provide the Office of the State Superintendent of Education with data related to expenditures of such funds consistent with reporting standards established by the Department of Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17- 9; D.C. Official Code § 38-191(b)(10)).”. Sec. 4056. The District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C. Official Code § 38-1802.01 et seq.), is amended as follows: ENROLLED ORIGINAL 75 (a) Section 2204(c) (D.C. Official Code § 38-1802.04(c)), is amended by adding a new paragraph (23) to read as follows: “(23) School expenditures and budgets. — “(A) Beginning July 29, 2022, and annually thereafter, the Board of Trustees of each public charter school shall prepare and submit to the Public Charter School Board and OSSE, for each campus under its control, the following data: “(i) Actual expenditures for the prior school year; “(ii) The current school year’s budget; and “(iii) A draft budget for the following school year. “(B) The data submitted pursuant to subparagraph (A) of this paragraph shall conform to the common financial reporting standards established by the Department of Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)). “(C) The Public Charter School Board shall electronically publish the data it receives pursuant to subparagraph (A) of this paragraph in a uniform manner for each school by November 1 each year.”. (b) Section 2205 (D.C. Official Code § 38-1802.05) is amended by adding a new subsection (e) to read as follows: “(e) Open meetings. — All meetings of a Board of Trustees shall be subject to the requirements of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.).”. Sec. 4057. The Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.), is amended as follows: (a) Section 404(3) (D.C. Official Code § 2-574(3)) is amended as follows: (1) The lead-in language is amended by striking the phrase “agency, or” and inserting the phrase “agency, the board of trustees of a public charter school, or” in its place. (2) Subparagraph (C) is repealed. (b) Section 405(b) (D.C. Official Code § 2-575(b)) is amended as follows: (1) Paragraph (10) is amended by striking the semicolon and inserting the phrase “, or of public charter school personnel, where the public body is the board of trustees of a public charter school;” in its place. (2) Paragraph (11) is amended by striking the phrase “obtained from outside the government” and inserting the phrase “obtained from outside the government or public body” in its place. (3) Paragraph (13) is amended by striking the phrase “; and” and inserting a semicolon in its place. (4) Paragraph (14) is amended by striking the period and inserting a semicolon in its place. (5) New paragraphs (15) and (16) are added to read as follows: ENROLLED ORIGINAL 76 “(15) To discuss matters involving personally identifiable information of students; and “(16)(A) When the public body is the board of trustees for a public charter school, to meet with the staff of an eligible chartering authority, for the purpose of being evaluated by the eligible chartering authority. “(B) Subparagraph (A) of this paragraph shall not be construed to permit the board of trustees for a public charter school to close a meeting that would otherwise be open merely because the staff of an eligible charting authority is participating.”. (c) Section 406(3) (D.C. Official Code § 2-576(3)) is amended by striking the phrase “subsection, notice” and inserting the phrase “subsection, except for meetings of boards of trustees for public charter schools, notice” in its place. (d) Section 408(b)(1) (D.C. Official Code § 2-578(b)(1)) is amended by striking the period and inserting the phrase “, or in the case of a board of trustees for a public charter school, no later than 30 business days after the meeting.”. SUBTITLE G. HEALTHY SCHOOLS FUND RESTORATION Sec. 4061. Short title. This subtitle may be cited as the “Healthy Schools Fund Restoration Congressional Review Emergency Amendment Act of 2020”. Sec. 4062. Section 102(f) of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code § 38-821.02(f)), is amended by striking the phrase “Beginning on October 1, 2019, an amount of $5,110,000” and inserting the phrase “Beginning on October 1, 2020, an amount of $5,590,000” in its place. SUBTITLE H. WILKINSON SCHOOL DISPOSITION PROCESS Sec. 4071. Short title. This subtitle may be cited as the “Wilkinson School Disposition Process Congressional Review Emergency Amendment Act of 2020”. Sec. 4072. Section 2209(b)(1) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-125; D.C. Official Code § 38-1802.09(b)(1)), is amended by adding a new subparagraph (B-ii) to read as follows: “(B-ii) Notwithstanding subparagraph (A) of this paragraph, the Mayor may give the right of first offer to purchase, lease, or otherwise use the former Wilkinson Elementary School building to: “(I) A charter school facility incubator that leased the former Birney Elementary School Building as of October 1, 2020; or “(II) A public charter school that occupied all, or a portion of, the former Birney Elementary School building as of October 1, 2020.”. ENROLLED ORIGINAL 77 Sec. 4073. Section 1 of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10-801), is amended as follows: (a) Subsection (a)(1) is amended by striking the number “20” and inserting the number “15” in its place. (b) A new subsection (b-6) is added to read as follows: “(b-6)(1) Notwithstanding subsections (a-1)(4) and (b-2) of this section, for the disposition of the former Wilkinson Elementary School in Ward 8 (“Wilkinson real property”), the Mayor shall hold at least one public hearing on the finding that the Wilkinson real property is no longer required for public purposes and to obtain community input on the proposed disposition of the Wilkinson real property before submitting the proposed surplus resolution and proposed disposition resolution to the Council pursuant to this section. “(2) The hearing required by paragraph (1) of this subsection shall be held at an accessible evening or weekend time and in an accessible location in the vicinity of the Wilkinson real property. The Mayor shall provide at least 30 days written notice of the hearing to the affected Advisory Neighborhood Commission and publish notice of the hearing in the District of Columbia Register at least 15 days before the hearing.”. SUBTITLE I. ACADEMIC MIDDLE MENTORING INITIATIVE Sec. 4081. Short title. This subtitle may be cited as the “Academic Middle Mentoring Initiative Congressional Review Emergency Act of 2020”. Sec. 4082. In Fiscal Year 2021, the Office of the State Superintendent of Education shall award, on a competitive basis, a grant of $200,000 to support a mentoring program that mentors low-income high school students and low-income, first generation college students in the academic middle, who are enrolled in or who graduated from a District public or public charter school, to provide the students with the skills and experiences needed to successfully complete college and excel in the workforce. SUBTITLE J. TRUANCY PREVENTION AND LITERACY PILOT FUNDING EXTENSION Sec. 4091. Short title. This subtitle may be cited as the “Truancy Prevention and Literacy Pilot Funding Extension Congressional Review Emergency Amendment Act of 2020”. Sec. 4092. Section 403(g) of the Community Schools Incentive Act of 2012, effective June 19, 2012 (D.C. Law 19-142; D.C. Official Code § 38-754.03(g)), is amended by adding a new paragraph (4) to read as follows: ENROLLED ORIGINAL 78 “(4) Any funds awarded pursuant to paragraph (1) of this subsection but not expended in Fiscal Year 2020 shall be available to the grant recipients until September 30, 2021.”. SUBTITLE K. DCPS AUTHORITY FOR SCHOOL SECURITY Sec. 4101. This subtitle may be cited as the “DCPS Authority for School Security Congressional Review Emergency Amendment Act of 2020”. Sec. 4102. The School Safety and Security Contracting Procedures Act of 2004, effective April 13, 2005 (D.C. Law 15-350; D.C. Official Code § 5-132.01 et seq.), is amended as follows: (a) Section 101 (D.C. Official Code § 5-132.01) is amended as follows: (1) A new paragraph (1B) is added to read as follows: “(1B) “MOA” means the Memorandum of Agreement into which DCPS and MPD enter pursuant to section 104.”. (2) Paragraph (4) is repealed. (3) Paragraph (5) is amended to read as follows: “(5) “School security personnel” means individuals, including unarmed security guards, that DCPS hires or contracts to support safety in DCPS schools.”. (4) A new paragraph (5A) is added to read as follows: “(5A) “Security-related contract” means any contract to provide physical or personal security services, including school security personnel, at DCPS schools.”. (5) Paragraph (6) is repealed. (b) Section 102 (D.C. Official Code § 5-132.02) is amended as follows: (1) Subsection (a) is amended by striking the phrase “security for the District of Columbia Public Schools” and inserting the phrase “school resource officers to the DCPS schools and public charter schools” in its place. (2) Subsection (c) is amended to read as follows: “(c) The School Safety Division shall: “(1) Hire and train school resource officers; “(2) Deploy school resource officers to: “(A) DCPS schools, consistent with the terms of the MOA; and “(B) Public charter schools; “(3) Coordinate with DCPS and public charter schools regarding the use and sharing of resources and communications between MPD and school-specific safety teams; and “(4) Provide recommendations to the Mayor, Council, and the DCPS Chancellor regarding the impact of school closings, consolidations, grade reconfigurations, use of swing space during school reconstruction, and gang and crew violence on the safety and well-being of children.”. (c) Section 103 (D.C. Official Code § 5-132.03) is amended as follows: ENROLLED ORIGINAL 79 (1) The section heading is amended by striking the phrase “security personnel” and inserting the phrase “resource officers” in its place. (2) The lead-in language is amended by striking the phrase “security personnel providing security for DCPS” and inserting the phrase “resource officers” in its place. (3) Paragraph (7) is amended by striking the phrase “laws and regulations, including Board of Education regulations” and inserting the phrase “laws and regulations” in its place. (4) Paragraph (8) is amended by striking the phrase “security personnel” and inserting the phrase “resource officers” in its place. (d) New sections 103a and 103b are added to read as follows: “Sec. 103a. DCPS responsibilities for school security. “(a) By October 1, 2020, DCPS shall be responsible for school security personnel within DCPS schools, and shall: “(1) Oversee the hiring or contracting of school security personnel for DCPS; “(2) Deploy school security personnel to DCPS schools; “(3) Provide oversight over school security personnel and be responsible for administering all disciplinary actions related to school security personnel, including termination; “(4) Execute, approve, administer, monitor, and provide oversight over any security-related contract for school security personnel; and “(5) Create and implement school building security and emergency operations plans, in consultation with MPD and the Homeland Security and Emergency Management Agency. “Sec. 103b. Training for school security personnel. “(a) For the school year beginning in 2020, DCPS may use the training curriculum adopted by MPD pursuant to section 103 to train its school security personnel. “(b) By the start of the school year beginning in 2021, DCPS shall adopt a school security personnel training curriculum based on the positive youth development philosophy. The curriculum shall focus on training supervisory and on-site personnel to provide security services responsive and appropriate to the student, staff, and family populations at each school building. At a minimum, the curriculum shall include training in the following areas, developed with advice from appropriate other District agencies: “(1) Child and adolescent development; “(2) Effective communication skills; “(3) Behavior management; “(4) Conflict resolution, including restorative justice practices; “(5) De-escalation techniques; “(6) Behavioral health issues for youth and families; “(7) Child sexual abuse and gender-based violence prevention, identification, and response; “(8) Availability of social services for youth; ENROLLED ORIGINAL 80 “(9) District of Columbia laws and regulations; “(10) Constitutional standards for searches and seizures conducted by school security personnel on school grounds; and “(11) Violence prevention, including gang and crew dynamics.”. (e) Section 104 (D.C. Official Code § 5-132.04) is amended to read as follows: “Sec. 104. Coordination of school security efforts between DCPS and MPD. “By October 1, 2020, DCPS and MPD shall enter into a MOA for the purpose of coordinating the agencies’ respective security obligations at DCPS schools. The MOA shall: “(1) Reflect DCPS’s role as the administrator of any security-related contract; “(2) Include provisions for effectuating the transfer of any personnel, property, funds, or records necessary to transfer responsibility for any existing security-related contract from MPD to DCPS; “(3) Delineate lines of authority, supervision, and communication between MPD and DCPS, including how school resource officers deployed at each school will provide security in coordination with the school’s principal and school security personnel; provided, that during emergencies, incident command shall be consistent with the District of Columbia response plan, as defined by section 2(1A) of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2301(1A)); “(4) Include a process for resolving disagreements between DCPS and MPD at all levels; and “(5) Provide for MPD advice and consultation on DCPS school building security and emergency operations plans.”. (f) Section 105 (D.C. Official Code § 5-132.05) is amended to read as follows: “Sec. 105. Authority to issue RFPs for school security-related contracts. “(a)(1) By October 1, 2020, DCPS shall be responsible for administering and funding any security-related contract effective during the 2020-2021 school year. “(2) MPD shall transfer to DCPS all personnel, property, funds, or records necessary for DCPS to administer and fund any security-related contract effective during the 2020-2021 school year. “(b) Responsibility for the issuance of a Request for Proposals (“RFP”) for any security- related contract for DCPS for a contract term to begin June 30, 2021, or later shall transfer from the MPD to DCPS as of August 5, 2020. DCPS shall be responsible for awarding, executing, administering, and funding a contract resulting from an RFP issued under this subsection.”. TITLE V. HUMAN SUPPORT SERVICES SUBTITLE A. MEDICAID HOSPITAL SUPPLEMENTAL AND DIRECTED PAYMENTS Sec. 5001. Short title. This subtitle may be cited as the “Medicaid Hospital Supplemental and Directed Payments Congressional Review Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 81 Sec. 5002. The Medicaid Hospital Outpatient Supplemental Payment Act of 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.01 et seq.), is amended as follows: (a) Section 5062(5) (D.C. Official Code § 44-664.01(5)) is amended by striking the phrase “September 30 of the period 3 fiscal years prior to the fiscal year the fee is assessed” and inserting the phrase “September 30, 2018” in its place. (b) Section 5063(c)(1) (D.C. Official Code § 44-664.02(c)(1)) is amended by striking the semicolon and inserting the phrase “, either directly or through payments to managed care organizations;” in its place. (c) Section 5064(a)(1) and (2) (D.C. Official Code § 44-664.03(a)(1) and (2)) is amended to read as follows: “(1) An amount equal to the non-federal share of the total available spending room under the outpatient Medicaid upper payment limit for private hospitals applicable to District Fiscal Year 2020, consistent with requirements and approvals from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services; plus “(2) An amount equal to the non-federal share of the total available spending room under the outpatient Medicaid upper payment limit for District operated hospitals applicable to District Fiscal Year 2020, consistent with the federal approval of the authorizing Medicaid State Plan amendment or associated templates and other authorities; plus”. (d) Section 5065(a) (D.C. Official Code § 44-664.04(a)) is amended by striking the phrase “the Centers for Medicare and Medicaid Services approves the Medicaid State Plan amendment” and inserting the phrase “the District obtains approvals required by the Centers for Medicare and Medicaid Services for” in its place. (e) Section 5066 (D.C. Official Code § 44-664.05) is amended to read as follows: “Sec. 5066. Medicaid outpatient hospital access payments; payments to MCOs. “(a) For visits and services beginning October 1, 2020, the District shall pay managed care organizations (“MCOs”) at a rate sufficient to support payments to hospitals located in the District for outpatient services at a rate that is not less than 130% of the District Fiscal Year 2020 fee-for-service base rate and shall direct MCOs to pay such rate to their participating hospitals located in the District for such services. “(b) No payment shall be made under this section until such time that the Centers for Medicare and Medicaid Services approves the Medicaid State Plan amendment, associated template, and other authorities authorizing the Medicaid payments described in this section. “(c) The Medicaid payment methodologies authorized under this section shall not be altered unless such alteration is necessary to gain approval from the Centers for Medicare and Medicaid Services.”. ENROLLED ORIGINAL 82 Sec. 5003. Section 5013(a) of the Medicaid Hospital Inpatient Rate Supplement Act of 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.13(a)), is amended to read as follows: “(a)(1) Beginning October 1, 2020, and except as provided in subsection (b) of this section and section 5087, the District, through the Office of Tax and Revenue, may charge each hospital a fee based on its inpatient net patient revenue. “(2) The fee shall be charged at a uniform rate necessary to generate no more than $8,454,038 to support inpatient Medicaid Fee-for-Service and managed care rates at the District Fiscal Year 2015 level of not less than 98% of cost to non-specialty hospitals. “(3) The fee collected pursuant to this section shall be deposited in the Hospital Fund, established by section 5083.”. SUBTITLE B. MEDICAL MARIJUANA PROGRAM ADMINISTRATION Sec. 5011. Short title. This subtitle may be cited as the “Medical Marijuana Program Administration Congressional Review Emergency Amendment Act of 2020”. Sec. 5012. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as follows: (a) Section 2 (D.C. Official Code § 7-1671.01), is amended as follows: (1) Paragraphs (1), (1A), (1B), and (1C) are redesignated as paragraphs (1B), (1C), (1D), and (1E), respectively. (2) New paragraphs (1) and (1A) are added to read as follows: “(1) “ABC Board” means the Alcoholic Beverage Control Board.”. “(1A) “ABRA” means the Alcoholic Beverage Regulation Administration. (3) Paragraph (3)(B) is amended by striking the phrase “with the Department” and inserting the phrase “with ABRA” in its place. (4) Paragraph (5) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. (5) Paragraph (6) is repealed. (6) Paragraph (7) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. (7) Paragraph (19) is amended by striking the phrase “if the Department” and inserting the phrase “if ABRA” in its place. (8) Paragraph (21) is amended by striking the phrase “by the Department” and inserting the phrase “by ABRA” in its place. (b) Section 3 (D.C. Official Code § 7-1671.02) is amended as follows: (1) Subsection (c)(1)(B) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. ENROLLED ORIGINAL 83 (2) Subsection (d) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. (c) Section 5(b)(2) (D.C. Official Code § 7-1671.04(b)(2)) is amended by striking the phrase “by the Mayor” and inserting the phrase “by ABRA” in its place. (d) Section 6 (D.C. Official Code § 7-1671.05) is amended as follows: (1) The lead-in language is amended by striking the phrase “The Program shall be administered by the Mayor and shall” and inserting the phrase “The Program shall” in its place. (2) Paragraph (1)(A) is amended by striking the phrase “with the Department” and inserting the phrase “with ABRA” in its place. (3) Paragraph (4)(A) is amended as follows: (A) Subparagraph (iv) is amended by striking the phrase “by the Department” and inserting the phrase “by the ABC Board” in its place. (B) Subparagraph (v) is amended by striking the phrase “by the Mayor” and inserting the phrase “by ABRA” in its place. (4) Paragraph (5A) is amended as follows: (A) The lead-in language is amended by striking the phrase “by the Department” and inserting the phrase “by the ABC Board” in its place. (B) Subparagraph (C) is amended by striking the phrase “by the Department” and inserting the phrase “by the ABC Board” in its place. (5) Paragraph (5B)(D) is amended by striking the phrase “that the Department” and inserting the phrase “that ABRA” in its place. (6) Paragraph (7) is amended by striking the phrase “if the Mayor determines” and inserting the phrase “if the ABC Board determines” in its place. (7) Paragraph (10)(A) is amended by striking the phrase “apply to the Mayor” and inserting the phrase “apply to the ABC Board” in its place. (8) Paragraph (14) is amended by striking the phrase “notify the Department” and inserting the phrase “notify ABRA” in its place. (e) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows: (1) Subsection (d) is amended as follows: (A) Paragraph (1) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. (B) Paragraph (3)(A) is amended by striking the phrase “determined by rulemaking” and inserting the phrase “determined by the Mayor by rules issued in accordance with section 14” in its place. (C) Paragraph (4) is amended by striking the phrase “The Mayor” and inserting the phrase “The ABC Board” in its place. (D) Paragraph (5) is amended to read as follows: “(5)(A) An application for registration of a dispensary, cultivation center, or testing laboratory submitted by a medical cannabis certified business enterprise, or applicant ENROLLED ORIGINAL 84 eligible to be a medical cannabis certified business enterprise, shall be awarded a preference point equal to 50 points or 20% of the available points, whichever is more. “(B) A medical cannabis certified business enterprise shall: “(i) Have one or more owners who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities and who are District residents and individually or collectively own at least 60% of the licensed business enterprise; “(ii) Have one or more owners whose income does not exceed $349,999, who are residents of the District, and whose net worth, excluding the value of their residence, does not exceed $1 million, and individually or collectively own at least 60% of the licensed business enterprise; “(iii) Have a chief executive officer and its highest-level managerial employees perform their managerial functions in a principal office located in the District; “(iv) Have at least 50% of its employees be residents of the District; “(v) Have at least 50% of its contractors be residents of the District; and “(vi) Have at least 80% of the assets of the certified business enterprise, including bank accounts, be in the District. “(C) An applicant seeking to qualify as a medical cannabis certified business enterprise shall submit with the application for registration of a dispensary, cultivation center, or testing laboratory, an affidavit attesting to: “(i) The number of owners of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; “(ii) The ownership interest of any owners of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; “(iii) The number of employees of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; and “(iv) The number of contractors of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. ENROLLED ORIGINAL 85 “(D) For the purpose of this paragraph, the term: “(i) “Economically disadvantaged individual” shall have the same meaning as set forth in section 2302(7) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(7)). “(ii) “Medical cannabis certified business enterprise” means a certified business enterprise, as that term is defined in section 2302(1D) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(1D)), that operates a medical cannabis business as a dispensary, cultivation center, or testing laboratory.”. (2) Subsection (e)(3) is amended by striking the phrase “that the Mayor may allow” and inserting the phrase “that the ABC Board may allow” in its place. (3) Subsection (g-2) is amended by striking the phrase “the Mayor” and inserting the phrase “the ABC Board” in its place. (4) Subsection (g-3) is amended by striking the phrase “the Mayor” and inserting the phrase “the ABC Board” in its place. (5) Subsection (j) is amended by striking the phrase “the Mayor” and inserting the phrase “the ABC Board” in its place. (f) Section 8(a) (D.C. Official Code § 7-1671.07) is amended by striking the phrase “to the Department” and inserting the phrase “to ABRA” in its place. (g) A new section 9a is added to read as follows: “Sec. 9a. Medical Cannabis Administration Fund. “(a) There is established as a special fund the Medical Cannabis Administration Fund (“Fund”), which shall be administered by ABRA in accordance with subsection (c) of this section. “(b) All funds received from medical cannabis licensing, permitting, and registration fees shall be deposited into the Fund. “(c) Money deposited in the Fund shall be used by ABRA for the purpose of administering the medical marijuana program. “(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) Funds received from penalties and fines imposed under section 9 shall be credited to the unassigned fund balance of the General Fund of the District of Columbia.”. (h) Section 14 (D.C. Official Code § 7-1671.13) is amended by adding a new subsection (a-1) to read as follows: “(a-1) Pursuant to the transfer of functions of the Department of Health to ABRA by D.C. Official Code § 25-204.02, the Mayor shall issue rules in accordance with subsection (b) of this ENROLLED ORIGINAL 86 section, which rules shall allow registered dispensaries to provide medical marijuana to qualifying patients through delivery, curbside pickup, and at-the-door options.”. Sec. 5013. Chapter 2 of Title 25 of the District of Columbia Official Code is amended as follows: (a) The table of contents is amended by adding a new section designation to read as follows: “25-204.02. Medical marijuana program; transfer of functions of the Department of Health.”. (b) A new section 25-204.02 is added to read as follows: “§ 25-204.02. Medical marijuana program; transfer of functions of the Department of Health. “(a) The Board and ABRA shall be responsible for carrying out the responsibilities assigned to them by the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.) (“Medical Marijuana Act”), and for any responsibilities of the Mayor under the Medical Marijuana Act that the Mayor delegates to the Board or ABRA. “(b)(1) Except as provided in paragraph (2) of this subsection, all personal property, assets, records, including both electronic and physical files, licensing agreements, and contracts, equipment, computer software, obligations, and unexpended balances of appropriations, allocations, assets, and liabilities, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration by the Department of Health of the medical marijuana program pursuant to the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7- 1671.01 et seq.), as of September 30, 2020, are transferred to ABRA. “(2) This subsection shall not apply to the personal property, assets, records, including both electronic and physical files, licensing agreements, and contracts, equipment, computer software, obligations, and unexpended balances of appropriations, allocations, assets, and liabilities, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration by the Department of Health of the medical marijuana program that are within the purview of the Board of Medicine, Board of Nursing, or Board of Dentistry. “(c) All rules, orders, obligations, determinations, contracts, agreements, and understandings of the Department of Health pertaining to the medical marijuana program shall remain in effect until such time as they may be lawfully amended, modified, or repealed. “(d) ABRA shall coordinate with the Department of Health regarding the transition of the administration of the medical marijuana program to ABRA. “(e)(1) The directors of ABRA and the Department of Health shall jointly determine which personnel, if any, of the Department of Health associated with the administration of the medical marijuana program shall be transferred from the Department of Health to ABRA. ENROLLED ORIGINAL 87 “(2) Personnel who are transferred to ABRA pursuant to this subsection shall be subject to the ABRA Director’s personnel authority, pursuant to section 406(b)(21) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.06(b)(21)), including as it relates to employment classifications and pay scales.”. SUBTITLE C. STEVIE SELLOWS DIRECT SUPPORT PROFESSIONALS QUALITY IMPROVEMENTS Sec. 5021. Short title. This subtitle may be cited as the “Stevie Sellows Direct Support Professionals Quality Improvements Congressional Review Emergency Amendment Act of 2020”. Sec. 5022. Section 47-1273(a) of the District of Columbia Official Code is amended by striking the figure “5.5%” and inserting the figure “6.0%” in its place. SUBTITLE D. MEDICAID RESERVE RE-ESTABLISHMENT Sec. 5031. Short title. This subtitle may be cited as the “Medicaid Reserve Re-Establishment Congressional Review Emergency Amendment Act of 2020”. Sec. 5032. The Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.01 et seq.), is amended as follows: (a) Section 8a (D.C. Official Code § 7-771.07a), is amended by adding a new subsection (a-3) to read as follows: “(a-3) For Fiscal Year 2021, the Director may issue grants pursuant to section 8b(b)(4)(B)(ii) and (iii).”. (b) A new section 8b is added to read as follows: “Sec. 8b. Medicaid reserve. “(a) Beginning October 1, 2020, a Medicaid reserve shall be re-established as paper agency of the Department. “(b) Notwithstanding D.C. Official Code §§ 47-361, 47-362, 47-363, and 47-365, funds may be transferred from the Medicaid reserve to the Department: “(1) To pay expenses associated with increased Medicaid enrollment or service utilization upon a determination by the Agency Fiscal Officer that available funds within the Department are projected to be exhausted; “(2) To pay expenses associated increased costs of Medicaid services upon a determination by the Agency Fiscal Officer that available funds within the Department are projected to be exhausted; ENROLLED ORIGINAL 88 “(3) To satisfy the District’s requirement that sufficient funds be available to support a Department contract or a grant; and “(4) Provided that sufficient funds are still available within the Medicaid reserve to ensure a deficiency will not occur at the Department, to support the following health innovations within the Department: “(A) To create a Medicaid Buy-In Program; “(B) To fund telehealth programs including: “(i) Maintaining audio-only telehealth programs after a public health emergency; “(ii) Funding the Postpartum Coverage Expansion Act of 2020, enacted on August 14, 2020 (D.C. Act 23-390; 67 DCR 9887); and “(iii) Issuing contracts or grants for the purposes of expanding District health care providers’ digital or telehealth capacity, including, for example, such innovations as the creation or expansion of patient care coordination platforms to enable nonprofit entities and practitioners to communicate with Medicaid beneficiaries’ clinical and recovery support care teams in real time to improve continuity of care and ensure proper follow- up, including the purchase of telecommunications services, information services, devices, software, remote patient monitoring tools, and digital health tools; “(C) To fund reforms to the DC Healthcare Alliance Program, including: “(i) Allowing eligible District residents to submit Alliance applications electronically, without a face-to-face interview with the Department of Human Services, during a public health emergency; “(ii) Allowing Alliance clients to submit recertification applications to health care providers approved by the Department, without a face-to-face interview with the Department of Human Services, after a public health emergency; “(iii) Extending the Alliance eligibility period from 6 months to one year; and “(D) To award a competitive grant in an amount not to exceed $150,000 to fund operating expenses associated with the provision of medical respite care services to individuals who are homeless. “(c) The Office of the Chief Financial Officer shall notify the Budget Director of the Council of the District of Columbia in writing within 3 business days whenever a transfer is made from the Medicaid reserve pursuant to this section. The notice shall set forth the amount and purpose of the transfer. “(d) Funds may be reprogrammed from the Medicaid reserve for purposes other than those detailed in subsection (b) of this section, subject to subchapter IV of Chapter 3 of Title 47 of the District of Columbia Official Code; provided, that the Office of the Chief Financial Officer determines that sufficient funds are still available within the Medicaid reserve to ensure a deficiency will not occur at the Department.”. ENROLLED ORIGINAL 89 SUBTITLE E. TELEHEALTH REIMBURSEMENT Sec. 5041. Short title. This subtitle may be cited as the “Telehealth Reimbursement Congressional Review Emergency Amendment Act of 2020”. Sec. 5042. Section 2(4) of the Telehealth Reimbursement Act of 2013, effective October 17, 2013 (D.C. Law 20-26; D.C. Official Code § 31-3861(4)), is amended by striking the phrase “through audio only telephones, electronic mail messages, or facsimile” and inserting the phrase “through email messages or facsimile” in its place. SUBTITLE F. HEALTH PROFESSIONAL RECRUITMENT AND RETENTION Sec. 5051. Short title. This subtitle may be cited as the “District of Columbia Health Professional Recruitment and Retention Congressional Review Emergency Amendment Act of 2020”. Sec. 5052. The District of Columbia Health Professional Recruitment Program Act of 2005, effective March 8, 2006 (D.C. Law 16-71; D.C. Official Code § 7-751.01 et seq.), is amended as follows: (a) Section 3 (D.C. Official Code § 7-751.02) is amended as follows: (1) Subsection (a) is amended by striking the phrase “recruitment tool” and inserting the phrase “recruitment and retention tool” in its place. (2) Subsection (b) is amended to read as follows: “(b) Based on the availability of funds, the Program will pay for, among other expenses, the cost of education necessary to obtain a health professional degree. The Program will pay toward the outstanding principal, interest, and related expense of federal, state, or local government loans and commercial loans obtained by the participant for: “(1) School tuition and required fees incurred by the participant; “(2) Reasonable educational expenses; and “(3) Incentive payments that lead to the retention of existing Program participants to practice in Ward 7 or 8; provided, that retention incentives shall be limited to $15,000 per participant per year.”. (b) Section 9 (D.C. Official Code § 7-751.08), is amended by adding a new subsection (a- 1) to read as follows: “(a-1) Physicians who specialize and practice in obstetrics and gynecology, psychiatry, or other medical specialties specifically identified by the Director shall be eligible to have 100% of their total debt, not to exceed $200,000, repaid by the Program over 4 years of service; provided, that the participants provide full-time service in Ward 7 or 8. For each year of participation, the Program will repay loan amounts according to the following schedule: “(1) For the first year of service, 18% of their total debt, not to exceed $36,000; ENROLLED ORIGINAL 90 “(2) For the second year of service, 26% of their total debt, not to exceed $52,000; “(3) For the third year of service, 28% of their total debt, not to exceed $56,000; and “(4) For the fourth year of service, 28% of their total debt, not to exceed $56,000.”. (c) Section 16a (D.C. Official Code § 7-751.15a) is amended as follows: (1) Subsection (a) is amended by striking the phrase “loan repayments” and inserting the phrase “loan repayments and retention incentives” in its place. (2) A new subsection (d) is added to read as follows: “(d) The Department of Health shall segregate the $1.5 million local funds enhancement provided in the Fiscal Year 2021 budget into a separate subaccount, which shall only be expended for: “(1) Section 3(b)(3); or “(2) Section 9(a-1).”. SUBTITLE G. HEALTH CARE GRANT-MAKING AUTHORITY Sec. 5061. Short title. This subtitle may be cited as the “Fiscal Year 2021 Health Care Grant-Making Authority Congressional Review Emergency Amendment Act of 2020”. Sec. 5062. Section 4907a of the Department of Health Functions Clarification Act of 2001, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code § 7-736.01), is amended by adding a new subsection (l) to read as follows: “(l)(1) For Fiscal Year 2021, the Director of the Department of Health shall have the authority to award one or more competitive grants in an amount not to exceed $250,000 to fund an initiative to connect prenatal care for residents in Wards 7 and 8 to labor and delivery options in other parts of the District. “(2) In establishing the criteria for the award of grants pursuant to paragraph (1) of this subsection, the Department shall prioritize community-based initiatives that: “(A) Offer peer support networks; “(B) Provide co-management of the patient’s treatment; “(C) Arrange for access to maternal and fetal medicine specialty services; “(D) Utilize a health information exchange; and “(E) Furnish financial assistance with transportation needs.”. Sec. 5063. Section 8a of the Department of Health Care Finance Establishment Act of 2007, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 7-771.07a), is amended by adding a new subsection (a-4) to read as follows: “(a-4) For Fiscal Year 2021, the Director may: ENROLLED ORIGINAL 91 “(1)(A) Award a competitive grant in an amount not to exceed $150,000 to fund operating expenses associated with the provision of medical respite care services to individuals who are homeless; provided, that if such a grant is awarded to a Federally Qualified Health Center (“FQHC”), the amount of the grant shall not be offset against the FQHC’s expenses for the purpose of determining its allowable cost in accordance with section 4511.2 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR § 4511.2). “(B) At a minimum, the selected entity shall possess: “(i) The staff capacity and expertise necessary to provide medical respite care, with a particular emphasis on care for women who are homeless; and “(ii) The ability to provide case management services, including assistance in accessing permanent housing services. “(2) If a grant is awarded, then by September 30, 2021, the Director shall submit a report to the Council that sets forth: “(A) Recommendations for the establishment of medical respite care services for homeless individuals, through either: “(i) An amendment to the District of Columbia Medicaid State Plan; or “(ii) A waiver pursuant to section 1115 of the Social Security Act, approved July 25, 1962 (76 Stat. 192; 42 U.S.C. § 1315), for home and community-based services; “(B) The types of services that may be offered to homeless individuals through a medical care respite program; and “(C) An identification of any potential restrictions on the provision of services identified pursuant to sub-subparagraph (ii) of this subparagraph, including the use of prior authorization.”. TITLE VI. OPERATIONS AND INFRASTRUCTURE SUBTITLE A. OPPORTUNITY ACCOUNTS Sec. 6001. Short title. This subtitle may be cited as the “Opportunity Accounts Expansion Congressional Review Emergency Amendment Act of 2020”. Sec. 6002. The Opportunity Accounts Act of 2000, effective April 3, 2001 (D.C. Law 13- 266; D.C. Official Code § 1-307.61 et seq.), is amended as follows: (a) Section 2 (D.C. Official Code § 1-307.61) is amended by adding a new paragraph (2A) to read as follows: “(2A) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.”. (b) Section 8(b) (D.C. Official Code § 1-307.67(b)) is amended as follows: ENROLLED ORIGINAL 92 (1) Paragraph (1) is amended by striking the phrase “; and” and inserting a semicolon in its place. (2) Paragraph (2) is amended by striking the phrase “per account.” and inserting the phrase “per account, except as provided in paragraph (3) of this subsection; and” in its place. (3) A new paragraph (3) is added to read as follows: “(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) Section 9(a) (D.C. Official Code § 1-307.68(a)) is amended as follows: (1) Paragraph (6) is repealed. (2) Paragraph (8) is amended by striking the period at the end and inserting the phrase “; and” in its place. (3) A new paragraph (9) is added to read as follows: “(9) To pay for any cost, expense, or item authorized by a rule issued pursuant to section 14.”. (d) Section 10 (D.C. Official Code § 1-307.69) is amended as follows: (1) Subsection (b) is amended as follows: (i) Paragraph (2) is amended by striking the phrase “; or” and inserting a semicolon in its place. (ii) Paragraph (3) is amended by striking the period and inserting the phrase “; and” in its place. (iii) A new paragraph (4) is added to read as follows: “(4) Making health insurance premium payments in the event of a sudden, unexpected loss of income.”. (2) Subsection (c) is repealed. (3) New subsections (c-1), (c-2), and (c-3) are added to read as follows: “(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.”. (4) The lead-in language of subsection (e) is amended to read as follows: ENROLLED ORIGINAL 93 “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:”. Sec. 6003. Repealer. Section 301 of the Coronavirus Support Temporary Amendment Act of 2020, enacted on July 7, 2020 (D.C. Act 23-334; 67 DCR 8622), is repealed. SUBTITLE B. GREEN BUILDING FUND USE EXPANSION Sec. 6011. Short title. This subtitle may be cited as the “Green Building Fund Use Expansion Congressional Review Emergency Amendment Act of 2020”. Sec. 6012. Section 8(c)(2) of the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.07(c)(2)), is amended as follows: (a) Subparagraph (D) is amended by striking the phrase “; and” and inserting a semicolon in its place. (b) Subparagraph (E) is amended by striking the period and inserting the phrase “; and” in its place. (c) A new subparagraph (F) is added to read as follows: “(F) Costs incurred to make green building materials accessible to low- income residents.”. SUBTITLE C. [RESERVED] SUBTITLE D. PAY-BY-PHONE TRANSACTION FEES FUND Sec. 6031. Short title. This subtitle may be cited as the “Pay-By-Phone Transaction Fee Fund Congressional Review Emergency Amendment Act of 2020”. Sec. 6032. Section 9f of the Department of Transportation Establishment Act of 2002, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14), is amended to read as follows: “Sec. 9f. Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund. “(a) There is established the Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund (“Fund”), which shall be administered by the director of the District Department of Transportation in accordance with subsection (c) of this section. “(b) The following revenue shall be deposited in the Fund: ENROLLED ORIGINAL 94 “(1) Notwithstanding section 3(h) of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved February 16, 1942 (56 Stat. 91; D.C. Official Code § 50– 2603(8)), all transaction fees imposed upon users who pay for parking, transit fares, Capital Bikeshare trips, and other forms of shared mobility and transportation services with the pay-by- phone system; and “(2) All money remaining in the District Department of Transportation Parking Meter Pay-by-Phone Transaction Fee Fund at the end of Fiscal Year 2020. “(c) Money in the Fund shall be used to pay vendors responsible for administering pay- by-phone payment systems for parking, transit fares, Capital Bikeshare trips, and other forms of shared mobility and transportation services. “(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.”. Sec. 6033. Section 3(h)(1) of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved February 16, 1942 (56 Stat. 91; D.C. Official Code § 50-2603(8)(A)), is amended by striking the phrase “to be transferred to the District Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund and the DC Circulator Fund, in accordance with section 9f of the Department of Transportation Establishment Act of 2002, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14)” and inserting the phrase “to be transferred to the Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund, in accordance with section 9f of the Department of Transportation Establishment Act of 2002, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14), and the DC Circulator Fund, in accordance with section 11c of the Department of Transportation Establishment Act of 2002, effective March 6, 2007 (D.C. Law 16-225; D.C. Official Code § 50- 921.33)” in its place. SUBTITLE E. ENVIRONMENTAL SPECIAL PURPOSE REVENUE ACCOUNTS Sec. 6041. Short title. This subtitle may be cited as the “Environmental Special Purpose Funds Reestablishment Congressional Review Emergency Amendment Act of 2020”. Sec. 6042. The Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01 et seq.), is amended by adding a new section 10a to read as follows: “Sec. 10a. Lead Poisoning Prevention Fund. ENROLLED ORIGINAL 95 “(a) There is established as a special fund the Lead Poisoning Prevention Fund (“Fund”), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section. “(b) All fees, fines, and penalties received from compliance with and enforcement of this act, and all interest earned on those monies, shall be deposited into the Fund. “(c) Money in the Fund shall be used to pay for the costs of implementing this act and may be used to provide low-income residents of the District with assistance to comply with the requirements of section 4, in accordance with rules issued by the Mayor. “(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.”. Sec. 6043. The District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code § 8-113.01 et seq.), is amended by adding a new section 6a to read as follows: “Sec. 6a. Underground Storage Tank Regulation Fund. “(a) There is established as a special fund the Underground Storage Tank Regulation Fund (“Fund”), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section. “(b) All fees, fines, and penalties received from compliance with and enforcement of this act, and contributions and monies received as reimbursement, and all interest earned on those monies, shall be deposited into the Fund. “(c) Money in the Fund shall be used to pay for the costs of implementing this act and may be used for assessment, clean up, and housing and relocation assistance. “(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.”. Sec. 6044. The District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1301 et seq.), is amended by adding a new section 21a to read as follows: “Sec. 21a. Hazardous Waste and Toxic Chemical Source Reduction Fund. “(a) There is established as a special fund the Hazardous Waste and Toxic Chemical Source Reduction Fund (“Fund”), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section. ENROLLED ORIGINAL 96 “(b) All fees, fines, and penalties received from compliance with and enforcement of this act, and all interest earned on those monies, shall be deposited into the Fund. “(c) Money in the Fund shall be used to pay for the costs of implementing this act. “(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.”. SUBTITLE F. ALCOHOLIC BEVERAGE SALES AND DELIVERY Sec. 6051. Short title. This subtitle may be cited as the “Alcoholic Beverage Sales and Delivery Congressional Review Emergency Amendment Act of 2020”. Sec. 6052. Title 25 of the District of Columbia Official Code is amended as follows: (a) Chapter 1 is amended as follows: (1) Section 25-112 is amended by adding a new subsection (h) to read as follows: “(h)(1) A retailer with commercial street frontage at the Walter E. Washington Convention Center that sells food and is approved by the Washington Convention and Sports Authority to sell alcoholic beverages for on-premises consumption (“Convention Center food and alcohol business”) that registers as a Convention Center food and alcohol business with the Board and receives written authorization from ABRA may sell beer, wine, or spirits in closed containers to individuals for carry out and may deliver beer, wine, or spirits in closed containers to consumers in the District, pursuant to §§ 25-113(a)(3)(C) and 25-113.01(g); provided, that such carry out and delivery orders are accompanied by one or more prepared food items. “(2) Board approval shall not be required for a registration under this subsection that occurs before April 1, 2021. “(3) After March 31, 2021, a Convention Center food and alcohol business that does not hold a valid registration under this subparagraph shall be required to obtain a carry out and delivery license as set forth in § 25-113.01(g) to sell beer, wine, or spirits in closed containers to customers to carry out and to sell and deliver to the homes of District residents beer, wine, or spirits in closed containers for delivery . “(4) A Convention Center food and alcohol business that has been authorized to offer alcoholic beverages for carry out and delivery in accordance with paragraph (1) of this subsection may only offer alcoholic beverages for carry out and delivery between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.”. (2) Section 25-113(a)(3)(C) is amended to read as follows: “(C)(i) An on-premises retailer licensee, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, that registers with the Board and receives written authorization from ABRA may sell beer, wine, or spirits in closed ENROLLED ORIGINAL 97 containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week; provided, that each such carry out or delivery order is accompanied by one or more prepared food items. “(ii) Board approval shall not be required for a registration under this subparagraph that occurs prior to April 1, 2021. After March 31, 2021, an on-premises retailer that does not hold a valid registration under this subparagraph shall be required to obtain a carry out and delivery endorsement as set forth in § 25-113.01(f) in order to sell for carry out and deliver alcoholic beverages.”. (3) Newly designated section 25-113.01 is amended by adding new subsections (f) and (g) to read as follows: “(f)(1) Effective April 1, 2021, a licensee under an on-premises retailer’s license, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, shall obtain a carry out and delivery endorsement from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District. “(2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. “(3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items. “(4) The annual fee for a carry out and delivery endorsement shall be established by the Board in an amount not less than $200. “(5) An on-premises retailer licensee that has registered with the Board under § 25-113(a)(3)(C) before April 1, 2021 (“registered licensee”), shall not be required to apply with the Board for an endorsement under this subsection, and the registered licensee shall be granted the carry out and delivery endorsement upon request to the Board, if the registered licensee makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021. “(g)(1) Effective April 1, 2021, a Convention Center food and alcohol business that has registered with the Board under § 25-112(h), shall obtain a carry out and delivery license from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District. “(2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. “(3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items. “(4) The annual fee for a carry out and delivery license shall be established by the Board in an amount not less than $200. “(5) A Convention Center food and alcohol business that has registered with the Board under § 25-112(h) before April 1, 2021 (“registered Convention Center food and alcohol business”), shall not be required to apply with the Board for a license under this subsection, and ENROLLED ORIGINAL 98 the registered Convention Center food and alcohol business shall be granted a carry out and delivery license upon request to the Board, if the registered Convention Center food and alcohol business makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021. “(6) Beginning June 30, 2022, and each year thereafter, ABRA shall submit an annual report to the Council on the outcomes of this section, including the number of on-premise licensees participating in the carry-out and delivery option, and the number of on- and off- premise retailer licensees that may have closed after the carry-out and delivery option was implemented”. (b) Chapter 7 is amended as follows: (1) Section 25-721 is amended as follows: (A) Subsection (a-1) is amended by striking the phrase “7:00 a.m. and 12:00 a.m.” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. (B) Subsection (c) is amended as follows: (i) Paragraph (1) is amended by striking the phrase “2:00 a.m. and 8:00 a.m.” and inserting the phrase “2:00 a.m. and 6:00 a.m.” in its place. (ii) Paragraph (2) is amended by striking the phrase “3:00 a.m. and 8:00 a.m.” and inserting the phrase “3:00 a.m. 6:00 a.m.” in its place. (C) Subsection (d) is amended by striking the phrase “7:00 a.m. and midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. (2) Section 25-722 is amended as follows: (A) Subsection (a) is amended by striking the phrase “7:00 a.m. and midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. (B) Subsection (b) is amended by striking the phrase “7:00 a.m. and midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. (3) Section 25-723 is amended as follows: (A) Subsection (b) is amended as follows: (i) Paragraph (1) is amended by striking the phrase “2:00 a.m. and 8:00 a.m.” and inserting the phrase “2:00 a.m. and 6:00 a.m.” in its place. (ii) Paragraph (2) is amended by striking the phrase “3:00 a.m. and 8:00 a.m.” and inserting the phrase “3:00 a.m. and 6:00 a.m.” in its place. (B) Subsection (c)(1) is amended as follows: (i) Subparagraph (C) is amended by striking the phrase “; and” and inserting a semicolon in its place. (ii) Subparagraph (D) is amended by striking the period and inserting the phrase “; and” in its place. (iii) A new subparagraph (E) is added to read as follows: “(E) The Saturday and Sunday adjacent to Veterans Day, Christmas Day, and District of Columbia Emancipation Day as set forth in § 1-612.02(a); except, that if the holiday under this subparagraph occurs on a Tuesday, the extended hours shall occur on the ENROLLED ORIGINAL 99 preceding Saturday and Sunday and if a holiday under this subparagraph occurs on a Wednesday or Thursday, the extended hours shall occur on the following Saturday and Sunday.”. (C) Subsection (e)(1) is amended by striking the phrase “2017, January 14 through January 22” and inserting the phrase “2021, January 9 through January 24” in its place. Sec. 6053. Repealer. (a) Section 204(a)(1) of the Coronavirus Support Temporary Amendment Act of 2020, enacted on July 7, 2020 (D.C. Act 23-334; 67 DCR 8622), is repealed. (b) Amendatory section 25-113(a)(3)(C) of the District of Columbia Official Code in section 204(a)(2)(A) of the Coronavirus Support Temporary Amendment Act of 2020, enacted on July 7, 2020 (D.C. Act 23-334; 67 DCR 8622), is repealed. SUBTITLE G. THIRD-PARTY INSPECTION PLATFORM Sec. 6061. Short title. This subtitle may be cited as the “Third-Party Inspection Platform Congressional Review Emergency Amendment Act of 2020”. Sec. 6062. Section 6d of the Construction Codes Approval and Amendments Act of 1986, effective June 25, 2002 (D.C. Law 14-162; D.C. Official Code § 6-1405.04), is amended by adding a new subsection (f) to read as follows: “(f) The Department may establish an online platform that may, at the Director’s discretion, serve as the exclusive mechanism by which an individual or entity may hire a third- party inspector to perform an inspection authorized by this section. The Department may charge a fee for the use of the online platform by an individual or entity and by the third-party inspectors.”. SUBTITLE H. PARKING RECIPROCITY FEE UPDATE AMENDMENT Sec. 6071. Short title. This subtitle may be cited as the “Reciprocity Parking Fee Update Congressional Review Emergency Amendment Act of 2020”. Sec. 6072. Section 8(d) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code § 50-1401.02(d)), is amended by striking the figure “$50” and inserting the figure “$100” in its place.  SUBTITLE I. TAG TRANSFER FEE UPDATE AMENDMENT Sec. 6081. Short title. This subtitle may be cited as the “Tag Transfer Fee Update Congressional Review Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 100 Sec. 6082. Section 2(e) of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02(e)), is amended as follows: (a) Paragraph (2) is amended by striking the figure “$7” and inserting the figure “$12” in its place. (b) Paragraph (5) is amended by striking the figure “$7” and inserting the figure “$12” in its place. SUBTITLE J. ATE PROGRAM REPORTING REQUIREMENT AMENDMENT Sec. 6091. Short title. This subtitle may be cited as the “ATE Reporting Requirement Congressional Review Emergency Amendment Act of 2020”. Sec. 6092. Title IX of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01 et seq.), is amended by adding a new section 905 to read as follows: “Sec. 905. ATE Reporting to Council. “Beginning January 1, 2021, the District Department of Transportation, in consultation with the Department of Motor Vehicles, shall report to the Council on a semi-annual basis the following information: “(1) The top 15 automated traffic enforcement (“ATE”) locations by value of citations generated in the District; “(2) The breakdown of the jurisdictions where those receiving ATE citations and with outstanding ATE citation debt have their vehicles registered; “(3) The locations where cameras have been added in the last 6 months and the reasons why those locations were chosen; and “(4) The amount of ATE citations issued in total and by location.”. SUBTITLE K. CAPACITY MARKET WITHDRAWAL FEASABILITY STUDY Sec. 6101. Short title. This subtitle may be cited as the “Capacity Market Withdrawal Feasibility Study Congressional Review Emergency Act of 2020”. Sec. 6102. Feasibility study. By July 1, 2021, the Department of Energy and Environment shall make publicly available a study that evaluates and makes recommendations regarding the District withdrawing from the PJM capacity market, including outlining the potential advantages and disadvantages of withdrawal, the anticipated effects of Calpine Corp. v. PJM Interconnection, L.L.C., 169 FERC ¶ 61,239 (2019) on the District, and the procedure for withdrawal from the PJM capacity market, including any necessary legislative changes. ENROLLED ORIGINAL 101 SUBTITLE L. COMPETITIVE GRANT Sec. 6111. Short title. This subtitle may be cited as the “Competitive Grant Congressional Review Emergency Act of 2020”. Sec. 6112. The Department of Energy and Environment shall award an annual grant on a competitive basis, in an amount not to exceed $200,000, to provide wildlife rehabilitation services. SUBTITLE M. URBAN AGRICULTURE FUNDING Sec. 6121. Short title. This subtitle may be cited as the “Urban Agriculture Funding Congressional Review Emergency Amendment Act of 2020”. Sec.  6122. The Food Production and Urban Gardens Program Act of 1986, effective February 28, 1987 (D.C. Law 6-210; D.C. Official Code § 48-401 et seq.), is amended as follows: (a) Section 3a(d)(1) (D.C. Official Code § 48-402.01(d)(1)) is amended by striking the phrase “base period of 5 years” and inserting the phrase “base period of at least 5 years” in its place. (b) Section 3b (D.C. Official Code § 48-402.02) is amended to read as follows: “Sec. 3b. Limitations on expenditures. “Total real property tax abatements provided for certain urban farms established pursuant to D.C. Official Code § 47-868 and the tax-exempt status conferred by D.C. Official Code § 47- 1005(c) shall not exceed $150,000 each year.”. Sec.  6123. Section 47-1005(c) of the District of Columbia Official Code is amended by striking the phrase “Department of General Services” and inserting the phrase “Department of Energy and Environment” in its place. SUBTITLE N. WASTE DISPOSAL FEES Sec. 6131. Short title. This subtitle may be cited as the “Waste Disposal Fees Regulation Congressional Review Emergency Amendment Act of 2020”. Sec. 6132. Section 720.8 of Title 21 of the District of Columbia Municipal Regulations (21 DCMR § 720.8) is amended to read as follows: “720.8 Beginning on October 1, 2020, the applicable fee for the disposal of each ton of solid waste at the waste-handling facilities, excluding those wastes specified in §§ 720.5, 720.6, and 720.7, shall be seventy dollars and sixty-two cents ($70.62) for each ton disposed; provided, ENROLLED ORIGINAL 102 that a minimum fee of thirty five dollars and thirty-one cents ($35.31) shall be imposed on each load weighing one thousand pounds (1,000 lb.) or less.”. SUBTITLE O. FAST FERRY GRANT Sec. 6141. Short title. This subtitle may be cited as the “Fast Ferry Grant Congressional Review Emergency Act of 2020”. Sec. 6142. (a) In Fiscal Year 2021, the District Department of Transportation (“DDOT”) shall award a grant of not less than $250,000 to a regional transportation system supporting efforts to establish M-495 Commuter Fast Ferry Service on the Occoquan, Potomac, and Anacostia River system. (b) A grant awarded pursuant to this section shall be in addition to any other grant awarded by DDOT for fast ferry service. TITLE VII. FINANCE AND REVENUE SUBTITLE A. PERSONAL PROPERTY TAX Sec. 7001. Short title. This subtitle may be cited as the “Personal Property Tax Congressional Review Emergency Amendment Act of 2020”. Sec. 7002. Title 47 of the District of Columbia Official Code is amended as follows: (a) Section 47-1508(a) is amended by adding a new paragraph (13) to read as follows: “(13)(A) Computer software, unless: “(i) The software is incorporated as a permanent component of a computer, machine, piece of equipment, or device, or of real property, and the software is not commonly available separately; or “(ii) The cost of the software is included as part of the cost of a computer, machine, piece of equipment, or device, or of the cost of real property on the books or records of the taxpayer. “(B) This paragraph shall not be construed to affect the value of a machine, device, piece of equipment, or computer, or the value of real property, or to affect the taxable status of any other property subject to tax under this title.”. (b) Section 47-1521 is amended as follows: (1) Paragraph (1) is redesignated as paragraph (1A). (2) A new paragraph (1) is added to read as follows: “(1) “Computer software” means a set of statements or instructions that when incorporated in a machine-usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result.”. ENROLLED ORIGINAL 103 (3) Paragraph (4) is amended by striking the phrase “goods and chattels” and inserting the phrase “goods and chattels, including computer software,” in its place. Sec. 7003. Applicability. This subtitle shall apply as of July 1, 2021. SUBTITLE B. UNINCORPORATED BUSINESS FRANCHISE TAX Sec. 7011. Short title. This subtitle may be cited as the “Unincorporated Business Franchise Tax Congressional Review Emergency Amendment Act of 2020”. Sec. 7012. Section 47-1808.02(1) of the District of Columbia Official Code is amended by striking the phrase “Internal Revenue Code of 1986.” and inserting the phrase “Internal Revenue Code of 1986. Taxable income shall include gain from the sale or other disposition of any assets, including tangible assets and intangible assets, including real property and interests in real property, in the District, even when such a sale or other disposition results in the termination of an unincorporated business.” in its place. Sec. 7013. Applicability. This subtitle shall apply as of January 1, 2021. SUBTITLE C. BALLPARK REVENUE FUND Sec. 7021. Short title. This subtitle may be cited as the “Ballpark Revenue Fund Excess Revenue Congressional Review Emergency Amendment Act of 2020”. Sec. 7022. Section 102(d) of the Ballpark Omnibus Financing and Revenue Act of 2004, effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1601.02(d)), is amended by striking the phrase “due on the bonds.” and inserting the phrase “due on the bonds; provided, that any excess that accrues during Fiscal Year 2020, Fiscal Year 2021, or Fiscal Year 2022 shall be deposited in the unrestricted fund balance of the General Fund during the fiscal year in which it accrues.” in its place. SUBTITLE D. EVENTS DC AUTHORITY Sec. 7031. Short title. This subtitle may be cited as the “Events DC Authority Congressional Review Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 104 Sec. 7032. Title II of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1202.01 et seq.), is amended as follows: (a) Section 203 (D.C. Official Code § 10-1202.03) is amended as follows: (1) Paragraph (10K) is amended by striking the period and inserting a semicolon in its place. (2) A new paragraph (10L) is added to read as follows: “(10L) To issue grants pursuant to section 208(h) to support go-go music in the District of Columbia.”. (b) Section 204(m) (D.C. Official Code § 10-1202.04(m)), is amended by striking the phrase “Fiscal Year 2019 or Fiscal Year 2020” and inserting the phrase “Fiscal Year 2020 or Fiscal Year 2021” in its place. (c) Section 208 (D.C. Official Code § 10-1202.08) is amended by adding a new subsection (h) to read as follows: “(h) For Fiscal Year 2021, the Authority shall issue not less than $1 million in grants from the Convention Center Fund to support go-go related programming, branding, tourism, and marketing; provided, that funds are available for such purpose and that the Authority first satisfy its current liabilities and legally required reserves, which shall not include the elective purchase or redemption of outstanding indebtedness, unless such purchase or redemption is for the purpose of securing a lower cost of borrowing and lower debt service payments.”. SUBTITLE E. PARKSIDE PARCEL E AND J MIXED-INCOME APARTMENTS TAX ABATEMENT Sec. 7041. Short title. This subtitle may be cited as the “Parkside Parcel E and J Mixed-Income Apartments Tax Abatement Congressional Review Emergency Amendment Act of 2020”. Sec. 7042. Section 47-4658 of the District of Columbia Official Code is amended as follows: (a) Subsection (b) is amended by striking the number “2020” and inserting the number “2022” in its place. (b) Subsection (c) is amended by striking the number “2020” and inserting the number “2022” in its place. SUBTITLE F. OFF-PREMISES ALCOHOL TAX RATE Sec. 7051. Short title. This subtitle may be cited as the “Off-Premises Alcohol Tax Rate Congressional Review Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 105 Sec. 7052. Section 47-2002(a) of the District of Columbia Official Code is amended as follows: (a) Paragraph (3)(A) is amended by striking the phrase “defined in § 47-2001(g-1)” and inserting the phrase “defined in § 47-2001(g-1) or spirituous or malt liquors, beer, and wine sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. (b) Paragraph (3A) is amended by striking the phrase “where sold” and inserting the phrase “where sold, unless sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. Sec. 7053. Section 47-2202(a) of the District of Columbia Official Code is amended as follows: (a) Paragraph (3)(A) is amended by striking the phrase “defined in § 47-2001(g-1)” and inserting the phrase “defined in § 47-2001(g-1) or spirituous or malt liquors, beer, and wine sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. (b) Paragraph (3A) is amended by striking the phrase “where sold” and inserting the phrase “where sold, unless sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. SUBTITLE G. SUBJECT-TO-APPROPRIATIONS REPEALS AND MODIFICATIONS Sec. 7061. Short title. This subtitle may be cited as the “Subject-to-Appropriations Repeals and Modifications Congressional Review Emergency Amendment Act of 2020”. Sec. 7062. Section 3 of the DC HealthCare Alliance Recertification Simplification Amendment Act of 2017, effective December 13, 2017 (D.C. Law 22-35; 64 DCR 10929), is repealed. Sec. 7063. Section 3 of the East End Certificate of Need Maximum Fee Establishment Amendment Act of 2018, effective October 30, 2018 (D.C. Law 22-176; 65 DCR 9552), is repealed. Sec. 7064. Section 301(a) of the Birth-to-Three for All DC Amendment Act of 2018, effective October 30, 2018 (D.C. Law 22-179; 65 DCR 9569), is amended by striking the phrase “107(b),” and inserting the phrase “107,” in its place. Sec. 7065. Section 8 of the Tipped Wage Workers Fairness Amendment Act of 2018, effective December 13, 2018 (D.C. Law 22-196; 65 DCR 12049), is repealed. ENROLLED ORIGINAL 106 Sec. 7066. The Ensuring Community Access to Recreational Spaces Act of 2018, effective February 22, 2019 (D.C. Law 22-210; D.C. Official Code § 38-431 et seq.), is amended as follows: (a) Section 4(b) (D.C. Official Code § 38-433(b)) is amended by striking the phrase “Within 180 days after February 22, 2019, the Mayor” and inserting the phrase “The Mayor” in its place. (b) A new section 7a is added to read as follows: “Sec. 7a. Applicability. “(a) Section 4 shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan. “(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification. “(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register. “(2) The date of publication of the notice of the certification shall not affect the applicability of section 4.”. Sec. 7067. Section 3 of the Boxing and Wrestling Commission Amendment Act of 2018, effective February 22, 2019 (D.C. Law 22-228; 66 DCR 200), is repealed. Sec. 7068. The Senior Strategic Plan Amendment Act of 2018, effective March 28, 2019 (D.C. Law 22-267; 66 DCR 1428), is amended by adding a new section 3a to read as follows: “Sec. 3a. Applicability. “(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan. “(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification. “(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register. “(2) The date of publication of the notice of the certification shall not affect the applicability of this act.”. Sec. 7069. Section 5 of the Public Restroom Facilities Installation and Promotion Act of 2018, effective April 11, 2019 (D.C. Law 22-280; 66 DCR 1595), is amended to read as follows: “Sec. 5. Applicability. “(a) Section 4 shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan. ENROLLED ORIGINAL 107 “(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification. “(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register. “(2) The date of publication of the notice of the certification shall not affect the applicability of section 4.”. Sec. 7070. Section 5 of the Sports Wagering Lottery Amendment Act of 2018, effective May 3, 2019 (D.C. Law 22-312; 66 DCR 1402), is repealed. Sec. 7071. Section 4 of the Mypheduh Films DBA Sankofa Video and Books Real Property Tax Exemption Act of 2019, effective September 11, 2019 (D.C. Law 23-24; 66 DCR 9759), is repealed. Sec. 7072. Section 3 of the Certificate of Need Fee Reduction Amendment Act of 2019, effective March 10, 2020 (D.C. Law 23-60; 67 DCR 568), is repealed. Sec. 7073. Section 3 of the Electronic Medical Order for Scope of Treatment Registry Amendment Act of 2019, effective March 10, 2020 (D.C. Law 23-62; 67 DCR 574), is repealed. Sec. 7074. Section 5 of the Housing Conversion and Eviction Clarification Amendment Act of 2020, effective April 16, 2020 (D.C. Law 23-72; 67 DCR 2476), is repealed. Sec. 7075. Section 5 of the Urban Farming Land Lease Amendment Act of 2020, effective April 16, 2020 (D.C. Law 23-80; 67 DCR 2494), is repealed. Sec. 7076. Section 4 of the Office on Caribbean Affairs Establishment Act of 2020, effective May 6, 2020 (D.C. Law 23-87; 67 DCR 3534), is repealed. Sec. 7077. Section 3 of the Strengthening Reproductive Health Protections Amendment Act of 2020, effective May 6, 2020 (D.C. Law 23-90; 67 DCR 3537), is repealed. Sec. 7078. Section 6 of the Certified Professional Midwife Amendment Act of 2020, effective June 17, 2020, (D.C. Law 23-97; 67 DCR 3912), is repealed. Sec. 7079. Section 3 of the Leave to Vote Amendment Act of 2020, effective June 24, 2020 (D.C. Law 23-110; 67 DCR 5057), is repealed. ENROLLED ORIGINAL 108 Sec. 7080. Section 3 of the Transportation Benefits Equity Amendment Act of 2020, effective June 24, 2020 (D.C. Law 23-113; 67 DCR 5069), is repealed. Sec. 7081. Section 3 of the Professional Art Therapist Licensure Amendment Act of 2020, effective June 24, 2020, (D.C. Law 23-115; 67 DCR 5077), is repealed. Sec. 7082. Section 6 of the Ivory and Horn Trafficking Prohibition Act of 2020, effective August 6, 2020 (D.C. Law 23-126; 67 DCR 5060), is repealed. SUBTITLE H. COUNCIL PERIOD 23 RULE 736 AND OTHER REPEALS Sec. 7091. Short title. This subtitle may be cited as the “Council Period 23 Rule 736 and Other Repeals Congressional Review Emergency Amendment Act of 2020”. Sec. 7092. Section 1013(g) of the Innovation Fund Establishment Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-325.222(g)), is repealed. Sec. 7093. The Health Care Provider Facility Expansion Program Establishment Act of 2018, effective May 5, 2018 (D.C. Law 22-97; D.C. Official Code § 7-1941.01 et seq.), is repealed. Sec. 7094. Section 202 of the Ballpark Omnibus Financing and Revenue Act of 2004, effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1602.02), is repealed. Sec. 7095. The School Health Innovations Grant Program Amendment Act of 2018, effective May 5, 2018 (D.C. Law 22-98; D.C. Official Code § 38-671.01 et seq.), is repealed. Sec. 7096. Section 3602(d) of the Restrictions on the Use of Official Vehicles Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 50-204(d)), is repealed. Sec. 7097. Sections 103 and 105(c) of the Employee Transportation Amendment Act of 2012, effective March 5, 2013 (D.C. Law 19-223; D.C. Official Code §§ 50-211.03 and 50- 211.05(c)), are repealed. Sec. 7099. The Exhaust Emissions Inspection Amendment Act of 2017, effective January 25, 2018 (D.C. Law 22-47; 64 DCR 12403) is repealed. Sec. 7100. The DC Healthcare Alliance Re-Enrollment Reform Amendment Act of 2017, effective February 17, 2018 (D.C. Law 22-62; 65 DCR 9), is repealed. ENROLLED ORIGINAL 109 Sec. 7101. The Ballpark Fee Forgiveness Act of 2017, effective February 28, 2018 (D.C. Law 22-64; 65 DCR 328), is repealed. Sec. 7102. Section 2(nn) and (oo) of the Homeless Services Reform Amendment Act of 2017, effective February 28, 2018 (D.C. Law 22-65; 65 DCR 331), is repealed. Sec. 7103. The East End Commercial Real Property Tax Rate Reduction Amendment Act of 2018, effective March 29, 2018 (D.C. Law 22-81; 65 DCR 1582), is repealed. Sec. 7104. The Relieve High Unemployment Tax Incentives Act of 2018, effective April 25, 2018 (D.C. Law 22-85; 65 DCR 1805), is repealed. Sec. 7105. The Telehealth Medicaid Expansion Amendment Act of 2018, effective July 3, 2018 (D.C. Law 22-126; 65 DCR 5110), is repealed. Sec. 7106. The Expenditure Commission Establishment Act of 2019, effective September 11, 2019 (D.C. Law 23-16; 66 DCR 8621), is repealed. SUBTITLE I. DISTRICT HISTORY GRANT Sec. 7111. Short title. This subtitle may be cited as the “District History Grant Congressional Review Emergency Act of 2020”. Sec. 7112. (a) The Washington Convention and Sports Authority (“Events DC”) shall award a grant to a nonprofit organization occupying space in the Carnegie Library building that is engaged in collecting, interpreting, and sharing the history of the District. (b) In Fiscal Year 2021, of the funds allocated to the Non-Departmental Account, $100,000 shall be transferred to Events DC to use for the grant authorized by subsection (a) of this section. (c) A grant awarded pursuant to this section shall be in addition to any other grant awarded by Events DC in support of historical education and research. SUBTITLE J. NATIONAL CHERRY BLOSSOM FESTIVAL FUNDRAISING MATCH Sec. 7121. Short title. This subtitle may be cited as the “National Cherry Blossom Festival Fundraising Match Congressional Review Emergency Act of 2020”. Sec. 7122. National Cherry Blossom Festival Fundraising. (a) There is established a matching grant program to support the 2021 National Cherry Blossom Festival (“Program”), which shall be administered by the Washington ENROLLED ORIGINAL 110 Convention and Sports Authority (“Events DC”). Under the Program, a matching grant shall be awarded to a nonprofit organization that organizes and produces an event or events as part of the official, month-long National Cherry Blossom Festival (“Festival”) of up to $1,000,000 at a rate of $2 for every dollar that the organization has raised in donations by April 30, 2021. (b) In Fiscal Year 2021, of the funds allocated to the Non-Departmental Account, $1,000,000 shall be transferred to Events DC to use for the grant authorized by subsection (a) of this section. (c) A grant awarded pursuant to this section shall be in addition to any other grant awarded by Events DC in support of the Festival. SUBTITLE K. MOTOR VEHICLE FUEL TAX Sec. 7131. Short Title. This subtitle may be cited as the “Motor Vehicle Fuel Tax Congressional Review Emergency Amendment Act of 2020”. Sec. 7132. Chapter 23 of Title 47 of the District of Columbia Official Code is amended as follows: (a) Section 47-2301 is amended as follows: (1) Subsection (a) is amended by adding a new paragraph (4) to read as follows: “(4) This subsection shall not apply after September 30, 2020.”. (2) A new subsection (a-1) is added to read as follows: “(a-1)(1) The District shall levy and collect a tax and a local transportation surcharge (“surcharge”) on motor vehicle fuels sold or otherwise disposed of by an importer or by a user, or used for commercial purposes. “(2) As of October 1, 2020: “(A) The rate of tax shall be $.235 per gallon; and “(B) The surcharge shall be $.053 per gallon; “(3) As of October 1, 2021, the surcharge shall be $.103 per gallon, increased annually, beginning with the fiscal year commencing on October 1, 2022, by the cost-of-living adjustment.”. (3) Subsection (c) is amended to read as follows: “(c) The Chief Financial Officer of the District of Columbia shall: “(1) Transfer annually to the District of Columbia Highway Trust Fund the proceeds of the taxes imposed under subsection (a) and (a-1) of this section; and “(2) Transfer to the Capital Improvements Program the revenue derived from the surcharge under subsection (a-1) to fund the renovation, repair, and maintenance of local transportation infrastructure.”. (b) Section 47-2302 is amended by adding a new paragraph (24) to read as follows: ENROLLED ORIGINAL 111 “(24)(A) “Cost-of-living adjustment” means the ratio of CPI for the preceding calendar year and the CPI for the base year. “(B) For the purposes of this paragraph, the term: “(i) "Base year" means the calendar year ending December 31, 2020. “(ii) "CPI" means the average of 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) for the preceding calendar year.”. Sec. 7133. Section 102a of the Highway Trust Fund Establishment Act of 1996, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 9-111.01a), is amended by adding a new subsection (c) to read as follows: “(c) Revenue derived from the local transportation surcharge on motor vehicle fuels sold or otherwise disposed of by an importer or by a user, or used for commercial purposes, pursuant to D.C. Official Code § 47-2301(a-1), shall be transferred to the Capital Improvements Program to fund the renovation, repair, and maintenance of local transportation infrastructure.”. SUBTITLE L. NEW COMMUNITIES CLARIFICATION Sec. 7141. Short title. This subtitle may be cited as the “New Communities Bond Clarification Congressional Review Emergency Amendment Act of 2020”. Sec. 7142. Section 203(b) of the Housing Production Trust Fund Act of 1988, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 42-2812.03(b)), is amended to read as follows: “(b)(1) The bonds, which may be issued from time to time, in one or more series, shall be tax-exempt or taxable as the Mayor shall determine. “(2) The total amount of funds allocated annually from the Housing Production Trust Fund to pay debt service on the bonds shall not exceed $16 million.”. SUBTITLE M. QHTC TAX INCENTIVES MODIFICATION Sec. 7151. Short Title. This subtitle may be cited as the “QHTC Tax Incentives Modification Congressional Review Emergency Amendment Act of 2020”. Sec. 7152. Title 47 of the District of Columbia Official Code is amended as follows: (a) Section 47-1508(a)(10) is repealed. (b) Chapter 18 is amended as follows: (1) Section 47-1803.03(a)(18) is amended as follows: ENROLLED ORIGINAL 112 (A) Subparagraph (A) is amended by striking the phrase “the lesser of $25,000 (or $40,000 in the case of a Qualified High Technology Company (“QHTC”))” and inserting the phrase “the lesser of $25,000” in its place. (B) Subparagraph (B) is repealed. (2) Section 47-1817.01(5)(A)(ii) is amended by striking the number “2” and inserting the number “10” in its place. (3) Section 47-1817.02 is repealed. (4) Section 47-1817.03 is amended as follows: (A) Subsection (a) is amended by striking the phrase “imposed by § 47- 1817.06” and inserting the phrase “imposed by § 47-1807.02” in its place. (B) Subsection (a-1) is amended by striking the phrase “imposed by § 47- 1817.06” and inserting the phrase “imposed by § 47-1807.02” in its place. (5) Section 47-1817.04 is amended as follows: (A) Subsection (d) is amended by striking the figure “$20,000” and inserting the figure “$10,000” in its place. (B) Subsection (e) is repealed. (6) Section 47-1817.05(c) is repealed. (7) Section 47-1817.06 is repealed. (8) Section 47-1817.07 is repealed. (9) Section 47-1817.07a is amended by striking the phrase “For tax years beginning after December 31, 2018, notwithstanding” and inserting the phrase “For the tax year beginning after December 31, 2018 and ending before January 1, 2020, and for tax years beginning after December 31, 2024, notwithstanding” in its place. (10) Section 47-1818.06(3) is repealed. Sec. 7153. Applicability. This subtitle shall apply as of the effective date of this act, except that section 7152(a) shall apply as of July 1, 2021. SUBTITLE N. ADAMS MORGAN BID Sec. 7161. Short title. This subtitle may be cited as the “Adams Morgan Business Improvement District Congressional Review Emergency Amendment Act of 2020”. Sec. 7162. Section 206(c) of the Business Improvement District Act of 1996, effective March 8, 2006 (D.C. Law 16-56; D.C. Official Code § 2-1215.56(c)), is amended to read as follows: “(c) The BID taxes for the taxable properties in the Adams Morgan BID shall not exceed $.21 for each $100 in assessed value for all taxable properties and all commercial portions of ENROLLED ORIGINAL 113 mixed use properties; provided, that any change in the BID taxes from the current tax year rates shall be made subject to the requirements of section 9.”. SUBTITLE O. SKYLAND TAX EXEMPTION Sec. 7171. This subtitle may be cited as the “Skyland Tax Exemption Congressional Review Emergency Amendment Act of 2020”. Sec. 7172. Section 302 of the District of Columbia Deed Recordation Tax Act, approved March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1102), is amended as follows: (a) Paragraph (34) is amended by striking the phrase “; and” and inserting a semicolon in its place. (b) Paragraph (35) is amended by striking the period at the end and inserting the phrase “; and” in its place. (c) A new paragraph (36) is added to read as follows: “(36)(A) Deeds conveying, vesting, granting, or assigning title to, an interest in, a security interest in, or an economic interest in the real property (and any improvements thereon) described as Square 5633, Lots 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 7000, 7009, and 7010 that are recorded between October 1, 2020, and December 31, 2020. “(B) The amount of all taxes, fees, and deposits exempted under this paragraph and D.C. Official Code § 47-902(28), shall not exceed, in the aggregate, $420,840.”. Sec. 7173. Section 47-902 of the District of Columbia Official Code is amended by adding a new paragraph (28) to read as follows: “(28)(A) Transfers with respect to the real property (and any improvements thereon) described as Square 5633, Lots 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 7000, 7009, and 7010, as evidenced by the recordation of a deed conveying title to the real property between October 1, 2020, and December 31, 2020. “(B) The amount of all taxes, fees, and deposits exempted under this paragraph and § 42-1102(36), shall not exceed, in the aggregate, $420,840.”. SUBTITLE P. COMBINED REPORTING TAX DEDUCTION DELAY Sec. 7181. Short title. This subtitle may be cited as the “Combined Reporting Tax Deduction Delay Congressional Review Emergency Amendment Act of 2020”. Sec. 7182. Section 47-1810.08(b) of the District of Columbia Official Code is amended as follows: ENROLLED ORIGINAL 114 (a) Paragraph (1) is amended by striking the phrase “beginning with the 10th year of the combined filing” and inserting the phrase “beginning with the 15th year of the combined filing” in its place. (b) Paragraph (2) is amended by striking the number “2015” and inserting the number “2020” in its place. SUBTITLE Q. ESTATE TAX ADJUSTMENT Sec. 7191. Short title. This subtitle may be cited as the “Estate Tax Adjustment Congressional Review Emergency Amendment Act of 2020”. Sec. 7192. Section 47-3701 of the District of Columbia Official Code is amended as follows: (a) Paragraph (4) is amended as follows: (1) Subparagraph (E) is amended by striking the phrase “dying after December 31, 2017” and inserting the phrase “whose death occurs after December 31, 2017, but before January 1, 2021” in its place. (2) A new subparagraph (F) is added to read as follows: “(F) For a decedent whose death occurs after December 31, 2020: “(i) The maximum amount of credit for state death taxes allowed by section 2011 of the Internal Revenue Code; “(ii) The amount of the unified credit shall be $1,545,800, increased annually, beginning with the year commencing on January 1, 2022, by the cost-of- living adjustment; and “(iii) An estate tax return shall not be required to be filed if the decedent’s gross estate does not exceed the applicable zero bracket amount.”. (b) Paragraph (14) is amended as follows: (1) Subparagraph (B) is amended by striking the phrase “; or” and inserting a semicolon in its place. (2) Subparagraph (C) is amended as follows: (A) Strike the phrase “after December 31, 2017” and insert the phrase “after December 31, 2017, but before January 1, 2021” in its place. (B) Strike the period at the end and insert the phrase “; or” in its place. (3) A new subparagraph (D) is added to read as follows: “(D) For a decedent whose death occurs after December 31, 2020, $4 million, increased annually, beginning with the year commencing on January 1, 2022, by the cost-of-living adjustment.”. ENROLLED ORIGINAL 115 SUBTITLE R. DISTRICT OF COLUMBIA LOW-INCOME HOUSING TAX CREDIT CLARIFICATION Sec. 7201. Short title. This subtitle may be cited as the “District of Columbia Low-Income Housing Tax Credit Clarification Congressional Review Emergency Amendment Act of 2020”. Sec. 7202. Chapter 48 of Title 47 of the District of Columbia Official Code is amended as follows: (a) The table of contents is amended by striking the phrase “47-4806. Transfer, sale, or assignment” and inserting the phrase “47-4806. Transfer, sale, assignment, or allocation” in its place. (b) Section 47-4801 is amended as follows: (1) A new paragraph (1A) is added to read as follows: “(1A) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.”. (2) Paragraph (3) is amended by striking the phrase “cause the construction of affordable housing” and inserting the phrase “cause the acquisition, rehabilitation, or construction of affordable housing” in its place. (3) Paragraph (6) is amended by striking the phrase ““Low-Income Housing Tax Credit Program” means the program authorized by section 42 of the Internal Revenue Code of 1986” and inserting the phrase ““Federal low-income housing tax credit” means a tax credit claimed pursuant to section 42 of the Internal Revenue Code of 1986” in its place. (4) Paragraph (7) is repealed. (5) Paragraph (8) is amended by striking the phrase “a rental housing development that receives an allocation of federal Low-Income Housing Tax Credits from the Department” and inserting the phrase “a rental housing development in the District that receives an allocation of federal low-income housing tax credits under section 42(h)(1) or (4) of the 1986 Internal Revenue Code (26 U.S.C. § 42(h)(1) or (4)) after October 1, 2021, and receives an executed extended low-income housing commitment pursuant to section 42(h)(6)(B) of the 1986 Internal Revenue Code (26 U.S.C. § 42(h)(6)(B)) from the Department dated on or after October 1, 2021”. (c) Section 47-4802 is amended as follows: (1) Subsection (a) is amended to read as follows: “(a) There is established a District of Columbia low-income housing tax credit.”. (2) Subsection (b) is repealed. (3) Subsection (c) is repealed. (4) Subsection (d) is amended by striking the phrase “tax credit award” and inserting the phrase “tax credit” in its place. (d) Section 47-4803 is amended as follows: (1) Subsection (a) is amended to read as follow: ENROLLED ORIGINAL 116 “(a) An owner of a qualified project may receive a District of Columbia low-income housing tax credit with respect to that qualified project in an amount equal to 25% of the value of the federal low-income housing tax credit received with respect to the qualified project.”. (2) Subsection (b) is amended to read as follows: “(b)(1) If the owner of a qualified project transfers, sells, or assigns a District of Columbia low-income housing tax credit to another taxpayer, pursuant to § 47-4806, the District of Columbia low-income housing tax credit shall not be taken, pursuant to subsection (c) of this section, against taxes imposed under this title unless the owner has filed with the Department, in a form determined by the Department, an affidavit certifying that: “(A) The owner of the qualified project received, as consideration for transferring, selling, or assigning the District of Columbia low-income housing tax credit, at least 80% of the per dollar sale price for a federal low-income housing tax credit associated with the qualified project that the owner has transferred, sold, or assigned; and “(B) The value received by the owner of the qualified project was used to ensure financial feasibility of the qualified project. “(2) The Department shall deliver to the Chief Financial Officer and the Commissioner an annual report certifying the ongoing eligibility of an eligible project to receive federal low-income housing tax credits.”. (3) Subsection (c) is amended to read as follows: “(c)(1) The District of Columbia low-income housing tax credit may be claimed against taxes imposed under Chapter 18 of this title or § 47-2608(a)(1). “(2) The District of Columbia low-income housing tax credit may be claimed equally for 10 years, subtracted from the tax otherwise due for each taxable period and shall not be refundable; provided, that the credit may not be taken against any tax that is dedicated in whole or in part to the Healthy DC and Heath Care Expansion Fund established by § 31- 3514.02.”. “(3) If the District of Columbia low-income housing tax credit is claimed against taxes imposed under Chapter 18 of this title, any amount of the low-income housing tax credit that exceeds the tax due for a taxable year may be carried forward to any of the 10 remaining subsequent taxable years for taxes imposed under Chapter 18 of this title. If the District of Columbia low-income housing tax credit is claimed against taxes imposed under § 47- 2608(a)(1), any amount of the credit that exceeds the tax due for a taxable year may be carried forward to any of the 10 remaining subsequent taxable years for taxes imposed under § 47- 2608(a)(1).”. (4) Subsection (d)(1) is amended by striking the phrase “allocated to parties who are eligible under the provisions of subsection (a) of this section” and inserting the phrase “transferred, sold, assigned, or allocated to parties who are eligible pursuant to Chapter 48 of Title 47 of the District of Columbia Official Code” in its place. (5) Subsection (e) is amended as follows: ENROLLED ORIGINAL 117 (A) The lead-in language is amended by striking the phrase “submitted to the Chief Financial Officer as provided in this section” and inserting the phrase “submitted to the Chief Financial Officer and the Commissioner as provided in this section” in its place. (B) Paragraph (2) is amended by striking the phrase “each taxpayer subject to the recapture” and inserting the phrase “each transferee, purchaser, assignee, or party to whom a credit is allocated” in its place. (C) Paragraph (3) is amended by striking the phrase “allocated to such taxpayer” and inserting the phrase “allocated to such transferee, purchaser, assignee, or party to whom a credit is allocated” in its place. (6) Subsection (f)(1) is amended by striking the phrase “A tax credit allowed under this section shall not be denied to the taxpayer with respect to any qualified project” and inserting the phrase “A District of Columbia low-income housing tax credit allowed under this section shall not be denied with respect to any qualified project” in its place. (e) Section 47-4804 is amended as follows: (1) Subsection (a) is amended to read as follows: “(a) The owner of a qualified project eligible for the District of Columbia low-income housing tax credit shall submit a copy of the eligibility statement issued by the Department with respect to the qualified project at the time of filing the return required to be filed by the owner pursuant to § 47-1805.02. In the case of failure to attach the eligibility statement, a credit under this section shall not be allowed with respect to such qualified project for that year until the copy is provided to the Chief Financial Officer and the Commissioner.”. (2) Subsection (b) is amended by striking the phrase “such qualified District of Columbia project shall also be recaptured” and inserting the phrase “such qualified District of Columbia project shall also be recaptured by the Office of Chief Financial Officer or Commissioner of Insurance, Securities, and Banking” in its place. (f) Section 47-4805 is amended by striking the phrase “The Chief Financial Officer or the Department may require” and inserting the phrase “The Chief Financial Officer, the Commissioner, or the Department may require” in its place. (g) Section 47-4806 is amended as follows: (1) The section heading is amended by striking the phrase “Transfer, sale, or assignment” and inserting the phrase “Transfer, sale, assignment, or allocation” in its place. (2) Subsection (a) is amended as follows: (A) The existing text is designated as paragraph (1) and amended to read as follows: “(1) All or any portion of credits issued in accordance with the provisions of this section may be transferred, sold, or assigned to another taxpayer. There is no limit on the total number of transactions for the transfer, sale, or assignment of all or part of the total credit authorized under this section. Collectively, all transfers, sales, assignments, and allocations pursuant to paragraph (2) of this subsection are subject to the maximum credit allowable to a particular qualified project.”. ENROLLED ORIGINAL 118 (B) A new paragraph (2) is added to read as follows: “(2) A tax credit earned or purchased by, or transferred or assigned to, a partnership, limited liability company, S corporation, or other pass-through entity may be allocated to the partners, members, or shareholders of that entity in accordance with the provisions of any agreement among the partners, members, or shareholders and without regarding to the ownership interest of the partners, members, or shareholders in the qualified project. A partner, member, or shareholder to whom a tax credit is allocated may further allocate all or part of the allocated credit as provided in this subsection or may transfer, sell, or assign the allocated credit as provided in paragraph (1) of this subsection. There is no limit on the total number of allocations of all or part of the total credit authorized under this section; however, collectively, all transfers, sales, assignments, and allocations, made pursuant to this subsection, are subject to the maximum credit allowable to a particular qualified project.”. (3) Subsection (b) is amended to read as follows: “(b) An owner, transferee, purchaser, assignee, or taxpayer to whom a tax credit is allocated pursuant to subsection (a)(2) of this section, desiring to make a transfer, sale, assignment, or allocation pursuant to subsection (a)(2) of this section, shall submit to the Chief Financial Officer and the Commissioner a statement that describes the amount of District of Columbia low-income housing tax credit for which such transfer, sale, assignment, or allocation of District of Columbia low-income housing tax credit is eligible. The owner, transferor, seller, assignor, or taxpayer who is allocating, pursuant to subsection (a)(2) of this section, the tax credit, as applicable, shall provide to the Chief Financial Officer and the Commissioner appropriate information so that the low-income housing tax credit can be properly allocated.”. (4) Subsection (c)(3) is amended to read as follows: “(3) Amount of credit previously transferred, sold, assigned, or allocated to such transferee, purchaser, assignee, or taxpayer to whom a credit is allocated.”. (h) Section 47-4807 is amended as follows: (1) Subsection (a) is amended by striking the phrase “The Department, in consultation with the Chief Financial Officer, shall monitor” and inserting the phrase “The Department, in consultation with the Chief Financial Officer and the Commissioner, shall monitor” in its place. (2) Subsection (b) is amended by striking the phrase “The Department or the Chief Financial Officer shall report” and inserting the phrase “The Department, the Chief Financial Officer, or the Commissioner shall report” in its place. SUBTITLE S. EXCLUDED WORKERS Sec. 7211. Short title. This subtitle may be cited as the “Excluded Workers Congressional Review Emergency Amendment Act of 2020”. Sec. 7212. Assistance for excluded workers. ENROLLED ORIGINAL 119 The Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1201.01 et seq.), is amended by adding a new section 203a to read as follows: “Sec. 203a. Assistance for excluded workers. “(a) During the public health emergency declared in the Mayor’s order dated March 11, 2020 and any extensions thereof, the Washington Convention and Sports Authority (“Events DC”) shall issue, subject to the availability of funds, grants or contracts to nonprofit entities to use to provide cash assistance to District residents who are otherwise excluded from District and federal aid related to COVID-19. To qualify for cash assistance from grants or contracts awarded pursuant to this section, a District resident shall, at the time of application for assistance under this section: “(1) Demonstrate loss of income due to the public health emergency; “(2)(A) Be ineligible for: “(i) Unemployment insurance; or “(ii) COVID-19 relief; or “(B) Be a returning citizen, as defined by section 2(5) of the Office on Ex- Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1301(5)), whose incarceration ended not more than 6 months before the time of application for assistance under this section; and “(3) Provide a: “(A) Signed certification that the resident’s loss of income stems from the public health emergency; and “(B) Proof of residency and eligibility for relief, as determined by Events DC and consistent with rules and standards for COVID-19 relief programs administered by Events DC. “(b) Any entity receiving a grant or contract pursuant to this section may use no more than 10% of the grant for administrative expenses incurred from administering the cash assistance program. “(c) Cash assistance provided to eligible individuals pursuant to this section shall not be considered in determining eligibility for any means-tested programs administered by the District. “(d) For the purposes of this section the term: “(1) “COVID-19” means the disease caused by the novel coronavirus SARS- CoV-2. “(2) COVID-19 relief” means federal monetary unemployment assistance provided under the Coronavirus Aid, Relief, and Economic Security Act, approved March 27, 2020 (134 Stat. 281; 15 U.S.C. § 9001 et seq.), which shall include tax credits but shall not include federal Economic Impact Payments or other stimulus relief for which eligibility is not contingent on the recipient’s employment status.”. ENROLLED ORIGINAL 120 Sec. 7213. Non-taxability. Section 47-1803.02(a)(2) of the District of Columbia Official Code is amended to add a new subparagraph (JJ) to read as follows: “(JJ) Cash assistance for excluded workers given pursuant to grants awarded by the Washington Convention and Sports Authority in 2020.”. TITLE VIII. SPECIAL PURPOSE AND DEDICATED REVENUE FUNDS Sec. 8001. Short title. This subtitle may be cited as the “Designated Fund Transfer Congressional Review Emergency Act of 2020”. Sec. 8002. (a) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall transfer in Fiscal Year 2021 and in each fiscal year through Fiscal Year 2024 the following recurring amounts from certified fund balances and other revenue in the identified accounts to the unassigned fund balance of the General Fund of the District of Columbia: Agency Code Agency Fund Detail Fund Name FY 2021 -2024 CR0 DCRA 6013 Basic Business License Fund 6,000 CR0 DCRA 6040 Corporate Recordation Fund 12,500 HA0 DPR 0602 Enterprise Fund Account 150,000 HC0 DOH 0605 SHPDA Fees 4,000 HC0 DOH 0632 Pharmacy Protection 5,393 HC0 DOH 0633 Radiation Protection 3,500 HC0 DOH 0643 Board of Medicine 145,493 HC0 DOH 0656 EMS Fees 5,250 KG0 DOEE 0646 Stormwater Fees 2,000 KG0 DOEE 0662 Renewable Energy Development Fund 30,000 KG0 DOEE 6700 Sustainable Energy Trust Fund 40,000 LQ0 ABRA 6017 ABC - Import and Class License Fees 245,368 PO0 OCP 4010 DC Surplus Personal Property Sales Operation 10,000 SR0 DISB 2100 HMO Assessment 17,763 SR0 DISB 2200 Insurance Assessment 120,790 SR0 DISB 2350 Securities and Banking Fund 370,403 SR0 DISB 2800 Captive Insurance 82,741 ENROLLED ORIGINAL 121 TC0 DFHV 2400 Public Vehicles for Hire 21,000 Total 1,272,201 (b) The amounts identified in subsection (a) of this section shall be made available as set forth in the approved Fiscal Year 2021 Budget and Financial Plan. TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE Sec. 9001. Applicability. Except as otherwise provided, this act shall apply as of October 20, 2020. Sec. 9002. Fiscal impact statement. The Council adopts the fiscal impact statement in the committee report for the Fiscal Year 2021 Budget Support Act of 2020, enacted on August 31, 2020 (D.C. Act 23-407; 67 DCR 10493), 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. 9003. Effective date. 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), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)). ______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia