[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):
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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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