Text of DC B 250460 (2024)

COUNCIL OF THE DISTRICT OF COLUMBIA OFFICE OF COUNCILMEMBER BROOKE PINTO THE JOHN A. WILSON BUILDING 1350 PENNSYLVANIA AVENUE, N.W., SUITE 106 WASHINGTON, D.C. 20004 September 18, 2023 Nyasha Smith, Secretary Council of the District of Columbia 1350 Pennsylvania Avenue, N.W. Washington, DC 20004 Dear Secretary Smith, Today, I, along with Councilmembers Christina Henderson, Robert White, Charles Allen, Vincent Gray, Matt Frumin, Janeese Lewis George, and Anita Bonds am introducing the “Transgender and Gender-Diverse Mortality and Fatality Review Committee Establishment Act of 2023.” Please find enclosed a signed copy of the legislation. With the death of Jasmine “Star” Mack on January 7, 2023, the District marked a grim milestone: the first transgender person in the country to be violently killed in 2023 lived and died in D.C.1 Despite transgender and gender-diverse people only making up approximately 1.6 million of the population2 in the United States, mortality, fatality, and morbidity trends for this group compared to cisgender people are disproportionately high.3 Although data are limited, some studies suggest that transgender people are “twice as likely to die as cisgender people” due to “heart disease, lung cancer, HIV-related illness and suicide,” with trans women being “two times as likely to die” compared to cis men and “three times as likely” compared to cis women.4 Trans women in particular are disproportionately vulnerable to the aforementioned risks, as well as to violence and murder, with one in four trans women likely to be victimized by a hate-related crime.5 Meanwhile, trans women of color are even more overrepresented as victims of violence and murder.6 1 Casey Parks and Jenna Portnoy, Transgender woman killed in in D.C. ‘just wanted a chance at life’, Washington Post (Jan. 15, 2023), available here. 2 Williams Institute, Transgender People, available here. “Trans” covers any and all individuals whose gender identity or expression differs from the sex/gender assigned at birth, irrespective of medical, hormonal, or surgical intervention. “Mortality” here denotes death by natural or accidental causes; “fatality” denotes death by homicide or suicide. See also LGBT Mortality Project, Resources, available here. 3 Cf. Sarah S. Jackson, et al. Analysis of Mortality Among Transgender and Gender Diverse Adults in England, JAMA Netw Open (Jan. 3, 2023); 6(1):e2253687. doi: 10.1001/jamanetworkopen.2022.53687. PMID: 36716027; PMCID: PMC9887492, available here. 4 Robert Hart, Transgender People Twice As Likely To Die As Cisgender People, Study Finds, Forbes (Sep. 2, 2021), available here. 5 Cf. Williams Institute, Gender Identity Disparities in Criminal Victimization, National Crime Victimization Survey, 2017-2018, available here. Hannah Schoenbaum, Report says at least 32 transgender people were killed in the U.S. in 2022, PBS News Hour (Nov. 16, 2022), available here. 6 Harvard Civil Rights-Civil Liberties Law Review, America’s War on Black Trans Women (Sep. 23, 2020), available here; Faith Karimi, Deadly attacks on Black trans women are going up, advocacy group says, CNN (Jun. 13, 2021), Transgender fatalities from violence have continued to rise in recent years, making the need for policy intervention especially urgent.7 All of this suggests that trans and gender-diverse people may face particular vulnerabilities that cisgender people do not. There is thus an urgent need for more information about trans and gender-diverse people’s lives and deaths, so that the District can properly support health outcomes for this constituency. To facilitate this important work, this legislation would establish a Transgender and Gender- Diverse Mortality and Fatality Review Committee. This Committee would complement the District’s existing mortality and fatality review committees administered by the Office of the Chief Medical Examiner (“OCME”). The Transgender and Gender-Diverse Mortality and Fatality Review Committee would consist of representatives from OCME and other relevant District agencies; representatives from District hospitals, transgender and gender-diverse advocacy organizations, housing organizations, healthcare providers, researchers from a college or university within the District conducting research in this area, and social workers specializing in transgender and gender-diverse issues. The Committee would be tasked with identifying and characterizing the scope and nature of transgender mortalities and fatalities; recording trends; conducting retrospective socioeconomic analyses; and working to develop policy recommendations. The establishment of this Committee will continue the District’s leading role in LGBTQIA+ advocacy and legislation. The Committee will be the first entity of its kind in the United States. It will contribute important data and analysis and provide important resources for the National Center for Fatality Review and Prevention and for transgender and gender-diverse people across the country and inform future strategies and interventions to drive down the disparate outcomes we are currently seeing with our transgender and gender-diverse residents. Should you have any questions about this legislation, please contact Michael Porcello, Committee Director for the Committee on the Judiciary and Public Safety, at mporcello@dccouncil.gov. Thank you, Brooke Pinto available here; Trudy Ring, Here Are the 57 Trans Americans Killed in 2021, Advocate (May 5, 2022), available here; Laken Brooks, 2021 Has Been A Deadly Year for Transgender People (Nov. 14, 2021), available here. 7 Human Rights Campaign, Fatal Violence Against the Transgender and Gender Non-Conforming Community in 2021, available here; Orion Rummler and Kate Sosin, 2021 is now the deadliest year on record for transgender people, PBS News Hour (Nov. 18, 2021), available here. 1 ___________________________ ______________________________ 1 Councilmember Robert C. White, Jr. Councilmember Brooke Pinto 2 3 4 ___________________________ ______________________________ 5 Councilmember Anita Bonds Councilmember Christina Henderson 6 7 8 ______________________________ ______________________________ 9 Councilmember Vincent C. Gray Councilmember Charles Allen 10 11 12 ______________________________ ______________________________ 13 Councilmember Janeese Lewis George Councilmember Matthew Frumin 14 15 16 17 A BILL 18 __________ 19 20 21 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 22 23 24 __________________ 25 26 27 To establish a Transgender and Gender-Diverse Mortality and Fatality Review Committee within 28 the Office of the Chief Medical Examiner to determine the causes associated with 29 transgender and gender diverse mortalities and fatalities of District residents and those 30 that occur in the District, to identify and characterize the scope and nature of transgender 31 and gender-diverse mortalities and fatalities, to describe and record any trends, data, or 32 patterns that are observed surrounding transgender and gender-diverse mortalities and 33 fatalities, to create a strategic framework for improving transgender and gender-diverse 34 health outcomes for racial and ethnic minorities in the District, to recommend training to 35 improve the identification, investigation, and prevention of transgender and gender- 36 diverse mortalities and fatalities, and to make publicly available an annual report of its 37 findings, recommendations, and steps taken to evaluate implementation of past 38 recommendations. 39 40 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 41 act may be cited as the “Transgender and Gender-Diverse Mortality and Fatality Review 42 Committee Establishment Amendment Act of 2023”. 43 2 Sec. 2. Definitions. 44 For purposes of this act, the term: 45 (1) “Cisgender” shall have the same meaning as provided in D.C. Official Code § 46 1-607.61(1). 47 (2) "Committee" means the Transgender and Gender-Diverse Mortality and 48 Fatality Review Committee. 49 (3) “Documentation memorializing transgender or gender-diverse status” means 50 documentation that memorialize a decedent’s gender transition, and may include: 51 (A) A written statement by the decedent self-identifying as transgender, 52 gender-diverse, or not cisgender; 53 (B) Documentation of a change to the decedent's gender marker on a 54 certificate of birth, driver's license or state identification card, social security record, or passport; 55 (C) A court order approving a name or gender change; or 56 (D) A statement, signed under the penalty of law, by a licensed healthcare 57 provider or licensed mental healthcare provider who treated or evaluated the decedent, stating 58 that the decedent underwent surgical, hormonal, or other treatment appropriate for the decedent 59 for the purpose of gender-affirming care, based on contemporary medical standards. 60 (4) "Gender-affirming care" shall have the same meaning as provided in section 61 102(12A) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. 62 Official Code § 2-1401.02(12A)). 63 (5) “Gender-diverse” means a person whose gender identity or expression is at 64 odds with what is perceived as being the gender norm in a particular context at a particular point 65 in time, including those who do not place themselves in a gender or sex binary. This includes 66 3 non-binary individuals as defined in D.C. Official Code § 1-607.61(3) and individuals who 67 identify as not cisgender. 68 (6) “Gender identity or expression" shall have the same meaning as provided 69 in section 102(12A-i) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 70 2-38; D.C. Official Code § 2-1401.02(12A)). 71 (7) "Personally identifiable information" shall have the same meaning as provided 72 in D.C. Official Code § 7-231.01(42) and shall also include documentation memorializing 73 transgender and gender-diverse status as defined in this chapter. 74 (5) “Transgender” shall have the same meaning as provided in D.C. Official Code § 75 1-607.61(4). 76 (6) “Transgender and gender-diverse fatality” means the death of a transgender, 77 gender-diverse, or not cisgender person by a homicide or suicide. 78 (7) “Transgender and gender-diverse mortality” means the death of a transgender, 79 gender-diverse, or not cisgender person by accident or nature. 80 Sec. 3. Establishment and duties. 81 (a) There is established a Transgender and Gender-Diverse Mortality and Fatality Review 82 Committee (“Committee”) within the Office of the Chief Medical Examiner (“OCME”). The 83 OCME shall provide facilities, staffing, and other administrative support for the Committee. 84 (b) The Committee shall evaluate transgender and gender-diverse mortalities and 85 fatalities, including associated factors: 86 (1) That occur in the District; and 87 (2) Of District residents, regardless of the place of death. 88 (c) The Committee’s duties shall include: 89 4 (1) Identifying and characterizing the scope and nature of transgender and gender- 90 diverse mortalities and fatalities in the District and of District residents; 91 (2) Coordinating with other District mortality and fatality review entities to 92 minimize duplicate mortality and fatality case review; 93 (3) Describing and recording any trends, data, or patterns that are observed 94 surrounding transgender and gender-diverse mortalities and fatalities; 95 (4) Examining past events and circumstances surrounding transgender and 96 gender-diverse mortalities by reviewing records and other pertinent documents of public 97 agencies and private entities responsible for investigating transgender and gender-diverse 98 mortalities or treating transgender and gender-diverse persons; 99 (5) Performing retrospective review of socioeconomic determinant risk and 100 protective factors surrounding transgender and gender-diverse fatalities in the District; 101 (6) Developing and revising, as necessary, operating rules and procedures for 102 review of transgender and gender-diverse mortalities and fatalities, including identification of 103 cases to be reviewed, coordination among the agencies and professionals involved, and 104 improvement of the identification, data collection, and record keeping of the causes of 105 transgender and gender-diverse mortalities and fatalities; 106 (7) Recommending systemic improvements to promote improved and integrated 107 public and private systems serving transgender and gender-diverse people in the District, 108 including improved interagency coordination; 109 (8) Recommending systemic improvements to prevent and respond to transgender 110 and gender-diverse mortalities and fatalities; 111 5 (9) Recommending policies for improved access to employment, healthcare, 112 mental healthcare, housing, and educational programs for transgender and gender-diverse 113 residents; 114 (10) Creating a strategic framework for improving transgender and gender-diverse 115 health outcomes for racial and ethnic minorities in the District, including reducing disparities in 116 transgender morality and fatality rates for racial and ethnic minorities; 117 (11) Recommending training for providers who treat transgender and gender- 118 diverse health patients to improve the identification, investigation, and prevention of transgender 119 and gender-diverse mortalities and, in the case of fatalities, recommending training to improve 120 the prevention of transgender and gender-diverse fatalities and to identify risk factors and 121 develop protective factors in the individual, family, and community response to violence. 122 (d)(1) By July 1 of each year, the Committee shall make publicly available and submit to 123 the Council and Mayor an annual report of its findings, recommendations, and steps taken to 124 evaluate the implementation of past recommendations, which includes the following 125 information: 126 (A) A description of the causes and contributing factors to the transgender 127 and gender-diverse mortalities and fatalities the Committee reviewed during the preceding 128 calendar year; 129 (B) A description of the state of transgender and gender-diverse health and 130 transgender and gender-diverse mortalities and fatalities in the District, including statistics and 131 causes of transgender and gender-diverse mortalities and fatalities; and 132 6 (C) Recommendations for systemic changes and legislation relating to the 133 delivery of transgender and gender-diverse health care in the District and the prevention of 134 transgender mortalities and fatalities. 135 (2) The annual report submitted pursuant to paragraph (1) of this subsection shall 136 not contain any personally identifiable information but may include aggregated data. 137 (3) If a recommendation in the annual report is directed at a particular subordinate 138 agency, the head of the subordinate agency shall respond in writing to the Committee within 30 139 days after the issuance of the annual report, describing the agency’s plans to address the 140 recommendation. 141 (4) The Chief Medical Examiner shall annually, no later than 60 days after the 142 annual report described in paragraph (1) of this subsection is made publicly available, convene a 143 symposium at which the Chief Medical Examiner shall present the report to the public, District 144 agencies implicated by the report's findings, the Deputy Mayors for Public Safety and Justice and 145 Health and Human Services, any relevant health or policy stakeholders, and the Committee's 146 representatives and members. 147 Sec. 4. Composition of the Committee; procedural requirements. 148 (a) The Mayor shall appoint one representative from each of the following District 149 agencies to serve on the Committee: 150 (1) The Office of the Chief Medical Examiner; 151 (2) The Department of Health; 152 (3) The Department of Behavioral Health; 153 (4) The Department of Health Care Finance; 154 (5) The Department of Human Services; and 155 7 (6) The Mayor’s Office of Lesbian, Gay, Bisexual, Transgender and Questioning 156 Affairs; and 157 (b) The Mayor shall additionally appoint the following members in accordance with 158 section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. 159 Official Code §l-523.01(f): 160 (1) One representative from a hospital located in the District; 161 (2) One representative from a community organization specializing in 162 transgender and gender-diverse issues; 163 (3) One representative from a transgender and gender-diverse housing 164 organization; 165 (4) One representative from a transgender and gender-diverse healthcare 166 provider; 167 (5) One representative from a college or university within the District 168 conducting research in transgender and gender-diverse mortality trends or fatality prevention; 169 (6) One social worker specializing in transgender and gender-diverse issues or 170 clients; and 171 (d)(1) Members appointed pursuant to subsections (a) and (b) of this section shall serve at 172 the pleasure of the Mayor, or of the entity designating their availability for appointment. 173 (2) Members appointed pursuant to subsection (c) of this section shall serve a 3- 174 year term and may be removed by the Mayor for cause. Vacancies in membership shall be filled 175 in the same manner in which the original appointment was made. 176 (e) The Committee shall select a Chairperson according to procedures set forth by the 177 Committee. 178 8 (f) The Committee shall establish quorum and other procedural requirements as it 179 considers necessary. 180 (g) No member appointed pursuant to subsection (c) of this section shall serve in a hold- 181 over capacity for longer than 180 days after the expiration of the term to which they were 182 appointed. 183 (h) The Committee may invite other stakeholders to attend or present at any relevant 184 portion of a Committee meeting. 185 Sec. 5. Access to information. 186 (a) Notwithstanding any other provision of law, immediately upon the request of the 187 Committee and as necessary to carry out the Committee’s purpose and duties, the Committee 188 shall be provided, without cost and without authorization of the persons to whom the information 189 or records relate, access to: 190 (1) All information and records of: 191 (A) Any District of Columbia agency, or a District agency’s contractors, 192 including birth and death certificates, law enforcement investigation data, unexpurgated and 193 unsealed juvenile and adult criminal records, intellectual and developmental disabilities records, 194 medical examiner investigation data, autopsy reports, parole and probation information and 195 records, school records, and information records of social services, housing; and 196 (B) Health agencies that provided services to the transgender and gender- 197 diverse decedent, or in the case of fatality, services provided to the decedent’s family, or an 198 alleged or suspected perpetrator of violence or abuse whose acts led to the decedent’s fatality; 199 (2) All information and records of any health-care provider, healthcare 200 facility, clinic, laboratory, or medical record department, including providers of mental health 201 9 services who provided services to the decedent, that receives information related to transgender 202 and gender-diverse mortalities. 203 (3) All information and records of any healthcare providers located in the 204 District, including providers of health and mental health services who provided services to the 205 decedent, the decedent’s family, or the alleged or suspected perpetrator whose acts led to the 206 decedent’s death; 207 (4) All information and records of any public or private child welfare 208 agency, educational facility or institution, or childcare provider doing business in the District 209 who provided services to the decedent, the decedent’s family, or the alleged or suspected 210 perpetrator whose acts led to the decedent’s death; 211 (5) Information made confidential by § 4-1302.03 or § 4-1303.06, § 7- 212 231.24(n), § 7-1203.02, § 7-1305.12, §§ 16-2331, 16-2332, 16-2333, and 16-2335, and § 31- 213 3426. 214 (b) The Committee may seek information from entities and agencies outside the District 215 by any legal means available to it. 216 (c)(1) Notwithstanding subsection (a)(1) of this section, information and records 217 concerning a current law enforcement investigation may be withheld, at the discretion of the 218 investigating authority, if disclosure of the information would compromise a criminal 219 investigation or prosecution. 220 (2) If information or records are withheld under paragraph (1) of this subsection, a 221 report on the status of the investigation shall be submitted to the Committee every 3 months until 222 the earliest of the following events occurs: 223 10 (A) The investigation is concluded and the information or records are 224 provided to the Committee; or 225 (B) The investigating authority determines that providing the information 226 will no longer compromise the investigation and the information or records are provided to the 227 Committee. 228 (d)(1) All records and information obtained by the Committee pursuant to subsections 229 (a) and (b) of this section pertaining to a deceased victim or any other individual shall be 230 destroyed immediately following the preparation of the Committee's annual report. All additional 231 information concerning a review, except statistical data, shall be destroyed by the Committee one 232 year after publication of the Committee's annual report. 233 (2) The Committee may have access to personally identifiable information relating 234 to transgender fatalities and mortalities; provided, that the Committee shall not disclose 235 personally identifiable information. 236 (3) The Department of Health and the Committee may retain data on facilities 237 where transgender mortalities occur for analytical purposes. 238 (e)(1) The Department of Health shall establish a procedure to identify individuals who 239 are not cisgender when reviewing decedents and to communicate said individuals to OCME on a 240 routine basis. 241 (2) The Department of Health, OCME, and any other relevant agency must use 242 their respective procedures for identifying individuals who are transgender, gender-diverse, or 243 not cisgender when reviewing decedents and communicate information about said individuals to 244 the Committee. 245 11 (A)(1) If an agency does not have such procedures already in place, they 246 will be required to establish such a procedure in writing and make it available to the public 247 within 180 days after the effective date of the “Transgender and Gender-Diverse Mortality and 248 Fatality Review Act of 2023; 249 (2) The Mayor’s Office of Lesbian, Gay, Bisexual, Transgender and 250 Questioning Affairs shall provide support to agencies in developing these procedures. 251 Sec. 6. Subpoena power. 252 (a) When necessary for the discharge of its duties, the Committee may issue subpoenas to 253 compel witnesses to appear, testify, or produce books, papers, correspondence, memoranda, 254 documents, medical records, or other relevant records. 255 (b) Except as provided in subsection (c) of this section, subpoenas shall be served 256 personally upon the witness or the witness's designated agent, not fewer than 5 business days 257 before the date the witness must appear or the documents must be produced, by a special process 258 server, at least 18 years of age, engaged by the Committee. 259 (c) If, after a reasonable attempt, personal service on a witness or a witness's agent cannot 260 be effected, a special process server identified in subsection (b) of this section may serve a 261 subpoena by registered or certified mail not fewer than 8 business days before the date the 262 witness must appear, testify, or produce documents. 263 (d) If a witness who has been personally summoned neglects or refuses to obey the 264 subpoena issued pursuant to subsection (a) of this section, the Committee may report that fact to 265 the Superior Court of the District of Columbia, and the court may compel obedience to the 266 subpoena to the same extent as witnesses may be compelled to obey the subpoenas of the court. 267 Sec. 7. Confidentiality of information and proceedings. 268 12 (a) Except as provided in this section, information and records obtained or created by the 269 Committee are confidential and not subject to civil discovery or to disclosure pursuant to 270 subchapter II of Chapter 5 of Title 2. 271 (b) Information and records presented to the Committee for review shall not be immune 272 from subpoena, discovery, or prohibited from being introduced into evidence solely because they 273 were presented to or reviewed by the Committee if the information and records have been 274 obtained through other sources. 275 (c) Information required to be reported under §4-1321.02 or §4-1321.03, shall be 276 disclosed by the Committee to the Child and Family Services Agency. 277 (d) A person other than a Committee member who appears before or participates in the 278 Committee's review of fatalities shall sign a confidentiality agreement acknowledging that any 279 information provided to the Committee is confidential; provided, that any such confidentiality 280 agreement shall account for situations where disclosure is necessary for the person to comply 281 with a request for information from the Committee. 282 (e) Committee meetings shall be subject to subchapter IV of Chapter 5 of Title 2, except 283 that Committee meetings shall be closed when the Committee is discussing cases of individual 284 transgender fatalities and mortalities or where the identity of any person, other than a person who 285 has expressly consented to be identified, can be ascertained. 286 (f) In the case of fatality, information identifying a victim of a fatality or that victim’s 287 family members, or an alleged perpetrator of the fatality, shall not be disclosed in any report that 288 is available to the public. 289 (g) The Committee may disclose information to other entities when the Committee 290 determines that disclosure is necessary to carry out the Committee's purpose and duties. The 291 13 Committee may disclose Committee records to another District fatality or mortality review 292 committee or board at the request of the District fatality or mortality review committee or board, 293 if the other District fatality or mortality review committee or board is governed by confidentiality 294 that is substantially similar to the confidentiality by which the Committee is governed. 295 (h) This section shall not be construed to prohibit a person from: 296 (1) Disclosing information that the person obtained independently of the 297 Committee; or 298 (2) Disclosing information that is already public. 299 Sec. 8. Immunity from liability for providing information to the Committee. 300 (a) Any person, hospital, or institution participating in good faith in providing 301 information to the Committee pursuant to this chapter shall have immunity from administrative, 302 civil, or criminal liability that might otherwise be incurred or imposed with respect to the 303 disclosure of the information. In any such proceeding, there shall be a rebuttable presumption 304 that the person, hospital, or institution that provided information to the Committee acted in good 305 faith. 306 (b) If acting in good faith, without malice, and within the parameters of the operating 307 rules and procedures established by this chapter, members of the Committee are immune from 308 civil liability for an activity related to reviews of transgender mortalities and fatalities, as the 309 term is defined in §5-1431.01(e). 310 Sec. 9. Unlawful disclosure of information; penalties. 311 Whoever knowingly discloses, receives, makes use of, or permits the use of information 312 concerning a victim or person in violation of this chapter shall be subject to a civil fine of not 313 14 more than $1,000. Violations of this chapter shall be prosecuted by the Office of the Attorney 314 General or the Attorney General’s designee in the name of the District of Columbia. 315 Sec. 10. Rules. 316 The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to 317 implement the provisions of this chapter. 318 Sec. 11. Section 303(a) of the Prevention of Child Abuse and Neglect Act of 1977, 319 effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code § 4-1302.03(a)), is amended 320 as follows: 321 (a) Paragraph (10) is amended by striking the phrase “; and” and inserting a semicolon in 322 its place. 323 (b) Paragraph (11) is amended by striking the period and inserting the phrase “; and” in 324 its place. 325 (c) A new paragraph (12) is added to read as follows: 326 “(12) The Transgender and Gender-Diverse Mortality and Fatality Review 327 Committee, for the purpose of examining past events and circumstances surrounding transgender 328 mortalities and fatalities, as that term is defined in section XX of the Transgender and Gender- 329 Diverse Mortality and Fatality Review Committee Amendment Act of 2023, passed on 2nd 330 reading on XXX, 2023 (Enrolled version of Bill XX-XXX). The Transgender and Gender- 331 Diverse Mortality and Fatality Review Committee shall be granted, upon request, access to 332 information contained in the files maintained on any deceased child or on the parent, guardian, 333 custodian, kinship caregiver, day-to-day caregiver, relative/godparent, caregiver, or sibling of a 334 deceased child.”. 335 15 Sec. 12. Section 306(a) of the Prevention of Child Abuse and Neglect Act of 1977, 336 effective October 18, 1979 (D.C. Law 3-29; D.C. Official Code §4-1303.06(a)), is amended as 337 follows: 338 (a) Paragraph (5) is amended by striking the phrase “; or” and inserting a semicolon in its 339 place. 340 (b) Paragraph (6) is amended by striking the period and inserting a semicolon in its 341 place. 342 (c) Paragraph (7) is amended by striking the period and inserting “; or” in its place. 343 (d) A new paragraph (8) is added to read as follows: 344 “(8) The investigation or review of transgender and gender-diverse mortalities and 345 fatalities, as that term is defined in section XX of the Transgender and Gender-Diverse Mortality 346 and Fatality Review Committee Amendment Act of 2023, passed on 2nd reading on XX X, 2023 347 (Enrolled version of Bill XX-XXX).”. 348 Sec. 13. Title 16 of the District of Columbia Official Code is amended as follows: 349 (a) Section 16-311 is amended by striking the phrase “Child Fatality Review Committee 350 or the Violence Fatality Review Committee" and inserting the phrase “Child Fatality Review 351 Committee, Violence Fatality Review Committee, or Transgender and Gender-Diverse Mortality 352 and Fatality Review Committee” in its place. 353 (b) Section l6-2332(c)(g) is amended as follows: 354 (1) Subparagraph (D)(ii)(II) is amended by striking “; and” and inserting a 355 semicolon in its place. 356 (2) Subparagraph (E) is amended by striking the period and inserting “; and” in its 357 place. 358 16 (3) A new paragraph (F) is added to read as follows: 359 “(F) The Transgender and Gender-Diverse Mortality and Fatality Review 360 Committee for the purposes of examining past events and circumstances surrounding transgender 361 fatalities, as that term is defined in section XX of the Transgender and Gender-Diverse Mortality 362 and Fatality Review Committee Amendment Act of 2023, passed on 2nd reading of XX X, 2023 363 (Enrolled version of Bill XX-XXX), or for the discharge of its official duties.”. 364 (c) Section 16-23331(c) is amended as follows: 365 (1) Subparagraph (E) is amended by striking “; and” and inserting a semicolon in 366 its place. 367 (2) Subparagraph (F) is amended by striking “; and” and inserting a semicolon in 368 its place. 369 (3) A new subparagraph (G) is added to read as follows: 370 (G) The Transgender and Gender-Diverse Mortality and Fatality Review 371 Committee when necessary for the discharge of its official duties; and” 372 (d) Section 16-2335(d) is amended by striking the phrase “Child Fatality Review 373 Committee and the Violence Fatality Review Committee” and inserting the phrase “the Child 374 Fatality Review Committee, the Violence Fatality Review Committee, and the Transgender and 375 Gender-Diverse Mortality and Fatality Review Committee” in its place. 376 Sec. 6. Section 204(d)(3) of the Freedom of Information Act of 1976, effective March 29, 377 1977 (D.C. Law 1-96; D.C. Official Code § 2-534(d)), is amended as follows: 378 (a) Subparagraph (C) is amended by striking the phrase “; and” and inserting a 379 semicolon in its place. 380 17 (b) Subparagraph (D) is amended by striking the period and inserting “; and” in its 381 place. 382 (c) A new subparagraph (E) is added to read as follows: 383 “(E) The Transgender and Gender-Diverse Mortality and Fatality Review 384 Committee, established by section XX of the Transgender and Gender-Diverse Fatality Review 385 Committee Amendment Act of 2023, passed on 2nd reading of XX X, 2023 (Enrolled version of 386 Bill XX-XXX).”. 387 Sec. 7. Section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 388 2-142; D.C, Official Code § 1-523.01(1)), is amended as follows: 389 (a) A new paragraph (72) is added to read as follows: 390 “(72) The Transgender and Gender-Diverse Mortality and Fatality Review 391 Committee, established by section 102(b) of the Fatality Review Committee Amendment Act of 392 2023, passed on 2nd reading on XX X, 2023 (Enrolled version of Bill XX-XXX).”. 393 Sec. 8. Fiscal impact statement. 394 The Council adopts the fiscal impact statement in the committee report as the fiscal 395 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 396 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 397 Sec. 9. Effective date. 398 This act shall take effect following approval by the Mayor (or in the event of veto by the 399 Mayor, action by Council to override the veto), a 30-day period of congressional review as 400 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 401 24, 1973 (87 Sat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 402 Columbia Register. 403 18 404 405