[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2607 Enrolled Bill (ENR)]
H.R.2607
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
Making appropriations for the government of the District of Columbia and
other activities chargeable in whole or in part against the revenues of
said District for the fiscal year ending September 30, 1998, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the District of Columbia for the fiscal year ending
September 30, 1998, and for other purposes, namely:
TITLE I--FISCAL YEAR 1998 APPROPRIATIONS
FEDERAL FUNDS
Federal Payment for Management Reform
For payment to the District of Columbia, as authorized by section
11103(c) of the National Capital Revitalization and Self-Government
Improvement Act of 1997, Public Law 105-33, $8,000,000, to remain
available until September 30, 1999, which shall be deposited into an
escrow account of the District of Columbia Financial Responsibility and
Management Assistance Authority and shall be disbursed from such escrow
account pursuant to the instructions of the Authority only for a
program of management reform pursuant to sections 11101-11106 of the
District of Columbia Management Reform Act of 1997, Public Law 105-33.
Federal Contribution to the Operations of the Nation's Capital
For a Federal contribution to the District of Columbia toward the
costs of the operation of the government of the District of Columbia,
$190,000,000, which shall be deposited into an escrow account held by
the District of Columbia Financial Responsibility and Management
Assistance Authority, which shall allocate the funds to the Mayor at
such intervals and in accordance with such terms and conditions as it
considers appropriate to implement the financial plan for the year:
Provided, That these funds may be used by the District of Columbia for
the costs of advances to the District government as authorized by
section 11402 of the National Capital Revitalization and Self-
Government Improvement Act of 1997, Public Law 105-33: Provided
further, That not less than $30,000,000 shall be used by the District
of Columbia to repay the accumulated general fund deficit.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For payment to the District of Columbia Corrections Trustee,
$169,000,000 for the administration and operation of correctional
facilities and for the administrative operating costs of the Office of
the Corrections Trustee, as authorized by section 11202 of the National
Capital Revitalization and Self-Government Improvement Act of 1997,
Public Law 105-33.
Federal Payment to the District of Columbia Corrections Trustee for
Correctional Facilities, Construction and Repair
For payment to the District of Columbia Corrections Trustee for
Correctional Facilities, $302,000,000, to remain available until
expended, of which not less than $294,900,000 is available for transfer
to the Federal Prison System, as authorized by section 11202 of the
National Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33.
Federal Payment to the District of Columbia
Criminal Justice System
(Including Transfer of Funds)
Notwithstanding any other provision of law, $108,000,000 for
payment to the Joint Committee on Judicial Administration in the
District of Columbia for operation of the District of Columbia Courts,
including pension costs: Provided, That said sums shall be paid
quarterly by the Treasury of the United States based on quarterly
apportionments approved by the Office of Management and Budget, with
payroll and financial services to be provided on a contractual basis
with the General Services Administration, said services to include the
preparation and submission of monthly financial reports to the
President and to the Committees on Appropriations of the Senate and
House of Representatives, the Committee on Governmental Affairs of the
Senate, and the Committee on Government Reform and Oversight of the
House of Representatives; of which not to exceed $750,000 shall be
available for establishment and operations of the District of Columbia
Truth in Sentencing Commission as authorized by section 11211 of the
National Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33.
Notwithstanding any other provision of law, for an additional
amount, $43,000,000, for payment to the Offender Supervision Trustee to
be available only for obligation by the Offender Supervision Trustee;
of which $26,855,000 shall be available for Parole, Adult Probation and
Offender Supervision; of which $9,000,000 shall be available to the
Public Defender Service; of which $6,345,000 shall be available to the
Pretrial Services Agency; and of which not to exceed $800,000 shall be
transferred to the United States Parole Commission to implement section
11231 of the National Capital Revitalization and Self-Government
Improvement Act of 1997, Public Law 105-33.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided.
Governmental Direction and Support
Governmental direction and support, $105,177,000 (including
$84,316,000 from local funds, $14,013,000 from Federal funds, and
$6,848,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the City Administrator shall be available from
this appropriation for official purposes: Provided further, That any
program fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the District
of Columbia: Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the Statehood
Commission and Statehood Compact Commission: Provided further, That the
District of Columbia shall identify the sources of funding for
Admission to Statehood from its own locally generated revenues:
Provided further, That $240,000 shall be available for citywide special
elections: Provided further, That all employees permanently assigned to
work in the Office of the Mayor shall be paid from funds allocated to
the Office of the Mayor.
Economic Development and Regulation
Economic development and regulation, $120,072,000 (including
$40,377,000 from local funds, $42,065,000 from Federal funds, and
$37,630,000 from other funds), together with $12,000,000 collected in
the form of BID tax revenue collected by the District of Columbia on
behalf of business improvement districts pursuant to the Business
Improvement Districts Act of 1996, effective May 29, 1996 (D.C. Law 11-
134; D.C. Code, sec. 1-2271 et seq.), and the Business Improvement
Districts Temporary Amendment Act of 1997 (Bill 12-230).
Public Safety and Justice
Public safety and justice, including purchase or lease of 135
passenger-carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the
general purchase price limitation for the current fiscal year,
$529,739,000 (including $510,326,000 from local funds, $13,519,000 from
Federal funds, and $5,894,000 from other funds): Provided, That the
Metropolitan Police Department is authorized to replace not to exceed
25 passenger-carrying vehicles and the Department of Fire and Emergency
Medical Services of the District of Columbia is authorized to replace
not to exceed five passenger-carrying vehicles annually whenever the
cost of repair to any damaged vehicle exceeds three-fourths of the cost
of the replacement: Provided further, That not to exceed $500,000 shall
be available from this appropriation for the Chief of Police for the
prevention and detection of crime: Provided further, That the
Metropolitan Police Department shall provide quarterly reports to the
Committees on Appropriations of the House and Senate on efforts to
increase efficiency and improve the professionalism in the department:
Provided further, That notwithstanding any other provision of law, or
Mayor's Order 86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority shall be $500,000:
Provided further, That the District of Columbia government may not
require the Metropolitan Police Department to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000:
Provided further, That the Mayor shall reimburse the District of
Columbia National Guard for expenses incurred in connection with
services that are performed in emergencies by the National Guard in a
militia status and are requested by the Mayor, in amounts that shall be
jointly determined and certified as due and payable for these services
by the Mayor and the Commanding General of the District of Columbia
National Guard: Provided further, That such sums as may be necessary
for reimbursement to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment in
advance for emergency services involved: Provided further, That the
Metropolitan Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided further, That
no more than 15 members of the Metropolitan Police Department shall be
detailed or assigned to the Executive Protection Unit, until the Chief
of Police submits a recommendation to the Council for its review:
Provided further, That $100,000 shall be available for inmates released
on medical and geriatric parole: Provided further, That not less than
$2,254,754 shall be available to support a pay raise for uniformed
firefighters, when authorized by the District of Columbia Council and
the District of Columbia Financial Responsibility and Management
Assistance Authority, which funding will be made available as savings
achieved through actions within the appropriated budget: Provided
further, That, commencing on December 31, 1997, the Metropolitan Police
Department shall provide to the Committees on Appropriations of the
Senate and House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform and
Oversight of the House of Representatives, quarterly reports on the
status of crime reduction in each of the 83 police service areas
established throughout the District of Columbia: Provided further, That
funds appropriated for expenses under the District of Columbia Criminal
Justice Act, approved September 3, 1974 (88 Stat. 1090; Public Law 93-
412; D.C. Code, sec. 11-2601 et seq.), for the fiscal year ending
September 30, 1998, shall be available for obligations incurred under
the Act in each fiscal year since inception in fiscal year 1975:
Provided further, That funds appropriated for expenses under the
District of Columbia Neglect Representation Equity Act of 1984,
effective March 13, 1985 (D.C. Law 5-129; D.C. Code, sec. 16-2304), for
the fiscal year ending September 30, 1998, shall be available for
obligations incurred under the Act in each fiscal year since inception
in fiscal year 1985: Provided further, That funds appropriated for
expenses under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986, effective
February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060), for the
fiscal year ending September 30, 1998, shall be available for
obligations incurred under the Act in each fiscal year since inception
in fiscal year 1989.
Public Education System
Public education system, including the development of national
defense education programs, $672,444,000 (including $530,197,000 from
local funds, $112,806,000 from Federal funds, and $29,441,000 from
other funds), to be allocated as follows: $564,129,000 (including
$460,143,000 from local funds, $98,491,000 from Federal funds, and
$5,495,000 from other funds), for the public schools of the District of
Columbia; $8,900,000 from local funds for the District of Columbia
Teachers' Retirement Fund; $3,376,000 from local funds (not including
funds already made available for District of Columbia public schools)
for public charter schools: Provided, That if the entirety of this
allocation has not been provided as payments to any public charter
schools currently in operation through the per pupil funding formula,
the funds shall be available for new public charter schools on a per
pupil basis: Provided further, That $400,000 be available to the
District of Columbia Public Charter School Board for administrative
costs: Provided further, That if the entirety of this allocation has
not been provided as payment to one or more public charter schools by
May 1, 1998, and remains unallocated, the funds shall be deposited into
a special revolving loan fund described in section 172 of this Act to
be used solely to assist existing or new public charter schools in
meeting startup and operating costs: Provided further, That the
Emergency Transitional Education Board of Trustees of the District of
Columbia shall report to Congress not later than 120 days after the
date of enactment of this Act on the capital needs of each public
charter school and whether the current per pupil funding formula should
reflect these needs: Provided further, That until the Emergency
Transitional Education Board of Trustees reports to Congress as
provided in the preceding proviso, the Emergency Transitional Education
Board of Trustees shall take appropriate steps to provide public
charter schools with assistance to meet capital expenses in a manner
that is equitable with respect to assistance provided to other District
of Columbia public schools: Provided further, That the Emergency
Transitional Education Board of Trustees shall report to Congress not
later than November 1, 1998, on the implementation of their policy to
give preference to newly created District of Columbia public charter
schools for surplus public school property; $74,087,000 (including
$37,791,000 from local funds, $12,804,000 from Federal funds, and
$23,492,000 from other funds) for the University of the District of
Columbia; $22,036,000 (including $20,424,000 from local funds,
$1,158,000 from Federal funds, and $454,000 from other funds) for the
Public Library; $2,057,000 (including $1,704,000 from local funds and
$353,000 from Federal funds) for the Commission on the Arts and
Humanities: Provided further, That the public schools of the District
of Columbia are authorized to accept not to exceed 31 motor vehicles
for exclusive use in the driver education program: Provided further,
That not to exceed $2,500 for the Superintendent of Schools, $2,500 for
the President of the University of the District of Columbia, and $2,000
for the Public Librarian shall be available from this appropriation for
official purposes: Provided further, That not less than $1,200,000
shall be available for local school allotments in a restricted line
item: Provided further, That not less than $4,500,000 shall be
available to support kindergarten aides in a restricted line item:
Provided further, That not less than $2,800,000 shall be available to
support substitute teachers in a restricted line item: Provided
further, That not less than $1,788,000 shall be available in a
restricted line item for school counselors: Provided further, That this
appropriation shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University of the
District of Columbia, unless the Board of Trustees of the University of
the District of Columbia adopts, for the fiscal year ending September
30, 1998, a tuition rate schedule that will establish the tuition rate
for nonresident students at a level no lower than the nonresident
tuition rate charged at comparable public institutions of higher
education in the metropolitan area.
Human Support Services
Human support services, $1,718,939,000 (including $789,350,000 from
local funds, $886,702,000 from Federal funds, and $42,887,000 from
other funds): Provided, That $21,089,000 of this appropriation, to
remain available until expended, shall be available solely for District
of Columbia employees' disability compensation: Provided further, That
a peer review committee shall be established to review medical payments
and the type of service received by a disability compensation claimant:
Provided further, That the District of Columbia shall not provide free
government services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar services to any
legally constituted private nonprofit organization (as defined in
section 411(5) of Public Law 100-77, approved July 22, 1987) providing
emergency shelter services in the District, if the District would not
be qualified to receive reimbursement pursuant to the Stewart B.
McKinney Homeless Assistance Act, approved July 22, 1987 (101 Stat.
485; Public Law 100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle
for use by the Mayor and three passenger-carrying vehicles for use by
the Council of the District of Columbia and leasing of passenger-
carrying vehicles, $241,934,000 (including $227,983,000 from local
funds, $3,350,000 from Federal funds, and $10,601,000 from other
funds): Provided, That this appropriation shall not be available for
collecting ashes or miscellaneous refuse from hotels and places of
business: Provided further, That $3,000,000 shall be available for the
lease financing, operation, and maintenance of two mechanical street
sweepers, one flusher truck, five packer trucks, one front-end loader,
and various public litter containers: Provided further, That $2,400,000
shall be available for recycling activities.
Financing and Other Uses
Financing and other uses, $454,773,000 (including for payment to
the Washington Convention Center, $5,400,000 from local funds;
reimbursement to the United States of funds loaned in compliance with
An Act to provide for the establishment of a modern, adequate, and
efficient hospital center in the District of Columbia, approved August
7, 1946 (60 Stat. 896; Public Law 79-648); section 1 of An Act to
authorize the Commissioners of the District of Columbia to borrow funds
for capital improvement programs and to amend provisions of law
relating to Federal Government participation in meeting costs of
maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat.
183; Public Law 85-451; D.C. Code, sec. 9-219); section 4 of An Act to
authorize the Commissioners of the District of Columbia to plan,
construct, operate, and maintain a sanitary sewer to connect the Dulles
International Airport with the District of Columbia system, approved
June 12, 1960 (74 Stat. 211; Public Law 86-515); and sections 723 and
743(f) of the District of Columbia Home Rule Act of 1973, approved
December 24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C.
Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131; D.C. Code,
sec. 9-219, note), including interest as required thereby, $384,430,000
from local funds; for the purpose of eliminating the $331,589,000
general fund accumulated deficit as of September 30, 1990, $39,020,000
from local funds, as authorized by section 461(a) of the District of
Columbia Home Rule Act, approved December 24, 1973, as amended (105
Stat. 540; Public Law 102-106; D.C. Code, sec. 47-321(a)(1); for
payment of interest on short-term borrowing, $12,000,000 from local
funds; for lease payments in accordance with the Certificates of
Participation involving the land site underlying the building located
at One Judiciary Square, $7,923,000 from local funds; for human
resources development, including costs of increased employee training,
administrative reforms, and an executive compensation system,
$6,000,000 from local funds); for equipment leases, the Mayor may
finance $13,127,000 of equipment cost, plus cost of issuance not to
exceed two percent of the par amount being financed on a lease purchase
basis with a maturity not to exceed five years: Provided, That $75,000
is allocated to the Department of Corrections, $8,000,000 for the
Public Schools, $50,000 for the Public Library, $260,000 for the
Department of Human Services, $244,000 for the Department of Recreation
and Parks, and $4,498,000 for the Department of Public Works.
ENTERPRISE FUNDS
Enterprise and Other Uses
Enterprise and other uses, $15,725,000 (including for the Cable
Television Enterprise Fund, established by the Cable Television
Communications Act of 1981, effective October 22, 1983 (D.C. Law 5-36;
D.C. Code, sec. 43-1801 et seq.), $2,467,000 (including $2,135,000 from
local funds and $332,000 from other funds); for the Public Service
Commission, $4,547,000 (including $4,250,000 from local funds, $117,000
from Federal funds, and $180,000 from other funds); for the Office of
the People's Counsel, $2,428,000 from local funds; for the Office of
Banking and Financial Institutions, $600,000 (including $100,000 from
local funds and $500,000 from other funds); for the Department of
Insurance and Securities Regulation, $5,683,000 from other funds).
Water and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington Aqueduct,
$297,310,000 from other funds (including $263,425,000 for the Water and
Sewer Authority and $33,885,000 for the Washington Aqueduct) of which
$41,423,000 shall be apportioned and payable to the District's debt
service fund for repayment of loans and interest incurred for capital
improvement projects.
Lottery and Charitable Games Control Board
For the Lottery and Charitable Games Control Board, established by
the District of Columbia Appropriation Act for the fiscal year ending
September 30, 1982, approved December 4, 1981 (95 Stat. 1174, 1175;
Public Law 97-91), as amended, for the purpose of implementing the Law
to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective March 10,
1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-1516 et
seq.), $213,500,000: Provided, That the District of Columbia shall
identify the source of funding for this appropriation title from the
District's own locally generated revenues: Provided further, That no
revenues from Federal sources shall be used to support the operations
or activities of the Lottery and Charitable Games Control Board.
Starplex Fund
For the Starplex Fund, $5,936,000 from other funds for expenses
incurred by the Armory Board in the exercise of its powers granted by
An Act To Establish A District of Columbia Armory Board, and for other
purposes, approved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2-301 et
seq.) and the District of Columbia Stadium Act of 1957, approved
September 7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-
321 et seq.): Provided, That the Mayor shall submit a budget for the
Armory Board for the forthcoming fiscal year as required by section
442(b) of the District of Columbia Home Rule Act, approved December 24,
1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established by
Reorganization Order No. 57 of the Board of Commissioners, effective
August 15, 1953, $97,019,000, of which $44,335,000 shall be derived by
transfer from the general fund and $52,684,000 shall be derived from
other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121 of the
District of Columbia Retirement Reform Act of 1979, approved November
17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $16,762,000 from the
earnings of the applicable retirement funds to pay legal, management,
investment, and other fees and administrative expenses of the District
of Columbia Retirement Board: Provided, That the District of Columbia
Retirement Board shall provide to the Congress and to the Council of
the District of Columbia a quarterly report of the allocations of
charges by fund and of expenditures of all funds: Provided further,
That the District of Columbia Retirement Board shall provide the Mayor,
for transmittal to the Council of the District of Columbia, an itemized
accounting of the planned use of appropriated funds in time for each
annual budget submission and the actual use of such funds in time for
each annual audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District
of Columbia Correctional Industries Establishment Act, approved October
3, 1964 (78 Stat. 1000; Public Law 88-622), $3,332,000 from other
funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $46,400,000,
of which $5,400,000 shall be derived by transfer from the general fund.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and
Management Assistance Authority, established by section 101(a) of the
District of Columbia Financial Responsibility and Management Assistance
Act of 1995, approved April 17, 1995 (109 Stat. 97; Public Law 104-8),
$3,220,000.
Capital Outlay
For construction projects, $269,330,000 (including $31,100,000 for
the highway trust fund, $105,485,000 from local funds, and $132,745,000
in Federal funds), to remain available until expended: Provided, That
funds for use of each capital project implementing agency shall be
managed and controlled in accordance with all procedures and
limitations established under the Financial Management System: Provided
further, That all funds provided by this appropriation title shall be
available only for the specific projects and purposes intended:
Provided further, That notwithstanding the foregoing, all
authorizations for capital outlay projects, except those projects
covered by the first sentence of section 23(a) of the Federal-Aid
Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public Law
90-495; D.C. Code, sec. 7-134, note), for which funds are provided by
this appropriation title, shall expire on September 30, 1999, except
authorizations for projects as to which funds have been obligated in
whole or in part prior to September 30, 1999: Provided further, That,
upon expiration of any such project authorization, the funds provided
herein for the project shall lapse.
Deficit Reduction and Revitalization
For deficit reduction and revitalization, $201,090,000, to be
deposited into an escrow account held by the District of Columbia
Financial Responsibility and Management Assistance Authority (hereafter
in this section referred to as ``Authority''), which shall allocate the
funds to the Mayor, or such other District official as the Authority
may deem appropriate, at such intervals and in accordance with such
terms and conditions as the Authority considers appropriate: Provided,
That these funds shall only be used for reduction of the accumulated
general fund deficit; capital expenditures, including debt service; and
management and productivity improvements, as allocated by the
Authority: Provided further, That no funds may be obligated until a
plan for their use is approved by the Authority: Provided further, That
the Authority shall inform the Committees on Appropriations of the
Senate and House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform and
Oversight of the House of Representatives of the approved plans.
GENERAL PROVISIONS
Section 101. The expenditure of any appropriation under this Act
for any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall be
audited before payment by the designated certifying official and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this Act an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned automobiles
and motorcycles used for the performance of official duties at rates
established by the Mayor: Provided, That such rates shall not exceed
the maximum prevailing rates for such vehicles as prescribed in the
Federal Property Management Regulations 101-7 (Federal Travel
Regulations).
Sec. 105. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor: Provided, That the Council of the District of
Columbia and the District of Columbia Courts may expend such funds
without authorization by the Mayor.
Sec. 106. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District of Columbia
Income and Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat.
78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement of
section 544 of the District of Columbia Public Assistance Act of 1982,
effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and
for the non-Federal share of funds necessary to qualify for Federal
assistance under the Juvenile Delinquency Prevention and Control Act of
1968, approved July 31, 1968 (82 Stat. 462; Public Law 90-445; 42
U.S.C. 3801 et seq.).
Sec. 108. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be
used to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and Oversight, the
Subcommittee on Oversight of Government Management, Restructuring and
the District of Columbia of the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or their duly
authorized representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977,
effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et
seq.).
Sec. 112. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including
boycott designed to support or defeat legislation pending before
Congress or any State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowings and spending progress
compared with projections.
Sec. 114. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed for
capital projects for the operating expenses of the District of Columbia
government.
Sec. 116. None of the funds appropriated by this Act may be
obligated or expended by reprogramming except pursuant to advance
approval of the reprogramming granted according to the procedure set
forth in the Joint Explanatory Statement of the Committee of Conference
(House Report No. 96-443), which accompanied the District of Columbia
Appropriation Act, 1980, approved October 30, 1979 (93 Stat. 713;
Public Law 96-93), as modified in House Report No. 98-265, and in
accordance with the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et seq.):
Provided, That for the fiscal year ending September 30, 1998 the above
shall apply except as modified by Public Law 104-8.
Sec. 117. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of the District of
Columbia.
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in
the Automobile Fuel Efficiency Act of 1980, approved October 10, 1980
(94 Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an
Environmental Protection Agency estimated miles per gallon average of
less than 22 miles per gallon: Provided, That this section shall not
apply to security, emergency rescue, or armored vehicles.
Sec. 119. (a) Notwithstanding section 422(7) of the District of
Columbia Home Rule Act of 1973, approved December 24, 1973 (87 Stat.
790; Public Law 93-198; D.C. Code, sec. 1-242(7)), the City
Administrator shall be paid, during any fiscal year, a salary at a rate
established by the Mayor, not to exceed the rate established for level
IV of the Executive Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting the
availability of funds for payment of salary or pay in any fiscal year,
the highest rate of pay established by the Mayor under subsection (a)
of this section for any position for any period during the last quarter
of calendar year 1997 shall be deemed to be the rate of pay payable for
that position for September 30, 1997.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793;
Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of
the District of Columbia Redevelopment Land Agency shall be paid,
during any fiscal year, per diem compensation at a rate established by
the Mayor.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Home Rule Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall
apply with respect to the compensation of District of Columbia
employees: Provided, That for pay purposes, employees of the District
of Columbia government shall not be subject to the provisions of title
5, United States Code.
Sec. 121. The Director of the Department of Administrative Services
may pay rentals and repair, alter, and improve rented premises, without
regard to the provisions of section 322 of the Economy Act of 1932
(Public Law 72-212; 40 U.S.C. 278a), based upon a determination by the
Director that, by reason of circumstances set forth in such
determination, the payment of these rents and the execution of this
work, without reference to the limitations of section 322, is
advantageous to the District in terms of economy, efficiency, and the
District's best interest.
Sec. 122. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 1998, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 1998 revenue estimates as of the end of the first
quarter of fiscal year 1998. These estimates shall be used in the
budget request for the fiscal year ending September 30, 1999. The
officially revised estimates at midyear shall be used for the midyear
report.
Sec. 123. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth
in section 303 of the District of Columbia Procurement Practices Act of
1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-
1183.3), except that the District of Columbia government or any agency
thereof may renew or extend sole source contracts for which competition
is not feasible or practical: Provided, That the determination as to
whether to invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and said
determination has been reviewed and approved by the District of
Columbia Financial Responsibility and Management Assistance Authority.
Sec. 124. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public
Law 99-177), as amended, the term ``program, project, and activity''
shall be synonymous with and refer specifically to each account
appropriating Federal funds in this Act, and any sequestration order
shall be applied to each of the accounts rather than to the aggregate
total of those accounts: Provided, That sequestration orders shall not
be applied to any account that is specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit Control Act
of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177),
as amended.
Sec. 125. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985, approved
December 12, 1985 (99 Stat. 1037; Public Law 99-177), as amended, after
the amounts appropriated to the District of Columbia for the fiscal
year involved have been paid to the District of Columbia, the Mayor of
the District of Columbia shall pay to the Secretary of the Treasury,
within 15 days after receipt of a request therefor from the Secretary
of the Treasury, such amounts as are sequestered by the order:
Provided, That the sequestration percentage specified in the order
shall be applied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Deficit Control Act
of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177),
as amended.
Sec. 126. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 1998 if--
(1) the Mayor approves the acceptance and use of the gift or
donation: Provided, That the Council of the District of Columbia
may accept and use gifts without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under subsection (a) of this section, and shall make such
records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of the
District of Columbia government'' includes an independent agency of the
District of Columbia.
(d) This section shall not apply to the District of Columbia Board
of Education, which may, pursuant to the laws and regulations of the
District of Columbia, accept and use gifts to the public schools
without prior approval by the Mayor.
Sec. 127. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).
Sec. 128. The University of the District of Columbia shall submit
to the Congress, the Mayor, the District of Columbia Financial
Responsibility and Management Assistance Authority, and the Council of
the District of Columbia no later than fifteen (15) calendar days after
the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure
projections versus budget broken out on the basis of control
center, responsibility center, and object class, and for all funds,
non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen and the
amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget to
which the contract is charged, broken out on the basis of control
center and responsibility center, and contract identifying codes
used by the University of the District of Columbia; payments made
in the last month and year-to-date, the total amount of the
contract and total payments made for the contract and any
modifications, extensions, renewals; and specific modifications
made to each contract in the last month;
(4) all reprogramming requests and reports that have been made
by the University of the District of Columbia within the last month
in compliance with applicable law; and
(5) changes made in the last month to the organizational
structure of the University of the District of Columbia, displaying
previous and current control centers and responsibility centers,
the names of the organizational entities that have been changed,
the name of the staff member supervising each entity affected, and
the reasons for the structural change.
Sec. 129. Funds authorized or previously appropriated to the
government of the District of Columbia by this or any other Act to
procure the necessary hardware and installation of new software,
conversion, testing, and training to improve or replace its financial
management system are also available for the acquisition of accounting
and financial management services and the leasing of necessary
hardware, software or any other related goods or services, as
determined by the District of Columbia Financial Responsibility and
Management Assistance Authority.
Sec. 130. Section 456 of the District of Columbia Home Rule Act of
1973, approved December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C.
Code, secs. 47-231 et seq.) is amended--
(1) in subsection (a)(1), by--
(A) striking ``1995'' and inserting ``1998'';
(B) striking ``Mayor'' and inserting ``District of Columbia
Financial Responsibility and Management Assistance Authority'';
and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(2) in subsection (b)(1), by--
(A) striking ``1997'' and inserting ``1999'';
(B) striking ``Mayor'' and inserting ``Authority''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(3) in subsection (b)(3), by striking ``Committee on the
District of Columbia'' and inserting ``Committee on Government
Reform and Oversight'';
(4) in subsection (c)(1), by--
(A) striking ``1995'' and inserting ``1997'';
(B) striking ``Mayor'' and inserting ``Chief Financial
Officer''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(5) in subsection (c)(2)(A), by--
(A) striking ``1997'' and inserting ``1999'';
(B) striking ``Mayor'' and inserting ``Chief Financial
Officer''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight'';
(6) in subsection (c)(2)(B), by striking ``Committee on the
District of Columbia'' and inserting ``Committee on Government
Reform and Oversight''; and
(7) in subsection (d)(1), by--
(A) striking ``1994'' and inserting ``1997'';
(B) striking ``Mayor'' and inserting ``Chief Financial
Officer''; and
(C) striking ``Committee on the District of Columbia'' and
inserting ``Committee on Government Reform and Oversight''.
Sec. 131. For purposes of the appointment of the head of a
department of the government of the District of Columbia under section
11105(a) of the National Capital Revitalization and Self-Improvement
Act of 1997, Public Law 105-33, the following rules shall apply:
(1) After the Mayor notifies the Council under paragraph
(1)(A)(ii) of such section of the nomination of an individual for
appointment, the Council shall meet to determine whether to confirm
or reject the nomination.
(2) If the Council fails to confirm or reject the nomination
during the 7-day period described in paragraph (1)(A)(iii) of such
section, the Council shall be deemed to have confirmed the
nomination.
(3) For purposes of paragraph (1)(B) of such section, if the
Council does not confirm a nomination (or is not deemed to have
confirmed a nomination) during the 30-day period described in such
paragraph, the Mayor shall be deemed to have failed to nominate an
individual during such period to fill the vacancy in the position
of the head of the department.
Sec. 132. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 133. None of the funds made available in this Act may be used
to implement or enforce the Health Care Benefits Expansion Act of 1992
(D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise
implement or enforce any system of registration of unmarried,
cohabiting couples (whether homosexual, heterosexual, or lesbian),
including but not limited to registration for the purpose of extending
employment, health, or governmental benefits to such couples on the
same basis as such benefits are extended to legally married couples.
Sec. 134. The Emergency Transitional Education Board of Trustees
shall submit to the Congress, the Mayor, the District of Columbia
Financial Responsibility and Management Assistance Authority, and the
Council of the District of Columbia no later than fifteen (15) calendar
days after the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure
projections versus budget broken out on the basis of control
center, responsibility center, agency reporting code, and object
class, and for all funds, including capital financing;
(2) a list of each account for which spending is frozen and the
amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting code,
and for all funding sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget to
which the contract is charged, broken out on the basis of control
center, responsibility center, and agency reporting code; and
contract identifying codes used by the D.C. Public Schools;
payments made in the last month and year-to-date, the total amount
of the contract and total payments made for the contract and any
modifications, extensions, renewals; and specific modifications
made to each contract in the last month;
(4) all reprogramming requests and reports that are required to
be, and have been, submitted to the Board of Education; and
(5) changes made in the last month to the organizational
structure of the D.C. Public Schools, displaying previous and
current control centers and responsibility centers, the names of
the organizational entities that have been changed, the name of the
staff member supervising each entity affected, and the reasons for
the structural change.
Sec. 135. (a) In General.--The Emergency Transitional Education
Board of Trustees of the District of Columbia and the University of the
District of Columbia shall annually compile an accurate and verifiable
report on the positions and employees in the public school system and
the university, respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia public schools and the University of the
District of Columbia for fiscal year 1997, fiscal year 1998, and
thereafter on a full-time equivalent basis, including a compilation
of all positions by control center, responsibility center, funding
source, position type, position title, pay plan, grade, and annual
salary; and
(2) a compilation of all employees in the District of Columbia
public schools and the University of the District of Columbia as of
the preceding December 31, verified as to its accuracy in
accordance with the functions that each employee actually performs,
by control center, responsibility center, agency reporting code,
program (including funding source), activity, location for
accounting purposes, job title, grade and classification, annual
salary, and position control number.
(b) Submission.--The annual report required by subsection (a) of
this section shall be submitted to the Congress, the Mayor, the
District of Columbia Council, the Consensus Commission, and the
Authority, not later than February 15 of each year.
Sec. 136. (a) No later than October 1, 1997, or within 15 calendar
days after the date of the enactment of the District of Columbia
Appropriations Act, 1998, whichever occurs later, and each succeeding
year, the Emergency Transitional Education Board of Trustees and the
University of the District of Columbia shall submit to the appropriate
congressional committees, the Mayor, the District of Columbia Council,
the Consensus Commission, and the District of Columbia Financial
Responsibility and Management Assistance Authority, a revised
appropriated funds operating budget for the public school system and
the University of the District of Columbia for such fiscal year that is
in the total amount of the approved appropriation and that realigns
budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Emergency
Transitional Education Board of Trustees and the University of the
District of Columbia submit to the Mayor of the District of Columbia
for inclusion in the Mayor's budget submission to the Council of the
District of Columbia pursuant to section 442 of the District of
Columbia Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec.
47-301).
Sec. 137. The Emergency Transitional Education Board of Trustees,
the Board of Trustees of the University of the District of Columbia,
the Board of Library Trustees, and the Board of Governors of the
University of the District of Columbia School of Law shall vote on and
approve their respective annual or revised budgets before submission to
the Mayor of the District of Columbia for inclusion in the Mayor's
budget submission to the Council of the District of Columbia in
accordance with section 442 of the District of Columbia Home Rule Act,
Public Law 93-198, as amended (D.C. Code, sec. 47-301), or before
submitting their respective budgets directly to the Council.
Sec. 138. (a) Ceiling on Total Operating Expenses.--
(1) In general.--Notwithstanding any other provision of law,
the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 1998 under the caption
``Division of Expenses'' shall not exceed the lesser of--
(A) the sum of the total revenues of the District of
Columbia for such fiscal year; or
(B) $4,811,906,000 (of which $118,269,000 shall be from
intra-District funds), which amount may be increased by the
following:
(i) proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or
capital needs approved by the District of Columbia
Financial Responsibility and Management Assistance
Authority; and
(ii) additional expenditures which the Chief Financial
Officer of the District of Columbia certifies will produce
additional revenues during such fiscal year at least equal
to 200 percent of such additional expenditures, and which
are approved by the District of Columbia Financial
Responsibility and Management Assistance Authority.
(C) to the extent that the sum of the total revenues of the
District of Columbia for such fiscal year exceed the total
amount provided for in subparagraph (B) above, the Chief
Financial Officer of the District of Columbia, with the
approval of the District of Columbia Financial Responsibility
and Management Assistance Authority, may credit up to ten
percent (10%) of the amount of such difference, not to exceed
$3,300,000, to a reserve fund which may be expended for
operating purposes in future fiscal years, in accordance with
the financial plans and budgets for such years.
(2) Enforcement.--The Chief Financial Officer of the District
of Columbia and the District of Columbia Financial Responsibility
and Management Assistance Authority (hereafter in this section
referred to as ``Authority'') shall take such steps as are
necessary to assure that the District of Columbia meets the
requirements of this section, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 1998, except that the
Chief Financial Officer may not reprogram for operating expenses
any funds derived from bonds, notes, or other obligations issued
for capital projects.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection (a), the Mayor in
consultation with the Chief Financial Officer of the District of
Columbia during a control year, as defined in section 305(4) of
Public Law 104-8, as amended, 109 Stat. 152, may accept, obligate,
and expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
(2) Requirement of chief financial officer report and financial
responsibility and management assistance authority approval.--No
such Federal, private, or other grant may be accepted, obligated,
or expended pursuant to paragraph (1) until--
(A) the Chief Financial Officer of the District submits to
the Authority a report setting forth detailed information
regarding such grant; and
(B) the Authority has reviewed and approved the acceptance,
obligation, and expenditure of such grant in accordance with
review and approval procedures consistent with the provisions
of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the general
fund or other funds of the District government in anticipation of
the approval or receipt of a grant under paragraph (2)(B) or in
anticipation of the approval or receipt of a Federal, private, or
other grant not subject to such paragraph.
(4) Monthly reports.--The Chief Financial Officer of the
District of Columbia shall prepare a monthly report setting forth
detailed information regarding all Federal, private, and other
grants subject to this subsection. Each such report shall be
submitted to the Council of the District of Columbia, and to the
Committees on Appropriations of the House of Representatives and
the Senate, not later than 15 days after the end of the month
covered by the report.
(c) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar days after
the end of each fiscal quarter starting October 1, 1997, the District
of Columbia Financial Responsibility and Management Assistance
Authority shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate, the Committee on
Government Reform and Oversight of the House, and the Committee on
Governmental Affairs of the Senate providing an itemized accounting of
all non-appropriated funds obligated or expended by the Authority for
the quarter. The report shall include information on the date, amount,
purpose, and vendor name, and a description of the services or goods
provided with respect to the expenditures of such funds.
Sec. 139. The District of Columbia Emergency Transitional Education
Board of Trustees shall, subject to the contract approval provisions of
Public Law 104-8--
(A) develop a comprehensive plan to identify and accomplish
energy conservation measures to achieve maximum cost-effective
energy and water savings;
(B) enter into innovative financing and contractual mechanisms
including, but not limited to, utility demand-side management
programs and energy savings performance contracts and water
conservation performance contracts: Provided, That the terms of
such contracts do not exceed 25 years; and
(C) permit and encourage each department or agency and other
instrumentality of the District of Columbia to participate in
programs conducted by any gas, electric or water utility of the
management of electricity or gas demand or for energy or water
conservation.
Sec. 140. If a department or agency of the government of the
District of Columbia is under the administration of a court-appointed
receiver or other court-appointed official during fiscal year 1998 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual budget of the District
of Columbia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and operation of the
department or agency. All such estimates shall be forwarded by the
Mayor to the Council, for its action pursuant to sections 446 and
603(c) of the District of Columbia Home Rule Act, without revision but
subject to the Mayor's recommendations. Notwithstanding any provision
of the District of Columbia Home Rule Act, the Council may comment or
make recommendations concerning such annual estimates but shall have no
authority under such Act to revise such estimates.
Sec. 141. In addition to amounts appropriated or otherwise made
available, $12,000,000 is hereby appropriated to the National Park
Service and shall be available only for the United States Park Police
operations in the District of Columbia.
Sec. 142. The District government shall maintain for fiscal year
1998 the same funding levels as provided in fiscal year 1997 for
homeless services in the District of Columbia.
Sec. 143. The District of Columbia Financial Responsibility and
Management Assistance Authority and the Chief Executive Officer of the
District of Columbia public schools are hereby directed to report to
the Appropriations Committees of the Senate and the House of
Representatives, the Senate Committee on Governmental Affairs and the
Committee on Government Reform and Oversight of the House of
Representatives not later than April 1, 1998, on all measures necessary
and steps to be taken to ensure that the District's public schools open
on time to begin the 1998-1999 academic year.
Sec. 144. There are appropriated from applicable funds of the
District of Columbia such sums as may be necessary to hire 12
additional inspectors for the Alcoholic Beverage Commission. Of the
additional inspectors, 6 shall focus their responsibilities on the
enforcement of laws relating to the sale of alcohol to minors.
Sec. 145. (a) Not later than 6 months after the date of enactment
of this Act, the General Accounting Office shall conduct and submit to
Congress a study of--
(1) the District of Columbia's alcoholic beverage tax structure
and its relation to surrounding jurisdictions;
(2) the effects of the District of Columbia's lower excise
taxes on alcoholic beverages on consumption of alcoholic beverages
in the District of Columbia;
(3) ways in which the District of Columbia's tax structure can
be revised to bring it into conformity with the higher levels in
surrounding jurisdictions; and
(4) ways in which those increased revenues can be used to lower
consumption and promote abstention from alcohol among young people.
(b) The study should consider whether--
(1) alcohol is being sold in proximity to schools and other
areas where children are likely to be; and
(2) creation of alcohol-free zones in areas frequented by
children would be useful in deterring underage alcohol consumption.
Sec. 146. (a) Of the amounts appropriated in this Act to the
District of Columbia, funds may be expended to--
(1) hire 5 additional inspectors for the Department of Consumer
and Regulatory Affairs to focus on monitoring day care centers and
home day care operations; and
(2) hire 5 additional Department of Human Services monitors to
focus on selecting quality day care centers eligible for public
financing and monitoring safety standards at such centers.
(b) Nothing in this section shall be deemed to supersede or
otherwise preempt the development and implementation of the management
reform plan for the Department of Consumer and Regulatory Affairs and
the Department of Human Services as authorized in the District of
Columbia Management Reform Act of 1997 (subtitle B, title XI, Public
Law 105-33).
Sec. 147. (a) Short Title; Findings; Purpose.--
(1) Short title.--This section may be cited as the ``Nation's
Capital Bicentennial Designation Act''.
(2) Findings.--The Senate finds that--
(A) the year 2000 will mark the 200th anniversary of
Washington, D.C. as the Nation's permanent capital, commencing
when the Government moved from Philadelphia to the Federal
City;
(B) the framers of the Constitution provided for the
establishment of a special district to serve as ``the seat of
Government of the United States'';
(C) the site for the city was selected under the direction
of President George Washington, with construction initiated in
1791;
(D) in submitting his design to Congress, Major Pierre
Charles L'Enfant included numerous parks, fountains, and
sweeping avenues designed to reflect a vision as grand and as
ambitious as the American experience itself;
(E) the capital city was named after President George
Washington to commemorate and celebrate his triumph in building
the Nation;
(F) as the seat of Government of the United States for
almost 200 years, the Nation's capital has been a center of
American culture and a world symbol of freedom and democracy;
(G) from Washington, D.C., President Abraham Lincoln
labored to preserve the Union and the Reverend Martin Luther
King, Jr. led an historic march that energized the civil rights
movement, reminding America of its promise of liberty and
justice for all; and
(H) the Government of the United States must continually
work to ensure that the Nation's capital is and remains the
shining city on the hill.
(3) Purpose.--The purposes of this section are to--
(A) designate the year 2000 as the ``Year of National
Bicentennial Celebration for Washington, D.C.--the Nation's
Capital''; and
(B) establish the Presidents' Day holiday in the year 2000
as a day of national celebration for the 200th anniversary of
Washington, D.C.
(b) Nation's Capital National Bicentennial.--
(1) In general.--The year 2000 is designated as the ``Year of
the National Bicentennial Celebration for Washington, D.C.--the
Nation's Capital'' and the Presidents' Day Federal holiday in the
year 2000 is designated as a day of national celebration for the
200th anniversary of Washington, D.C.
(2) Sense of the senate.--It is the sense of the Senate that
all Federal entities should coordinate with and assist the Nation's
Capital Bicentennial Celebration, a nonprofit 501(c)(3) entity,
organized and operating pursuant to the laws of the District of
Columbia, to ensure the success of events and projects undertaken
to renew and celebrate the bicentennial of the establishment of
Washington, D.C. as the Nation's capital.
Sec. 148. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act (D.C. Code, sec. 1-233(c)(1)), General
Obligation Bond Act of 1998 (D.C. Bill 12-371), if enacted by the
Council of the District of Columbia and approved by the District of
Columbia Financial Responsibility and Management Assistance Authority,
shall take effect on the date of such approval or the date of the
enactment of this Act, whichever is later.
Sec. 149. (a) Notwithstanding any other provision of law, rule, or
regulation, an employee of the District of Columbia public schools
shall be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive
area from nonschool-based personnel who shall not compete with school-
based personnel for retention purposes.
Sec. 150. (a) Restrictions on Use of Official Vehicles.--(1) None
of the funds made available by this Act or by any other Act may be used
to provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this paragraph, the term ``official duties'' does not
include travel between the officer's or employee's residence and
workplace (except in the case of a police officer who resides in the
District of Columbia).
(2) The Chief Financial Officer of the District of Columbia shall
submit, by December 15, 1997, an inventory, as of September 30, 1997,
of all vehicles owned, leased or operated by the District of Columbia
government. The inventory shall include, but not be limited to, the
department to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current mileage; and
whether the vehicle is allowed to be taken home by a District officer
or employee and if so, the officer or employee's title and resident
location.
(b) Source of Payment for Employees Detailed Within Government.--
For purposes of determining the amount of funds expended by any entity
within the District of Columbia government during fiscal year 1998 and
each succeeding fiscal year, any expenditures of the District
government attributable to any officer or employee of the District
government who provides services which are within the authority and
jurisdiction of the entity (including any portion of the compensation
paid to the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures made from the
entity's budget, without regard to whether the officer or employee is
assigned to the entity or otherwise treated as an officer or employee
of the entity.
(c) Restricting Providers From Whom Employees May Receive
Disability Compensation Services.--
(1) In general.--Section 2303(a) of the District of Columbia
Comprehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1-
624.3(a)) is amended by striking paragraph (3) and all that follows
and inserting the following:
``(3) By or on the order of the District of Columbia government
medical officers and hospitals, or by or on the order of a
physician or managed care organization designated or approved by
the Mayor.''.
(2) Services furnished.--Section 2303 of such Act (D.C. Code,
sec. 1-624.3) is amended by adding at the end the following new
subsection:
``(c)(1) An employee to whom services, appliances, or supplies are
furnished pursuant to subsection (a) shall be provided with such
services, appliances, and supplies (including reasonable transportation
incident thereto) by a managed care organization or other health care
provider designated by the Mayor, in accordance with such rules,
regulations, and instructions as the Mayor considers appropriate.
``(2) Any expenses incurred as a result of furnishing services,
appliances, or supplies which are authorized by the Mayor under
paragraph (1) shall be paid from the Employees' Compensation Fund.
``(3) Any medical service provided pursuant to this subsection
shall be subject to utilization review under section 2323.''.
(3) Repeal penalty for delayed payment of compensation.--
Section 2324 of such Act (D.C. Code, sec. 1-624.24) is amended by
striking subsection (c).
(4) Definitions.--Section 2301 of such Act (D.C. Code, sec. 1-
624.1) is amended--
(A) in the first sentence of subsection (c), by inserting
``and as designated by the Mayor to provide services to injured
employees'' after ``State law''; and
(B) by adding at the end the following new subsection:
``(r)(1) The term `managed care organization' means an organization
of physicians and allied health professionals organized to and capable
of providing systematic and comprehensive medical care and treatment of
injured employees which is designated by the Mayor to provide such care
and treatment under this title.
``(2) The term `allied health professional' means a medical care
provider (including a nurse, physical therapist, laboratory technician,
X-ray technician, social worker, or other provider who provides such
care within the scope of practice under applicable law) who is employed
by or affiliated with a managed care organization.''.
(5) Effective date.--The amendments made by this subsection
shall apply with respect to services, supplies, or appliances
furnished under title XXIII of the District of Columbia Merit
Personnel Act of 1978 on or after the date of the enactment of this
Act.
(d) Modification of Reduction in Force Procedures.--The District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C.
Code, sec. 1-601.1 et seq.), as amended by section 140(b) of the
District of Columbia Appropriations Act, 1997 (Public Law 104-194), is
amended by adding at the end the following new section:
``SEC. 2408. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1998.
``(a) Notwithstanding any other provision of law, regulation, or
collective bargaining agreement either in effect or to be negotiated
while this legislation is in effect for the fiscal year ending
September 30, 1998, each agency head is authorized, within the agency
head's discretion, to identify positions for abolishment.
``(b) Prior to February 1, 1998, each personnel authority (other
than a personnel authority of an agency which is subject to a
management reform plan under subtitle B of title XI of the Balanced
Budget Act of 1997) shall make a final determination that a position
within the personnel authority is to be abolished.
``(c) Notwithstanding any rights or procedures established by any
other provision of this title, any District government employee,
regardless of date of hire, who encumbers a position identified for
abolishment shall be separated without competition or assignment
rights, except as provided in this section.
``(d) An employee affected by the abolishment of a position
pursuant to this section who, but for this section would be entitled to
compete for retention, shall be entitled to one round of lateral
competition pursuant to Chapter 24 of the District of Columbia
Personnel Manual, which shall be limited to positions in the employee's
competitive level.
``(e) Each employee selected for separation pursuant to this
section shall be given written notice of at least 30 days before the
effective date of his or her separation.
``(f) Neither the establishment of a competitive area smaller than
an agency, nor the determination that a specific position is to be
abolished, nor separation pursuant to this section shall be subject to
review except that--
``(1) an employee may file a complaint contesting a
determination or a separation pursuant to title XV of this Act or
section 303 of the Human Rights Act of 1977 (D.C. Code, sec. 1-
2543); and
``(2) an employee may file with the Office of Employee Appeals
an appeal contesting that the separation procedures of subsections
(d) and (e) were not properly applied.
``(g) An employee separated pursuant to this section shall be
entitled to severance pay in accordance with title XI of this Act,
except that the following shall be included in computing creditable
service for severance pay for employees separated pursuant to this
section--
``(1) four years for an employee who qualified for veterans
preference under this Act, and
``(2) three years for an employee who qualified for residency
preference under this Act.
``(h) Separation pursuant to this section shall not affect an
employee's rights under either the Agency Reemployment Priority Program
or the Displaced Employee Program established pursuant to Chapter 24 of
the District Personnel Manual.
``(i) With respect to agencies which are not subject to a
management reform plan under subtitle B of title XI of the Balanced
Budget Act of 1997, the Mayor shall submit to the Council a listing of
all positions to be abolished by agency and responsibility center by
March 1, 1998 or upon the delivery of termination notices to individual
employees.
``(j) Notwithstanding the provisions of section 1708 or section
2402(d), the provisions of this Act shall not be deemed negotiable.
``(k) A personnel authority shall cause a 30-day termination notice
to be served, no later than September 1, 1998, on any incumbent
employee remaining in any position identified to be abolished pursuant
to subsection (b) of this section.
``(l) In the case of an agency which is subject to a management
reform plan under subtitle B of title XI of the Balanced Budget Act of
1997, the authority provided by this section shall be exercised to
carry out the agency's management reform plan, and this section shall
otherwise be implemented solely in a manner consistent with such
plan.''.
Sec. 151. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In the
case of any equipment or product that may be authorized to be
purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products to
the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing financial
assistance using funds made available in this Act, the head of each
agency of the Federal or District of Columbia government shall
provide to each recipient of the assistance a notice describing the
statement made in paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
Sec. 152. (a) Cap on Stipends of Retirement Board Members.--Section
121(c)(1) of the District of Columbia Retirement Reform Act (D.C. Code,
sec. 1-711(c)(1)) is amended by striking the period at the end and
inserting the following: ``, and the total amount to which a member may
be entitled under this subsection during a year (beginning with 1998)
may not exceed $5,000.''.
(b) Resumption of Certain Terminated Annuities Paid to Child
Survivors of District of Columbia Police and Firefighters.--
(1) In general.--Subsection (k)(5) of the Policemen and
Firemen's Retirement and Disability Act (D.C. Code, sec. 4-622(e))
is amended by adding at the end the following new subparagraph:
``(D) If the annuity of a child under subparagraph (A) or
subparagraph (B) terminates because of marriage and such marriage ends,
the annuity shall resume on the first day of the month in which it
ends, but only if the individual is not otherwise ineligible for the
annuity.''.
(2) Effective date.--The amendment made by paragraph (1) shall
apply with respect to any termination of marriage taking effect on
or after November 1, 1993, except that benefits shall be payable
only with respect to amounts accruing for periods beginning on the
first day of the month beginning after the later of such
termination of marriage or such date of enactment.
Sec. 153. (a) In General.--The Council of the District of Columbia
shall annually review and adjust the amount of the monthly assistance
payment that may be made under the Temporary Assistance for Needy
Families Program so that such payment is comparable with the monthly
assistance payments made under such program in Maryland and Virginia
counties that are contiguous to the District of Columbia.
(b) Effective Date.--Subsection (a) shall apply with respect to
fiscal year 1998 and each succeeding fiscal year.
Sec. 154. Effective as if included in the enactment of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996, section 517 of
such Act (110 Stat. 1321-248) is amended by striking ``October 1,
1991'' and inserting ``the date of the enactment of this Act''.
Sec. 155. Requiring Placement of Inspector General Hotline on
Permit and License Application Forms.--
(1) In general.--Each District of Columbia permit or license
application form printed after the expiration of the 30-day period
which begins on the date of the enactment of this Act shall include
the telephone number established by the Inspector General of the
District of Columbia for reporting instances of waste, fraud, and
abuse, together with a brief description of the uses and purposes
of such number.
(2) Quarterly reports on use of number.--Not later than 10 days
after the end of such calendar quarter of each fiscal year
(beginning with fiscal year 1998), the Inspector General of the
District of Columbia shall submit a report to Congress on the
number and nature of the calls received through the telephone
number described in paragraph (1) during the quarter and on the
waste, fraud, and abuse detected as a result of such calls.
Sec. 156. (a) In General.--Notwithstanding any other provision of
law (including any law or regulation providing for collective
bargaining or the enforcement of any collective bargaining agreement)
or collective bargaining agreement, any payment made by the District of
Columbia after the expiration of the 45-day period which begins on the
date of the enactment of this Act to any person shall be made by--
(1) direct deposit through electronic funds transfer to a
checking, savings, or other account designated by the person; or
(2) a check delivered through the United States Postal Service
to the person's place of residence or business.
(b) Regulations.--The Chief Financial Officer of the District of
Columbia is authorized to issue rules to carry out this section.
Sec. 157. (a) Deposit of Annual Federal Contribution With
Authority.--
(1) In general.--The District of Columbia Financial
Responsibility and Management Assistance Act of 1995, as amended by
section 11601(b)(2) of the Balanced Budget Act of 1997, is amended
by inserting after section 204 the following new section:
``SEC. 205. DEPOSIT OF ANNUAL FEDERAL CONTRIBUTION WITH AUTHORITY.
``(a) In General.--
``(1) Deposit into escrow account.--In the case of a fiscal
year which is a control year, the Secretary of the Treasury shall
deposit any Federal contribution to the District of Columbia for
the year authorized under section 11601(c)(2) of the Balanced
Budget Act of 1997 into an escrow account held by the Authority,
which shall allocate the funds to the Mayor at such intervals and
in accordance with such terms and conditions as it considers
appropriate to implement the financial plan for the year. In
establishing such terms and conditions, the Authority shall give
priority to using the Federal contribution for cash flow management
and the payment of outstanding bills owed by the District
government.
``(2) Exception for amounts withheld for advances.--Paragraph
(1) shall not apply with respect to any portion of the Federal
contribution which is withheld by the Secretary of the Treasury in
accordance with section 605(b)(2) of title VI of the District of
Columbia Revenue Act of 1939 to reimburse the Secretary for
advances made under title VI of such Act.
``(b) Expenditure of Funds from Account in Accordance with
Authority Instructions.--Any funds allocated by the Authority to the
Mayor from the escrow account described in paragraph (1) may be
expended by the Mayor only in accordance with the terms and conditions
established by the Authority at the time the funds are allocated.''.
(2) Clerical amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 204 the
following new item:
``Sec. 205. Deposit of annual Federal contribution with Authority.''.
(3) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of the Balanced
Budget Act of 1997.
(b) Dishonored Check Collection.--The Act entitled ``An Act to
authorize the Commissioners of the District of Columbia to prescribe
penalties for the handling and collection of dishonored checks'',
approved September 28, 1965 (D.C. Code, sec. 1-357) is amended--
(1) in subsection (a) by inserting after the third sentence the
following: ``The Mayor may enter into a contract to collect the
amount of the original obligation.''; and
(2) by adding at the end the following new subsections:
``(c) In a case in which the amount of a dishonored or unpaid check
is collected as a result of a contract, the Mayor shall collect any
costs or expenses incurred to collect such amount from such person who
gives or causes to be given, in payment of any obligation or liability
due the government of the District of Columbia, a check which is
subsequently dishonored or not duly paid. In a case in which the amount
of a dishonored or unpaid check is collected as a result of an action
at law or in equity, such costs and expenses shall include litigation
expenses and attorney's fees.
``(d) An action at law or in equity for the recovery of any amount
owed to the District as a result of subsection (c), including any
litigation expenses or attorney's fees may be initiated--
``(1) by the Corporation Counsel of the District of Columbia;
or
``(2) in a case in which the Corporation Counsel does not
exercise his or her authority, by the person who provides
collection services as a result of a contract with the Mayor.
``(e) Nothing in this section may be construed to eliminate the
Mayor's exclusive authority with respect to any obligations and
liabilities of the District of Columbia.''.
(c) Conforming References to Internal Revenue Code of 1986.--
Section 4(28A) of the District of Columbia Income and Franchise Act of
1947 (D.C. Code, sec. 47-1801.4(28A)) is amended to read as follows:
``(28A) The term `Internal Revenue Code of 1986' means the
Internal Revenue Code of 1986 (100 Stat. 2085; 26 U.S.C. 1 et
seq.), as amended through August 20, 1996. The provisions of the
Internal Revenue Code of 1986 shall be effective on the same dates
that they are effective for Federal tax purposes.''.
(d) Standard for Review of Recommendations of Business Regulatory
Reform Commission in Review of Regulations by Authority.--Section
11701(a)(1) of the Balanced Budget Act of 1997 is amended by striking
the second sentence and inserting the following: ``In carrying out such
review, the Authority shall include an explicit reference to each
recommendation made by the Business Regulatory Reform Commission
pursuant to the Business Regulatory Reform Commission Act of 1994 (D.C.
Code, sec. 2-4101 et seq.), together with specific findings and
conclusions with respect to each such recommendation.''.
(e) Technical Corrections Relating to Balanced Budget Act of
1997.--(1) Effective as if included in the enactment of the Balanced
Budget Act of 1997, section 453(c) of the District of Columbia Home
Rule Act (D.C. Code, sec. 47-304.1(c)), as amended by section 11243(d)
of the Balanced Budget Act of 1997, is amended to read as follows:
``(c) Subsection (a) shall not apply to amounts appropriated or
otherwise made available to the Council, the District of Columbia
Financial Responsibility and Management Assistance Authority
established under section 101(a) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, or the District
of Columbia Water and Sewer Authority established pursuant to the Water
and Sewer Authority Establishment and Department of Public Works
Reorganization Act of 1996.''.
(2) Section 11201(g)(2)(A)(ii) of the Balanced Budget Act of 1997
is amended--
(A) in the heading, by striking ``Department of parks and
recreation'' and inserting ``parks authority''; and
(B) by striking ``Department of Parks and Recreation'' and
inserting ``Parks Authority''.
(f) Repeal of Prior Notice Requirement for Federal Activities
Affecting Real Property in District of Columbia.--Effective October 1,
1997, the Balanced Budget Act of 1997 (Public Law 105-33) is amended by
striking section 11715.
Sec. 158. Notwithstanding any provision of any federally granted
charter or any other provision of law, the real property of the
National Education Association located in the District of Columbia
shall be subject to taxation by the District of Columbia in the same
manner as any similar organization.
Sec. 159. (a) Section 501(c)(4) of the District of Columbia Police
and Firemen's Act of 1958 (D.C. Code, sec. 4-416(c)(4)) is amended by
striking ``locality pay'' and inserting ``longevity pay''.
(b) The amendment made by subsection (a) is effective on the date
of enactment of Public Law 105-61.
Sec. 160. In addition to amounts appropriated or otherwise made
available, $3,000,000 is appropriated for the purpose of funding a
Medicare Coordinated Care Demonstration Project in the District of
Columbia as specified in section 4016(b)(2)(C) of the Balanced Budget
Act of 1997.
Sec. 161. Nothing in this Act shall be construed to authorize any
office, agency or entity to expend funds for programs or functions for
which a reorganization plan is required but has not been approved by
the District of Columbia Financial Responsibility and Management
Assistance Authority (hereafter in this section referred to as
``Authority''). Appropriations made by this Act for such programs or
functions are conditioned only on the approval by the Authority of the
required reorganization plans.
Sec. 162. Effective as if included in the enactment of subtitle J
of title IV of the Balanced Budget Act of 1997 (Public Law 105-33) the
Social Security Act is amended as follows:
(1) The fourth sentence of section 1905(b) of such Act (42
U.S.C. 1396d(b)) is amended by inserting ``for the State for a
fiscal year, and that do not exceed the amount of the State's
allotment under section 2104 (not taking into account reductions
under section 2104(d)(2)) for the fiscal year reduced by the amount
of any payments made under section 2105 to the State from such
allotment for such fiscal year,'' after ``subsection (u)(3)''.
(2) Section 1905(u) of such Act (42 U.S.C. 1396d(u)) is
amended--
(A) in paragraph (1)(B), by striking ``paragraph (2)'' and
inserting ``the fourth sentence of subsection (b)'';
(B) in paragraph (2)(A), by striking ``(C), but not in
excess'' and all that follows up to the period at the end and
inserting ``(B)'';
(C) by striking subparagraphs (B) and (C) of paragraph (2)
and inserting the following:
``(B) For purposes of this paragraph, the term `optional targeted
low-income child' means a targeted low-income child as defined in
section 2110(b)(1) (determined without regard to that portion of
subparagraph (C) of such section concerning eligibility for medical
assistance under this title) who would not qualify for medical
assistance under the State plan under this title as in effect on March
31, 1997 (but taking into account the expansion of age of eligibility
effected through the operation of section 1902(l)(1)(D)).'';
(D) in paragraph (3)--
(i) by striking ``described in this subparagraph'' and
inserting ``described in this paragraph''; and
(ii) by striking ``April 15, 1997'' and inserting
``March 31, 1997''; and
(E) by adding at the end the following:
``(4) The limitations on payment under subsections (f) and (g) of
section 1108 shall not apply to Federal payments made under section
1903(a)(1) based on an enhanced FMAP described in section 2105(b).''.
(3) Section 2110(b) of such Act (42 U.S.C. 1397jj(b)) is
amended--
(A) in paragraph (1)(B)(ii) to read as follows:
``(ii) is a child--
``(I) whose family income (as determined under the
State child health plan) exceeds the medicaid applicable
income level (as defined in paragraph (4)), but does not
exceed 50 percentage points above the medicaid applicable
income level;
``(II) whose family income (as so determined) does not
exceed the medicaid applicable income level (as defined in
paragraph (4) but determined as if `June 1, 1997' were
substituted for `March 31, 1997'); or
``(III) who resides in a State that does not have a
medicaid applicable income level (as defined in paragraph
(4)); and''; and
(B) in paragraph (4)--
(i) by striking ``June 1, 1997'' and inserting ``March
31, 1997''; and
(ii) by inserting ``or 1905(n)(2) (as selected by a
State)'' after ``1902(l)(2)''.
(4) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f)(4)) is
amended by striking ``or 1905(p)(1)'' and inserting ``1905(p)(1),
or 1905(u)''.
(5) Section 2105(c)(2)(A) of such Act (42 U.S.C.
1397ee(c)(2)(A)) is amended to read as follows--
``(A) In general.--Except as provided in this paragraph,
payment shall not be made under subsection (a) for expenditures
for items described in subsection (a) (other than paragraph
(1)) for a fiscal year to the extent the total of such
expenditures (for which payment is made under such subsection)
exceeds 10 percent of the sum of--
``(i) the total of such expenditures for such fiscal
year, and
``(ii) the total expenditures for medical assistance by
the State under title XIX for which Federal payments made
under section 1903(a)(1) are based on an enhanced FMAP
described in section 2105(b) for such fiscal year.''.
(6) Section 2104 of such Act (42 U.S.C. 1397dd) is amended--
(A) in subsection (d)(1), by striking ``for calendar
quarters'' and inserting ``for expenditures claimed by the
State''; and
(B) by striking subsection (d)(2) and inserting the
following:
``(2) the amount (if any) of the payments made to that State
under section 1903(a) for expenditures claimed by the State during
such fiscal year that is attributable to the provision of medical
assistance to a child for which payment is made under section
1903(a)(1) on the basis of an enhanced FMAP under the fourth
sentence of section 1905(b).''.
(7) Section 2105 of such Act (42 U.S.C. 1397ee) is amended by
adding at the end the following:
``(f) Flexibility in Submittal of Claims.--Nothing in this section
or subsections (e) and (f) of section 2104 shall be construed as
preventing a State from claiming as expenditures in the quarter
expenditures that were incurred in a previous quarter.''.
(8) Section 2104 of such Act (42 U.S.C. 1397dd) is amended--
(A) in subsection (a)(1), by striking ``$4,275,000,000''
and inserting ``$4,295,000,000'';
(B) in subsection (b)(4), by striking ``Subject to
paragraph (5), in'' and inserting ``In''; and
(C) in subsection (c)--
(i) in paragraph (2)(C), by inserting ``the'' before
``Virgin Islands'', and
(ii) in paragraphs (3)(C) and (3)(E), by striking
``the'' and inserting ``The''.
(9) Section 2110(c)(3) of such Act (42 U.S.C. 1397jj(c)(3)) is
amended by striking ``2191'' and inserting ``2791''.
Sec. 163. The Administrator of General Services is authorized to
amend the use restriction contained in the Administrator's 1956
conveyance of land to the City of Bonham, Texas, mandated by Public Law
586 of the 84th Congress. The amended use restriction will limit the
property to State veterans, nursing homes and public safety
communications purposes only.
Sec. 164. Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for evaluating
District of Columbia public schools employees shall be a non-negotiable
item for collective bargaining purposes.
Sec. 165. There are appropriated from such funds of the District of
Columbia, as are deemed appropriate by the District of Columbia
Financial Responsibility and Management Assistance Authority,
$2,600,000, for the Fire and Emergency Medical Services Department for
a 5 percent pay increase for uniformed firefighters.
Sec. 166. Notwithstanding any other provision of Federal or
District of Columbia law applicable to a reemployed annuitant's
entitlement to retirement or pension benefits, the Director of the
Office of Personnel Management may waive the provisions of section 8344
of title 5 of the United States Code for any reemployed annuitants
appointed heretofore or hereafter as a Trustee under section 11202 or
11232 of the National Capital Revitalization and Self-Government
Improvement Act of 1997, or, at the request of such a Trustee, for any
employee of such Trustee.
Sec. 167. Section 2203(i)(2)(A) of the District of Columbia School
Reform Act of 1995 (Public Law 104-134; 110 Stat. 3009-504; D.C. Code
31-2853.13(i)(2)(A)) is amended to read as follows:
``(A) In general.--
``(i) Annual limit.--Subject to subparagraph (B) and clause
(ii), during calendar year 1997, and during each subsequent
calendar year, each eligible chartering authority shall not
approve more than 10 petitions to establish a public charter
school under this subtitle.
``(ii) Timetable.--Any petition approved under clause (i)
shall be approved during an application approval period that
terminates on April 1 of each year. Such an approval period may
commence before or after January 1 of the calendar year in
which it terminates, except that any petition approved at any
time during such an approval period shall count, for purposes
of clause (i), against the total number of petitions approved
during the calendar year in which the approval period
terminates.''.
Sec. 168. Section 2205(a) of the District of Columbia School Reform
Act of 1995 (Public Law 104-134; 110 Stat. 1321-122; D.C. Code 31-
2853.15(a)) is amended by striking ``7,'' and inserting ``15,''.
Sec. 169. Section 2214(g) of the District of Columbia School Reform
Act of 1995 (Public Law 104-134; 110 Stat. 1321-133; D.C. Code 31-
2853.24(g)) is amended by inserting ``to the Board'' after
``appropriated''.
Sec. 170. Section 2401(b)(3)(B) of the District of Columbia School
Reform Act of 1995 (Public Law 104-134; 110 Stat. 1321-137; D.C. Code
31-2853.41(b)(3)(B)) is amended--
(1) in clause (i), by striking ``or'';
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) to whom the school provides room and board in a
residential setting.''.
Sec. 171. Section 2401(b)(3) of the District of Columbia School
Reform Act of 1995 (Public Law 104-134; 110 Stat. 1321-137; D.C. Code
31-2853.41(b)(3)) is amended by adding at the end the following:
``(C) Adjustment for facilities costs.--Notwithstanding
paragraph (2), the Mayor and the District of Columbia Council,
in consultation with the Board of Education and the
Superintendent, shall adjust the amount of the annual payment
under paragraph (1) to increase the amount of such payment for
a public charter school to take into account leases or
purchases of, or improvements to, real property, if the school,
not later than April 1 of the fiscal year preceding the
payment, requests such an adjustment.''.
Sec. 172. (a) Payments to New Charter Schools.--Section 2403(b) of
the District of Columbia School Reform Act of 1995 (Public Law 104-134;
110 Stat. 1321-140; D.C. Code 31-2853.43(b)) is amended to read as
follows:
``(b) Payments to New Schools.--
``(1) Establishment of fund.--There is established in the
general fund of the District of Columbia a fund to be known as the
`New Charter School Fund'.
``(2) Contents of fund.--The New Charter School Fund shall
consist of--
``(A) unexpended and unobligated amounts appropriated from
local funds for public charter schools for fiscal year 1997 and
subsequent fiscal years that reverted to the general fund of
the District of Columbia;
``(B) amounts credited to the fund in accordance with this
subsection upon the receipt by a public charter school
described in paragraph (5) of its first initial payment under
subsection (a)(2)(A) or its first final payment under
subsection (a)(2)(B); and
``(C) any interest earned on such amounts.
``(3) Expenditures from fund.--
``(A) In general.--Not later than June 1, 1998, and not
later than June 1 of each year thereafter, the Chief Financial
Officer of the District of Columbia shall pay, from the New
Charter School Fund, to each public charter school described in
paragraph (5), an amount equal to 25 percent of the amount
yielded by multiplying the uniform dollar amount used in the
formula established under section 2401(b) by the total
anticipated enrollment as set forth in the petition to
establish the public charter school.
``(B) Pro rata reduction.--If the amounts in the New
Charter School Fund for any year are insufficient to pay the
full amount that each public charter school described in
paragraph (5) is eligible to receive under this subsection for
such year, the Chief Financial Officer of the District of
Columbia shall ratably reduce such amounts for such year on the
basis of the formula described in section 2401(b).
``(C) Form of payment.--Payments under this subsection
shall be made by electronic funds transfer from the New Charter
School Fund to a bank designated by a public charter school.
``(4) Credits to fund.--Upon the receipt by a public charter
school described in paragraph (5) of--
``(A) its first initial payment under subsection (a)(2)(A),
the Chief Financial Officer of the District of Columbia shall
credit the New Charter School Fund with 75 percent of the
amount paid to the school under paragraph (3); and
``(B) its first final payment under subsection (a)(2)(B),
the Chief Financial Officer of the District of Columbia shall
credit the New Charter School Fund with 25 percent of the
amount paid to the school under paragraph (3).
``(5) Schools described.--A public charter school described in
this paragraph is a public charter school that--
``(A) did not enroll any students during any portion of the
fiscal year preceding the most recent fiscal year for which
funds are appropriated to carry out this subsection; and
``(B) operated as a public charter school during the most
recent fiscal year for which funds are appropriated to carry
out this subsection.
``(6) Authorization of appropriations.--There are authorized to
be appropriated to the Chief Financial Officer of the District of
Columbia such sums as may be necessary to carry out this subsection
for each fiscal year.''.
(b) Reduction of Annual Payment.--
(1) Initial payment.--Section 2403(a)(2)(A) of the District of
Columbia School Reform Act (Public Law 104-134; 110 Stat. 1321-139;
D.C. Code 31-2853.43(a)(2)(A)) is amended to read as follows:
``(A) Initial payment.--
``(i) In general.--Except as provided in clause (ii),
not later than October 15, 1996, and not later than October
15 of each year thereafter, the Mayor shall transfer, by
electronic funds transfer, an amount equal to 75 percent of
the amount of the annual payment for each public charter
school determined by using the formula established pursuant
to section 2401(b) to a bank designated by such school.
``(ii) Reduction in case of new school.--In the case of
a public charter school that has received a payment under
subsection (b) in the fiscal year immediately preceding the
fiscal year in which a transfer under clause (i) is made,
the amount transferred to the school under clause (i) shall
be reduced by an amount equal to 75 percent of the amount
of the payment under subsection (b).''.
(2) Final payment.--Section 2403(a)(2)(B) of the District of
Columbia School Reform Act (Public Law 104-134; 110 Stat. 1321-139;
D.C. Code 31-2853.43(a)(2)(B)) is amended--
(A) in clause (i)--
(i) by inserting ``In general.--'' before ``Except'';
and
(ii) by striking ``clause (ii),'' and inserting
``clauses (ii) and (iii),'';
(B) in clause (ii), by inserting ``Adjustment for
enrollment.--'' before ``Not later than March 15, 1997,''; and
(C) by adding at the end the following:
``(iii) Reduction in case of new school.--In the case
of a public charter school that has received a payment
under subsection (b) in the fiscal year immediately
preceding the fiscal year in which a transfer under clause
(i) is made, the amount transferred to the school under
clause (i) shall be reduced by an amount equal to 25
percent of the amount of the payment under subsection
(b).''.
This title may be cited as the ``District of Columbia
Appropriations Act, 1998''.
TITLE II--CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND
DEPORTATION FOR CERTAIN ALIENS
Sec. 201. Short Title.--This title may be cited as the ``Nicaraguan
Adjustment and Central American Relief Act''.
Sec. 202. Adjustment of Status of Certain Nicaraguans and Cubans.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien described
in subsection (b) shall be adjusted by the Attorney General to that
of an alien lawfully admitted for permanent residence, if the
alien--
(A) applies for such adjustment before April 1, 2000; and
(B) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence, except in determining such admissibility the grounds
for inadmissibility specified in paragraphs (4), (5), (6)(A),
and (7)(A) of section 212(a) of the Immigration and Nationality
Act shall not apply.
(2) Relationship of application to certain orders.--An alien
present in the United States who has been ordered excluded,
deported, removed, or ordered to depart voluntarily from the United
States under any provision of the Immigration and Nationality Act
may, notwithstanding such order, apply for adjustment of status
under paragraph (1). Such an alien may not be required, as a
condition of submitting or granting such application, to file a
separate motion to reopen, reconsider, or vacate such order. If the
Attorney General grants the application, the Attorney General shall
cancel the order. If the Attorney General renders a final
administrative decision to deny the application, the order shall be
effective and enforceable to the same extent as if the application
had not been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a) shall
apply to any alien who is a national of Nicaragua or Cuba and who
has been physically present in the United States for a continuous
period, beginning not later than December 1, 1995, and ending not
earlier than the date the application for adjustment under such
subsection is filed, except an alien shall not be considered to
have failed to maintain continuous physical presence by reason of
an absence, or absences, from the United States for any periods in
the aggregate not exceeding 180 days.
(2) Proof of commencement of continuous presence.--For purposes
of establishing that the period of continuous physical presence
referred to in paragraph (1) commenced not later than December 1,
1995, an alien--
(A) shall demonstrate that the alien, prior to December 1,
1995--
(i) applied to the Attorney General for asylum;
(ii) was issued an order to show cause under section
242 or 242B of the Immigration and Nationality Act (as in
effect prior to April 1, 1997);
(iii) was placed in exclusion proceedings under section
236 of such Act (as so in effect);
(iv) applied for adjustment of status under section 245
of such Act;
(v) applied to the Attorney General for employment
authorization;
(vi) performed service, or engaged in a trade or
business, within the United States which is evidenced by
records maintained by the Commissioner of Social Security;
or
(vii) applied for any other benefit under the
Immigration and Nationality Act by means of an application
establishing the alien's presence in the United States
prior to December 1, 1995; or
(B) shall make such other demonstration of physical
presence as the Attorney General may provide for by regulation.
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation or
removal to seek a stay of such order based on the filing of an
application under subsection (a).
(2) During certain proceedings.--Notwithstanding any provision
of the Immigration and Nationality Act, the Attorney General shall
not order any alien to be removed from the United States, if the
alien is in exclusion, deportation, or removal proceedings under
any provision of such Act and has applied for adjustment of status
under subsection (a), except where the Attorney General has
rendered a final administrative determination to deny the
application.
(3) Work authorization.--The Attorney General may authorize an
alien who has applied for adjustment of status under subsection (a)
to engage in employment in the United States during the pendency of
such application and may provide the alien with an ``employment
authorized'' endorsement or other appropriate document signifying
authorization of employment, except that if such application is
pending for a period exceeding 180 days, and has not been denied,
the Attorney General shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall be
adjusted by the Attorney General to that of an alien lawfully
admitted for permanent residence, if--
(A) the alien is a national of Nicaragua or Cuba;
(B) the alien is the spouse, child, or unmarried son or
daughter, of an alien whose status is adjusted to that of an
alien lawfully admitted for permanent residence under
subsection (a), except that in the case of such an unmarried
son or daughter, the son or daughter shall be required to
establish that they have been physically present in the United
States for a continuous period, beginning not later than
December 1, 1995, and ending not earlier than the date the
application for adjustment under this subsection is filed;
(C) the alien applies for such adjustment and is physically
present in the United States on the date the application is
filed;
(D) the alien is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States for
permanent residence, except in determining such admissibility
the grounds for exclusion specified in paragraphs (4), (5),
(6)(A), and (7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply; and
(E) applies for such adjustment before April 1, 2000.
(2) Proof of continuous presence.--For purposes of establishing
the period of continuous physical presence referred to in paragraph
(1)(B), an alien--
(A) shall demonstrate that such period commenced not later
than December 1, 1995, in a manner consistent with subsection
(b)(2); and
(B) shall not be considered to have failed to maintain
continuous physical presence by reason of an absence, or
absences, from the United States for any period in the
aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245 of
the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240 of
such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this section. Nothing contained in this
section shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or any other
law relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible.
Sec. 203. Modification of Certain Transition Rules. (a)
Transitional Rules with Regard to Suspension of Deportation.--
(1) In general.--Section 309(c)(5) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-
208; division C; 110 Stat. 3009-627) is amended to read as follows:
``(5) Transitional rules with regard to suspension of
deportation.--
``(A) In general.--Subject to subparagraphs (B) and (C),
paragraphs (1) and (2) of section 240A(d) of the Immigration
and Nationality Act (relating to continuous residence or
physical presence) shall apply to orders to show cause
(including those referred to in section 242B(a)(1) of the
Immigration and Nationality Act, as in effect before the title
III-A effective date), issued before, on, or after the date of
the enactment of this Act.
``(B) Exception for certain orders.--In any case in which
the Attorney General elects to terminate and reinitiate
proceedings in accordance with paragraph (3) of this
subsection, paragraphs (1) and (2) of section 240A(d) of the
Immigration and Nationality Act shall not apply to an order to
show cause issued before April 1, 1997.
``(C) Special rule for certain aliens granted temporary
protection from deportation.--
``(i) In general.--For purposes of calculating the
period of continuous physical presence under section 244(a)
of the Immigration and Nationality Act (as in effect before
the title III-A effective date) or section 240A of such Act
(as in effect after the title III-A effective date),
subparagraph (A) and paragraphs (1) and (2) of section
240A(d) of the Immigration and Nationality Act shall not
apply in the case of an alien, regardless of whether the
alien is in exclusion or deportation proceedings before the
title III-A effective date, who has not been convicted at
any time of an aggravated felony (as defined in section
101(a) of the Immigration and Nationality Act) and--
``(I) was not apprehended after December 19, 1990,
at the time of entry, and is--
``(aa) a Salvadoran national who first entered
the United States on or before September 19, 1990,
and who registered for benefits pursuant to the
settlement agreement in American Baptist Churches,
et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D.
Cal. 1991) on or before October 31, 1991, or
applied for temporary protected status on or before
October 31, 1991; or
``(bb) a Guatemalan national who first entered
the United States on or before October 1, 1990, and
who registered for benefits pursuant to such
settlement agreement on or before December 31,
1991;
``(II) is a Guatemalan or Salvadoran national who
filed an application for asylum with the Immigration
and Naturalization Service on or before April 1, 1990;
``(III) is the spouse or child (as defined in
section 101(b)(1) of the Immigration and Nationality
Act) of an individual, at the time a decision is
rendered to suspend the deportation, or cancel the
removal, of such individual, if the individual has been
determined to be described in this clause (excluding
this subclause and subclause (IV));
``(IV) is the unmarried son or daughter of an alien
parent, at the time a decision is rendered to suspend
the deportation, or cancel the removal, of such alien
parent, if--
``(aa) the alien parent has been determined to
be described in this clause (excluding this
subclause and subclause (III)); and
``(bb) in the case of a son or daughter who is
21 years of age or older at the time such decision
is rendered, the son or daughter entered the United
States on or before October 1, 1990; or
``(V) is an alien who entered the United States on
or before December 31, 1990, who filed an application
for asylum on or before December 31, 1991, and who, at
the time of filing such application, was a national of
the Soviet Union, Russia, any republic of the former
Soviet Union, Latvia, Estonia, Lithuania, Poland,
Czechoslovakia, Romania, Hungary, Bulgaria, Albania,
East Germany, Yugoslavia, or any state of the former
Yugoslavia.
``(ii) Limitation on judicial review.--A determination
by the Attorney General as to whether an alien satisfies
the requirements of this clause (i) is final and shall not
be subject to review by any court. Nothing in the preceding
sentence shall be construed as limiting the application of
section 242(a)(2)(B) of the Immigration and Nationality Act
(as in effect after the title III-A effective date) to
other eligibility determinations pertaining to
discretionary relief under this Act.''.
(2) Conforming Amendment.--Subsection (c) of section 309 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; division C; 110 Stat. 3009-625) is amended by
striking the subsection designation and the subsection heading and
inserting the following:
``(c) Transition for Certain Aliens.--''.
(b) Special Rule for Cancellation of Removal.--Section 309 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 110 Stat. 3009-625) is amended by adding at the
end the following:
``(f) Special Rule for Cancellation of Removal.--
``(1) In general.--Subject to the provisions of the Immigration
and Nationality Act (as in effect after the title III-A effective
date), other than subsections (b)(1), (d)(1), and (e) of section
240A of such Act (but including section 242(a)(2)(B) of such Act),
the Attorney General may, under section 240A of such Act, cancel
removal of, and adjust to the status of an alien lawfully admitted
for permanent residence, an alien who is inadmissible or deportable
from the United States, if the alien applies for such relief, the
alien is described in subsection (c)(5)(C)(i) of this section,
and--
``(A) the alien--
``(i) is not inadmissible or deportable under paragraph
(2) or (3) of section 212(a) or paragraph (2), (3), or (4)
of section 237(a) of the Immigration and Nationality Act
and is not an alien described in section 241(b)(3)(B)(i) of
such Act;
``(ii) has been physically present in the United States
for a continuous period of not less than 7 years
immediately preceding the date of such application;
``(iii) has been a person of good moral character
during such period; and
``(iv) establishes that removal would result in extreme
hardship to the alien or to the alien's spouse, parent, or
child, who is a citizen of the United States or an alien
lawfully admitted for permanent residence; or
``(B) the alien--
``(i) is inadmissible or deportable under section
212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or
237(a)(3) of the Immigration and Nationality Act;
``(ii) is not an alien described in section
241(b)(3)(B)(i) or 101(a)(43) of such Act;
``(iii) has been physically present in the United
States for a continuous period of not less than 10 years
immediately following the commission of an act, or the
assumption of a status, constituting a ground for removal;
``(iv) has been a person of good moral character during
such period; and
``(v) establishes that removal would result in
exceptional and extremely unusual hardship to the alien or
to the alien's spouse, parent, or child, who is a citizen
of the United States or an alien lawfully admitted for
permanent residence.
``(2) Treatment of certain breaks in presence.--Section
240A(d)(2) shall apply for purposes of calculating any period of
continuous physical presence under this subsection, except that the
reference to subsection (b)(1) in such section shall be considered
to be a reference to paragraph (1) of this section.''.
(c) Motions To Reopen Deportation or Removal Proceedings.--Section
309 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (Public Law 104-208; 110 Stat. 3009-625), as amended by
subsection (b), is further amended by adding at the end the following:
``(g) Motions To Reopen Deportation or Removal Proceedings.--
Notwithstanding any limitation imposed by law on motions to reopen
removal or deportation proceedings (except limitations premised on an
alien's conviction of an aggravated felony (as defined in section
101(a) of the Immigration and Nationality Act)), any alien who has
become eligible for cancellation of removal or suspension of
deportation as a result of the amendments made by section 203 of the
Nicaraguan Adjustment and Central American Relief Act may file one
motion to reopen removal or deportation proceedings to apply for
cancellation of removal or suspension of deportation. The Attorney
General shall designate a specific time period in which all such
motions to reopen are required to be filed. The period shall begin not
later than 60 days after the date of the enactment of the Nicaraguan
Adjustment and Central American Relief Act and shall extend for a
period not to exceed 240 days.''.
(d) Temporary Reduction in Diversity Visas.--
(1) Beginning in fiscal year 1999, subject to paragraph (2),
the number of visas available for a fiscal year under section
201(e) of the Immigration and Nationality Act shall be reduced by
5,000 from the number of visas available under that section for
such fiscal year.
(2) In no case shall the reduction under paragraph (1) for a
fiscal year exceed the amount by which--
(A) one-half of the total number of individuals described
in subclauses (I), (II), (III), and (IV) of section
309(c)(5)(C) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 who have adjusted their status to
that of aliens lawfully admitted for permanent residence under
the Nicaraguan Adjustment and Central American Relief Act as of
the end of the previous fiscal year exceeds--
(B) the total of the reductions in available visas under
this subsection for all previous fiscal years.
(e) Temporary Reduction in Other Workers' Visas.--
(1) Beginning in the fiscal year following the fiscal year in
which a visa has been made available under section
203(b)(3)(A)(iii) of the Immigration and Nationality Act for all
aliens who are the beneficiary of a petition approved under section
204 of such Act as of the date of the enactment of this Act for
classification under section 203(b)(3)(A)(iii) of such Act, subject
to paragraph (2), visas available under section 203(b)(3)(A)(iii)
of that Act shall be reduced by 5,000 from the number of visas
otherwise available under that section for such fiscal year.
(2) In no case shall the reduction under paragraph (1) for a
fiscal year exceed the amount by which--
(A) the number computed under subsection (d)(2)(A),
exceeds--
(B) the total of the reductions in available visas under
this subsection for all previous fiscal years.
(f) Effective Date.--The amendments made by this section to the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
shall take effect as if included in the enactment of such Act.
Sec. 204. Limitation on Cancellations of Removal and Suspensions of
Deportation. (a) Annual Limitation.--Section 240A(e) of the Immigration
and Nationality Act (8 U.S.C. 1229b(e)) is amended to read as follows:
``(e) Annual Limitation.--
``(1) Aggregate limitation.--Subject to paragraphs (2) and (3),
the Attorney General may not cancel the removal and adjust the
status under this section, nor suspend the deportation and adjust
the status under section 244(a) (as in effect before the enactment
of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996), of a total of more than 4,000 aliens in any fiscal year.
The previous sentence shall apply regardless of when an alien
applied for such cancellation and adjustment, or such suspension
and adjustment, and whether such an alien had previously applied
for suspension of deportation under such section 244(a). The
numerical limitation under this paragraph shall apply to the
aggregate number of decisions in any fiscal year to cancel the
removal (and adjust the status) of an alien, or suspend the
deportation (and adjust the status) of an alien, under this section
or such section 244(a).
``(2) Fiscal year 1997.--For fiscal year 1997, paragraph (1)
shall only apply to decisions to cancel the removal of an alien, or
suspend the deportation of an alien, made after April 1, 1997.
Notwithstanding any other provision of law, the Attorney General
may cancel the removal or suspend the deportation, in addition to
the normal allotment for fiscal year 1998, of a number of aliens
equal to 4,000 less the number of such cancellations of removal and
suspensions of deportation granted in fiscal year 1997 after April
1, 1997.
``(3) Exception for certain aliens.--Paragraph (1) shall not
apply to the following:
``(A) Aliens described in section 309(c)(5)(C)(i) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (as amended by the Nicaraguan Adjustment and Central
American Relief Act).
``(B) Aliens in deportation proceedings prior to April 1,
1997, who applied for suspension of deportation under section
244(a)(3) (as in effect before the date of the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996).''.
(b) Cancellation of Removal and Adjustment of Status for Certain
Nonpermanent Residents.--Section 240A(b) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)) is amended in each of paragraphs
(1) and (2) by striking ``may cancel removal in the case of an alien''
and inserting ``may cancel removal of, and adjust to the status of an
alien lawfully admitted for permanent residence, an alien''.
(c) Recordation of Date.--Section 240A(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1229b(b)(3)) is amended to read as follows:
``(3) Recordation of date.--With respect to aliens who the
Attorney General adjusts to the status of an alien lawfully
admitted for permanent residence under paragraph (1) or (2), the
Attorney General shall record the alien's lawful admission for
permanent residence as of the date of the Attorney General's
cancellation of removal under paragraph (1) or (2).''.
(d) April 1 Effective Date for Aggregate Limitation.--Section
309(c)(7) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat.
3009-627) is amended to read as follows:
``(7) Limitation on suspension of deportation.--After April 1,
1997, the Attorney General may not suspend the deportation and
adjust the status under section 244 of the Immigration and
Nationality Act (as in effect before the title III-A effective
date) of any alien in any fiscal year, except in accordance with
section 240A(e) of such Act. The previous sentence shall apply
regardless of when an alien applied for such suspension and
adjustment.''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208;
110 Stat. 3009-546).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.