[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.