Code of the District of Columbia

Part A. Grant Transparency.


§ 1–328.01. Grant transparency. [Repealed]

Repealed.


(Sept. 18, 2007, D.C. Law 17-20, § 1014, 54 DCR 7052; Oct. 22, 2015, D.C. Law 21-36, § 1052, 62 DCR 10905.)

Prior Codifications

2001 Ed., § 1-333.12.

Section References

This section is referenced in § 1-333.12.

Emergency Legislation

For temporary (90 day) addition, see § 1014 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see §§ 2 to 4, of Haiti Earthquake Relief Drug and Medical Supply Assistance Emergency Act of 2009 (D.C. Act 18-318, February 22, 2010, 57 DCR 1658).

For temporary (90 days) repeal of this section, see § 1052 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

Sections 2 to 4 of D.C. Law 18-155 added sections to read as follows:

“Sec. 2. Definitions.

“For the purposes of this act:

“(1) ‘Adulterated’ shall have the same meaning as provided in section 402 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1046; 21 U.S.C. § 342) (‘Food, Drug, and Cosmetic Act’).

“(2) ‘Health care facility’ means a hospital, assisted living facility, or nursing home.

“(3) ‘Medical supply’ means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory that is:

“(A) Recognized in the official National Formulary or the United States Pharmacopeia, or any supplement to them;

“(B) Intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease or other conditions; or

“(C) Intended to affect the structure or any function of the body that does not achieve its primary intended purpose through chemical action within or on the body and is not dependent upon being metabolized for the achievement of its primary intended purpose.

“(4) ‘Misbranded’ shall have the same meaning as provided in section 402 of the Food, Drug, and Cosmetic Act ( 21 U.S.C. § 343).

“(5) ‘Pharmaceutical product’ means a drug or biologic for human use regulated by the federal Food and Drug Administration.

“(6) ‘Pharmacy’ means an establishment or institution where the practice of pharmacy is conducted and drugs or prescriptions are compounded or dispensed, offered for sale, given away, or displayed for sale.

“Sec. 3. Donations of unused pharmaceutical products and medical supplies.

“(a) The Mayor may designate a nonprofit organization to accept pharmaceutical products and medical supplies from health care facilities and pharmacies for the relief of earthquake victims in Haiti.

“(b) Notwithstanding any other District law, a District pharmacy or health care facility may donate to the nonprofit organization designated by the Mayor a pharmaceutical product or medical supply, including those donated to the pharmacy or health care facility by a patient, or the patient’s relative following the death of the patient, provided that:

“(1) The pharmaceutical product:

“(A) Is in its original, sealed, and tamper-evident packaging; except, that a pharmaceutical product in a single-unit dose or blister pack with the outside packaging opened may be accepted provided that the single-unit dose packaging remains intact;

“(B) Bears an expiration date that is more than 3 months after the date the pharmaceutical product is donated;

“(C) Has been inspected by a pharmacist and the pharmacist has determined it is not adulterated or misbranded; and

“(D) Is not a controlled substance; and

“(2) The medical supply is inspected by a pharmacist and the pharmacist has determined that the medical supply is not adulterated or misbranded.

“(c) A health care facility or pharmacy that donates a pharmaceutical product or medical supply that receives notice that the pharmaceutical product or medical supply has been recalled shall notify the designated nonprofit organization of the recall.

“(d) If the designated nonprofit organization receives a recall notification from a health care facility or pharmacy, it shall ensure that the recalled pharmaceutical products and medical supplies within its control are destroyed and, if a recalled pharmaceutical product or medical supply has been sent to Haiti, attempt to ensure that the recalled pharmaceutical products and medical supplies sent to Haiti are destroyed

“Sec. 4. Immunity from liability and exemption from disciplinary action. A person, health care facility, pharmacy, or the nonprofit organization designated by the Mayor acting reasonably, in good faith, and within the scope of this act, or any rules issued pursuant to this act, shall be immune from civil liability and criminal prosecution and exempt from disciplinary action for acts and omissions, including injury to or the death of an individual to whom a donated pharmaceutical product or medical supply is provided pursuant to this act.”

Section 6(b) of D.C. Law 18-155 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 1011 of D.C. Law 17-20 provided that subtitle B of title I of the act may be cited as the “Specified Funding Allocations Act of 2007”.

Editor's Notes

Section 4003 of D.C. Law 19-168 provided:

(a) Notwithstanding any other provision of law, the District of Columbia Public Schools may make competitive grants to charitable organizations for fiscal year 2013 as follows:

“(1) An amount of $100,000 for a journalism mentorship program in the District of Columbia Public Schools; and

“(2) An amount of $100,000 for a mathematics literacy program in the District of Columbia Public Schools.

“(b) Notwithstanding 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.), and the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1800.01), the allocations described in subsection (a) of this section shall not be construed to create an obligation to provide additional funding to any local education agency except the District of Columbia Public Schools.”


§ 1–328.02. Grants for planning and planning implementation purposes.

The Mayor may issue grants to individuals and organizations from local revenue, dedicated tax revenue, special purpose revenue, and capital funds in furtherance of the Mayor’s planning mission under § 1-204.23, subject to available appropriations, and subject to the provisions of § 47-368.06.


(Sept. 24, 2010, D.C. Law 18-223, § 2212, 57 DCR 6242; Oct. 8, 2016, D.C. Law 21-160, § 1082, 63 DCR 10775.)

Prior Codifications

2001 Ed., § 1-301.78.

Section References

This section is referenced in § 1-301.78.

Emergency Legislation

For temporary (90 day) addition, see § 2212 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition, see § 402 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).

For temporary (90 day) addition, see § 402 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).

Temporary Legislation

Section 402 of D.C. Law 18-222 added sections to read as follows:

“Sec. 402. Grants for planning and planning implementation purposes. ”The Mayor may issue grants to individuals and organizations in furtherance of the Mayor’s planning mission under section 423 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 792; D.C. Official Code § 1-204.23), subject to appropriations and the provisions of D.C. Official Code § 47-368.06 from:

“(1) Local revenue;

“(2) Dedicated tax revenue;

“(3) Special purpose revenue; and

“(4) Capital funds.”

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 2211 of D.C. Law 18-223 provided that subtitle R of title II of the act may be cited as the “Planning Grant-making Authority Act of 2010”.

Editor's Notes

Section 1082 of D.C. Law 21-160 provided the following: (a) In Fiscal Year 2017, the Director of the Mayor’s Office of Community Affairs (“Director”) shall have grant-making authority for the purpose set forth in subsection (b) of this section. (b)(1) In Fiscal Year 2017, the Director shall award a grant of up to $75,405 to provide housing-related assistance to members of the Caribbean population of the District; provided, that the funds shall be used only for research, reports, and outreach that promote housing initiatives for the Caribbean population of need. (2) Before issuing the grant, the Director shall consult with the Mayor’s Advisory Commission on Caribbean Community Affairs regarding grant solicitation.


§ 1–328.02a. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of § 1-328.02.


(Sept. 24, 2010, D.C. Law 18-223, § 2213, 57 DCR 6242.)

Emergency Legislation

For temporary (90 day) addition, see § 2213 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition, see § 403 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).

For temporary (90 day) addition, see § 403 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).

Temporary Legislation

Section 403 of D.C. Law 18-222 added sections to read as follows:

“Sec. 403. Rules. The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this act.”

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.


§ 1–328.03. Voting rights and statehood grants.

Notwithstanding any other law, the Office of the Secretary of the District of Columbia may issue competitive grants to promote voting rights and statehood in the District of Columbia.


(Sept. 14, 2011, D.C. Law 19-21, § 1072, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition of section, see § 2 of Workforce Job Development Grant-Making Authority Emergency Act of 2012 (D.C. Act 19-300, February 21, 2012, 59 DCR 1667).

For temporary (90 day) addition of section, see § 2 of Workforce Job Development Grant-Making Authority Congressional Review Emergency Act of 2012 (D.C. Act 19-377, May 30, 2012, 59 DCR 6609).

For temporary (90 days) workforce job development grant-making, see § 2 of the Workforce Job Development Grant-Making Authority Congressional Review Emergency Act of 2013 (D.C. Act 20-9, February 20, 2013, 60 DCR 3954, 20 DCSTAT 460).

For temporary (90 days) workforce job development grant-making, see § 2 of the Workforce Job Development Grant-Making Authority Second Congressional Review Emergency Act of 2013 (D.C. Act 20-55, April 22, 2013, 60 DCR 6390, 20 DCSTAT 1403).

Temporary Legislation

Section 2 of D.C. Law 19-130 added a provision to read as follows:

“Sec. 2. Workforce job development grant-making authority.

“(a) The Director of the Department of Employment Services (‘DOES’) may issue grants to individuals and organizations from the funds made available to the DOES pursuant to local appropriations or the federal Workforce Investment Act of 1998, approved August 7, 1998 (112 Stat. 936; 29 U.S.C § 2822), for workforce development purposes, including increasing occupational skills, job retention, employment opportunities, and earnings of the District’s workforce pursuant to:

“(1) Section 2 of the Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3-46; D.C. Official Code § 32-241);

“(2) Section 2a of the Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3-46; D.C. Official Code § 32-242);

“(3) Section 203 of the Way to Work Amendment Act of 2006, effective June 8, 2006 (D.C. Law 16-118; D.C. Official Code § 32-752);

“(4) Sections 2102 and 2103 of the Transitional Employment Program and Apprenticeship Initiative Establishment Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code §§ 32-1331 and 32-1332); and

“(5) Section 11 of the Workforce Investment Implementation Act of 2000, effective July 18, 2000 (D.C. Law 13-150; D.C. Official Code § 32-1610).

“(b) Notwithstanding the provisions of D.C. Official Code § 47-368.06, grants that may be issued pursuant to this section include grants that the Mayor, Director of the DOES, or an agency receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from an agency lacking grant-making authority.

“(c) The Director of the DOES may issue rules to implement the provisions of this act.”

Section 4(b) of D.C. Law 19-130 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 1071 of D.C. Law 19-21 provided that subtitle G of title I of the act may be cited as “Office of the Secretary Limited Grant-Making Authority Act of 2011”.


§ 1–328.04. Deputy Mayor for Planning and Economic Development grant-making authority.

(a) The Deputy Mayor for Planning and Economic Development (“Deputy Mayor”) shall have grant-making authority for the purpose of providing:

(1) Funds in support of the Skyland project;

(2) Commercial revitalization services for properties adjacent to the Skyland project;

(3) Repealed;

(4) Funds for the creation of affordable housing for District residents;

(5) Funds in support of the Retail Priority Areas (Great Streets Initiative) pursuant to subchapter IX-A of Chapter 12 of Title 2.

(6) Funds in support of the redevelopment of the St. Elizabeths East Campus Redevelopment Site, as defined in § 1-325.361; and

(7) Funds in support of the redevelopment of the Walter Reed Redevelopment Site, as defined in § 2-1227.01(17).

(b) The Deputy Mayor may make grants for fiscal year 2013 as follows:

(1) An amount of $100,000 for sector consultants;

(2) An amount of $350,000 for local business promotion;

(3) An amount of $75,000 for regional economic development;

(4) An amount of $50,000 for the Bank on DC program;

(5) An amount of up to $700,000 for the purpose of providing interior tenant improvement assistance to an entity that agrees to operate a table service restaurant at 3220 Pennsylvania Avenue, S.E., also commonly known as the Penn Branch Shopping Center; and

(6) An amount of $800,000 for the purpose of providing assistance to a mixed- use development located in Ward 7, including 100% affordable housing units supporting former Lincoln Heights residents.

(b-1)(1) The Deputy Mayor may make grants for fiscal year 2014 as follows:

(A) An amount of $100,000 for sector consultants;

(B) An amount of $350,000 for local business promotion;

(C) An amount of $75,000 for regional economic development; and

(D) An amount of $50,000 for increasing access to financial services and products to unbanked and under-banked residents.

(2) Grants made pursuant to this subsection shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of this chapter [§ 1-328.11 et seq.].

(c) In addition to the grant-making authority provided in subsection (a)(4) of this section, the Deputy Mayor shall have the authority to issue loans for the creation of affordable housing for District residents.

(d) Notwithstanding § 1-328.13, the Deputy Mayor shall have grant-making authority for the purpose of providing:

(1) Funds as may be necessary to implement projects that are part of the New Communities Initiative, as that term is defined in § 42-2802(b)(11)(B); provided, that such funds are included in the approved operating budget for the New Communities Initiative program or the approved capital budget for the New Communities Initiative project;

(2) Funds to the Washington Convention Center Marketing Fund established by § 10-1202.08a, to supplement funds included in an approved budget for marketing-service contracts pursuant to subsections (e) and (e-1) of that section; and

(3) Funds to the Washington DC Economic Partnership; provided, that such funds are included in an approved budget and designated for the Washington DC Economic Partnership.

(e) In addition to the grant-making authority provided in subsection (d) of this section, the Deputy Mayor shall have the authority to transfer funds to Events DC pursuant to a Memorandum of Agreement or Memorandum of Understanding between the Deputy Mayor and Events DC.

(f) Notwithstanding § 1-328.13, the Deputy Mayor for Planning and Economic Development may make a grant in Fiscal Year 2018 to the African American Civil War Memorial Freedom Foundation, Inc. in an amount not to exceed $500,000 for the purpose of redeveloping the African American Civil War Museum, located at 1925 Vermont Avenue, N.W.


(Sept. 20, 2012, D.C. Law 19-168, § 2032, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 2002(a), 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 2042, 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-168, §§ 2022, 2102, 65 DCR 9388.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 repealed (a)(3); and added (b-1).

Applicability

Section 2103 of D.C. Law 22-168 provided that the changes made to this section by section 2102 of D.C. Law 22-168 shall apply as of July 1, 2018.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2102 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) , see § 2022 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2102 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) , see § 2022 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) requirement that the Office of the Deputy Mayor for Planning and Economic Development award a grant to the Coalition for Nonprofit Housing and Economic Development, see § 2112 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) requirement that the Office of the Deputy Mayor for Planning and Economic Development award a grant to the Coalition for Nonprofit Housing and Economic Development, see § 2112 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2 of the Deputy Mayor Planning and Economic Development Limited Grant-Making Authority Emergency Act of 2013 (D.C. Act 20-48, April 12, 2013, 60 DCR 5770, 20 DCSTAT 1354).

For temporary (90 days) amendment of this section, see § 2 of the Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Congressional Review Emergency Act of 2013 (D.C. Act 20-132, July 30, 2013, 60 DCR 11529, 20 DCSTAT 1971).

For temporary (90 days) amendment of this section, see § 2002(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 2002(a) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Deputy Mayor Planning and Economic Development Limited Grant-Making Authority Temporary Amendment Act of 2013 (D.C. Law 20-12, July 13, 2013, 60 DCR 7238, 20 DCSTAT 1759).

Short Title

Section 2001 of D.C. Law 20-61 provided that Subtitle A of Title II of the act may be cited as the “Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Amendment Act of 2013”.

Editor's Notes

For a requirement that the Office of the Deputy Mayor for Planning and Economic Development award a grant to the Coalition for Nonprofit Housing and Economic Development, see section 2112 of D.C. Law 22-33.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 1–328.05. Workforce job development grant-making authority.

(a) The Director of the Department of Employment Services (“DOES”) may issue grants in accordance with applicable federal and District law to individuals and organizations from the funds made available to the DOES pursuant to local appropriations or, in coordination with the Workforce Investment Council, pursuant to the federal Workforce Investment Act of 1998, approved August 7, 1998 (112 Stat. 936; 29 U.S.C § 2822), for workforce development purposes, including increasing occupational skills, job retention, employment opportunities, and earnings of the District’s workforce pursuant to:

(1) Section 32-241;

(2) Section 32-242;

(3) Section 32-752;

(4) Sections 32-1331 and 32-1332; and

(5) Section 32-1610.

(b) Notwithstanding the provisions of § 47-368.06, grants that may be issued pursuant to this section include grants that the Mayor, Director of the DOES, or an agency receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from an agency lacking grant-making authority.

(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this section.

(d) By July 30, 2013, the Director of DOES shall submit to the Council a report providing an analysis of, and corrective actions for any problems pertaining to, the following issues related to contracting and procurement processing with DOES:

(1) The procedures through which DOES processes and issues grants;

(2) The average timeframe in which a contract is processed; and

(3) The common delays to grant issuance.


(Apr. 23, 2013, D.C. Law 19-269, § 2, 60 DCR 2136; Mar. 9, 2016, D.C. Law 21-80, § 2(a), 63 DCR 766.)

Effect of Amendments

The 2016 amendment by D.C. Law 21-80 substituted “may issue grants in accordance with applicable federal and District law” for “may issue competitive grants” in the introductory language of (a).

Emergency Legislation

For temporary (90 days) addition of this section, see § 2 of the Workforce Job Development Grant-Making Authority Second Congressional Review Emergency Act of 2013 (D.C. Act 20-55, April 22, 2013, 60 DCR 6390, 20 DCSTAT 1403).

For temporary (90 days) repeal of D.C. Law 19-269, § 3 (sunset provision), see § 2 of the Workforce Job Development Grant-Making Reauthorization Emergency Amendment Act of 2015 (D.C. Act 21-52, May 6, 2015, 62 DCR 5948, 21 DCSTAT 1427).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 19-269, § 3 (sunset provision), see § 2 of the Workforce Job Development Grant-Making Reauthorization Temporary Amendment Act of 2015 (D.C. Law 21-16, July 22, 2015, 62 DCR 6874).

Editor's Notes

Sunset provision: Section 3 of D.C. Law 19-269 provided that the act shall sunset 2 years after April 23, 2013.

Sunset provision repealed: Section 2(b) of D.C. Law 21-80 repealed D.C. Law 19-269, § 3.