[105th Congress Public Law 100]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ100.105]


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          DISTRICT OF COLUMBIA APPROPRIATIONS, FISCAL YEAR 1998

[[Page 111 STAT. 2160]]

Public Law 105-100
105th Congress

                                 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. <<NOTE: Nov. 19, 1997 -  [H.R. 2607]>> 

    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 <<NOTE: District of Columbia 
Appropriations Act, 1998.>> 

                              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.

[[Page 111 STAT. 2161]]

    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.

[[Page 111 STAT. 2162]]

                       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

[[Page 111 STAT. 2163]]

this appropriation for the Chief of Police for the prevention and 
detection of crime: Provided further, <<NOTE: Reports.>>  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, <<NOTE: Reports.>>  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

[[Page 111 STAT. 2164]]

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, <<NOTE: Reports.>>  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, <<NOTE: Reports.>>  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

[[Page 111 STAT. 2165]]

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.

[[Page 111 STAT. 2166]]

                        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

[[Page 111 STAT. 2167]]

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:

[[Page 111 STAT. 2168]]

Provided, <<NOTE: Reports.>>  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, <<NOTE: Expiration date.>>  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

[[Page 111 STAT. 2169]]

(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. <<NOTE: Contracts. Public information.>>  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)).

[[Page 111 STAT. 2170]]

    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. <<NOTE: Reports.>>  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

[[Page 111 STAT. 2171]]

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, <<NOTE: Applicability.>>  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. <<NOTE: Applicability.>>  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

[[Page 111 STAT. 2172]]

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. <<NOTE: Sequestration.>>  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, <<NOTE: Applicability.>>  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) <<NOTE: Records. Public information.>>  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.

[[Page 111 STAT. 2173]]

    (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. <<NOTE: Reports.>>  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.

[[Page 111 STAT. 2174]]

    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. <<NOTE: Applicability.>>  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.

[[Page 111 STAT. 2175]]

            (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. <<NOTE: Abortion.>>  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. <<NOTE: Domestic partners.>>  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. <<NOTE: Reports.>>  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. <<NOTE: Records. Reports.>>  (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

[[Page 111 STAT. 2176]]

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. <<NOTE: Effective date.>>  (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.--

[[Page 111 STAT. 2177]]

            (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

[[Page 111 STAT. 2178]]

        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

[[Page 111 STAT. 2179]]

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. <<NOTE: Reports.>>  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--

[[Page 111 STAT. 2180]]

            (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. <<NOTE: Nation's Capital Bicentennial Designation Act.>>  
(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

[[Page 111 STAT. 2181]]

        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) <<NOTE: Records.>>  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

[[Page 111 STAT. 2182]]

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) <<NOTE: Applicability.>>  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

[[Page 111 STAT. 2183]]

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) <<NOTE: Notice.>>  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) <<NOTE: Severance pay.>>  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) <<NOTE: Listing.>>  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

[[Page 111 STAT. 2184]]

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) <<NOTE: Termination notice.>>  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:

[[Page 111 STAT. 2185]]

    ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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.

[[Page 111 STAT. 2186]]

    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

[[Page 111 STAT. 2187]]

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) <<NOTE: Effective date.>>  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 <<NOTE: Ante, p. 734.>>  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 ) <<NOTE: 40 USC 138.>>  Repeal of Prior Notice Requirement for 
Federal Activities Affecting Real Property in District of Columbia.--

[[Page 111 STAT. 2188]]

Effective <<NOTE: Effective date.>>  October 1, 1997, the Balanced 
Budget Act of 1997 (Public Law 105-33) is amended by striking section 
11715. <<NOTE: 40 USC 138 note.>> 

    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) <<NOTE: Effective date.>>  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. <<NOTE: Effective date.>>  Effective as if included in the 
enactment of subtitle J of title IV of the Balanced Budget Act of 
1997 <<NOTE: 42 USC 1396b note.>>  (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

[[Page 111 STAT. 2189]]

                          (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

[[Page 111 STAT. 2190]]

        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

[[Page 111 STAT. 2191]]

                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.

[[Page 111 STAT. 2192]]

            ``(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

[[Page 111 STAT. 2193]]

                      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 <<NOTE: Nicaraguan Adjustment and Central American Relief 
   Act.>> --CLARIFICATION OF ELIGIBILITY FOR RELIEF FROM REMOVAL AND 
DEPORTATION FOR CERTAIN ALIENS

    Sec. 201. <<NOTE: 8 USC 1101 note.>>  Short Title.--This title may 
be cited as the 
``Nicaraguan Adjustment and Central American Relief Act''.

    Sec. 202. <<NOTE: 8 USC 1255 note.>>  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

[[Page 111 STAT. 2194]]

        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

[[Page 111 STAT. 2195]]

        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

[[Page 111 STAT. 2196]]

            (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) <<NOTE: 8 
        USC 1101 note.>>  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

[[Page 111 STAT. 2197]]

                      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

[[Page 111 STAT. 2198]]

                      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) <<NOTE: 8 USC 1101 note.>>  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) <<NOTE: 8 USC 1101 note.>>  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

[[Page 111 STAT. 2199]]

                          ``(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) <<NOTE: Applicability.>>  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), <<NOTE: 8 USC 1101 
note.>>  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) <<NOTE: 8 USC 1151 note.>>  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) <<NOTE: 8 USC 1153 note.>>  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

[[Page 111 STAT. 2200]]

        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 ) <<NOTE: 8 USC 1101 note.>>  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). <<NOTE: Applicability.>>  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).''.

[[Page 111 STAT. 2201]]

    (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) <<NOTE: 8 USC 1101 note.>>  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) <<NOTE: 8 USC 1229b note.>>  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).

    Approved November 19, 1997.

LEGISLATIVE HISTORY--H.R. 2607 (S. 1156):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-298 (Comm. on Appropriations).
SENATE REPORTS: No. 105-75, accompanying S. 1156 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Oct. 9, considered and passed House.
            Nov. 9, considered and passed Senate, amended.
            Nov. 12, House concurred in certain Senate amendments, with 
                amendments; disagreed to another amendment.
            Nov. 13, Senate concurred in House amendments; receded from 
                its amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
            Nov. 19, Presidential statement.

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