D.C. Law 24-91. Constituent Unemployment Compensation Information Temporary Amendment Act of 2021.

AN ACT

To amend, on a temporary basis, the District of Columbia Unemployment Compensation Act to require the Department of Employment Services to promptly disclose unemployment insurance claim data to the Council upon request in connection with the Council's official duties when certain conditions have been met.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Constituent Unemployment Compensation Information Temporary Amendment Act of 2021".

Sec. 2. Section 113(f) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat 953; D.C. Official Code § 51-113(f)), is amended to read as follows:

"(f)(1) Except as hereinafter otherwise provided, information obtained from any employing unit or individual pursuant to the administration of this Act and determinations as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner, whether by subpoena or otherwise, revealing the individual's or employing unit's identity. Any claimant (or his or her legal representative) shall be supplied with information from the records of the division, to the extent necessary for the proper presentation of his claim in any proceeding under this Act with respect thereto.

"(2)(A) The Director shall promptly disclose information otherwise protected pursuant to paragraph (1) of this subsection upon the request of a Councilmember for use in the performance of the Councilmember's official duties, including conducting all aspects of program and agency oversight and constituent services, when:

"(i) If the information is confidential unemployment compensation information, the Councilmember has:

"(I) If the Councilmember is performing constituent services, provided the Director with reasonable evidence that the individual or employing unit has authorized such disclosure to the Councilmember and, if the disclosure is to be ongoing and a release pursuant to 20 CFR § 603.5(d)(2) is required, executed such a release;

"(II) Executed an agreement with the Director as required by 20 CFR §§ 603.09 and 603.10; or

"(III) Complied with both sub-subparagraph (I) and (II) of this subparagraph if so required by applicable federal law or regulation; or

"(ii) The request for information, including whether the agency has received an initial application, processed an initial application or weekly certification form, or made a determination as to the individual's own eligibility, would not require the Director to disclose confidential unemployment compensation information about the individual or employing unit that the individual or employing unit has not already provided to the Councilmember.

"(B) For the purposes of subparagraph (A)(i) of this paragraph, reasonable evidence that an individual or employing unit has authorized disclosure of their confidential unemployment compensation information to a Councilmember shall include:

"(i) A written request from the individual or employing unit for assistance from the Councilmember; or

"(ii) A contemporaneous written record of a request for assistance from an individual or employing unit that the Councilmember who received the request made, which states the medium (telephone, virtual meeting platform, or in-person meeting) the individual or employing unit used to communicate the request and the date and approximate time of the request.

"(C) For the purposes of this paragraph, the term:

"(i) "Confidential unemployment compensation information" shall have the same meaning as the term "confidential UC information" provided in 20 C.F.R. § 603.2(b).

"(ii) "Councilmember" includes, to the extent permitted by applicable federal law or regulation, a Council employee or a non-governmental agent or contractor whom the Councilmember has designated to act on behalf of the Councilmember for the purposes of performing the Councilmember's official duties related to this Act;

"(3) Subject to such restrictions as the Director may by regulation prescribe, the information protected pursuant to paragraph (1) of this subsection may be made available to any agency of this or any other state or any federal agency charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, or the agency of any state or the federal agency charged with the administration of programs for food stamps, parent locator services and other support or paternity establishment services, public housing, Medicaid, Temporary Assistance for Needy Families, Program on Work, Employment, and Responsibility, and supplemental security income, or the Department of Public Welfare of the government of any state, or the National Directory of New Hires established pursuant to section 316(f) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, approved August 22, 1996 (110 Stat. 2209, 42 U.S.C. § 653a), or any District of Columbia State Directory of New Hires established pursuant to section 313(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, or the United States Accounting Office or the Internal Revenue Service of the United States Department of the Treasury, or the District of Columbia Office of Tax and Revenue, and information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service. Upon request therefor, the Director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this Act. The Director may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this Act and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in § 1606(c) of the federal Internal Revenue Code.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director 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. 4. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

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