ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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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 Councils 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 2022.
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
individuals or employing units 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 Councilmembers 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
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(III) Complied with both sub-subparagraph (I) and (II) of
this subparagraph if 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 individuals 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 confidential UC information provided in 20 CFR 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 Councilmembers 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
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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 recipients 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.
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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