In the Senate of the United States,
November 9, 1997.
Resolved, That the bill from the House of Representa-
tives (H.R. 2607) entitled ‘‘An Act making appropriations for
the government of the District of Columbia and other activi-
ties chargeable in whole or in part against the revenues of
said District for the fiscal year ending September 30, 1998,
and for other purposes.’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
several departments, agencies, corporations and other orga-
nizational units of the Government for the fiscal year 1998,
and for other purposes, namely:
DIVISION A—DISTRICT OF COLUMBIA
APPROPRIATIONS ACT, 1998
The following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
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District of Columbia for the fiscal year ending September
30, 1998, and for other purposes, to be effective as if it had
been enacted into law as the regular appropriations Act,
namely:
TITLE I—FISCAL YEAR 1998 APPROPRIATIONS
FEDERAL FUNDS
FEDERAL PAYMENT FOR MANAGEMENT REFORM
For payment to the District of Columbia, as author-
ized by section 11103(c) of the National Capital Revitaliza-
tion and Self-Government Improvement Act of 1997, Public
Law 105–33, $8,000,000, to remain available until Septem-
ber 30, 1999, which shall be deposited into an escrow ac-
count of the District of Columbia Financial Responsibility
and Management Assistance Authority and shall be dis-
bursed from such escrow account pursuant to the instruc-
tions 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 depos-
ited into an escrow account held by the District of Columbia
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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COR-
RECTIONS 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 Judi-
cial Administration in the District of Columbia for oper-
ation 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 appor-
tionments approved by the Office of Management and Budg-
et, with payroll and financial services to be provided on
a contractual basis with the General Services Administra-
tion, said services to include the preparation and submis-
sion 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
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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 ad-
ditional 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 avail-
able 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 Na-
tional Capital Revitalization and Self-Government Im-
provement Act of 1997.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
DIVISION OF EXPENSES
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the gen-
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eral 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 Com-
mission and Statehood Compact Commission: Provided fur-
ther, 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.
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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 Improve-
ment Districts Act of 1996, effective May 29, 1996 (D.C.
Law 11–134; D.C. Code, sec. 1–2271 et seq.), and the Busi-
ness 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, in-
cluding 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 De-
partment 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
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the cost of the replacement: Provided further, That not to
exceed $500,000 shall be available from this appropriation
for the Chief of Police for the prevention and detection of
crime: Provided further, That the Metropolitan Police De-
partment 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 dele-
gated 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 ap-
proval 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 nec-
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essary for reimbursement to the District of Columbia Na-
tional 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 as-
signed to the Executive Protection Unit, until the Chief of
Police submits a recommendation to the Council for its re-
view: 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 author-
ized by the District of Columbia Council and the District
of Columbia Financial Responsibility and Management As-
sistance Authority, which funding will be made available
as savings achieved through actions within the appro-
priated budget: Provided further, That, commencing on De-
cember 31, 1997, the Metropolitan Police Department shall
provide to the Committees on Appropriations of the Senate
and House of Representatives, the Committee on Govern-
mental Affairs of the Senate, and the Committee on Govern-
ment Reform and Oversight of the House of Representatives,
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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 Transi-
tional Education Board of Trustees reports to Congress as
provided in the preceding proviso, the Emergency Transi-
tional Education Board of Trustees shall take appropriate
steps to provide public charter schools with assistance to
meet all capital expenses in a manner that is equitable with
respect to assistance provided to other District of Columbia
public schools: Provided further, That the Emergency Tran-
sitional Education Board of Trustees shall report to Con-
gress not later than November 1, 1998, on the implementa-
tion of their policy to give preference to newly created Dis-
trict 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 Dis-
trict 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 (in-
cluding $1,704,000 from local funds and $353,000 from
Federal funds) for the Commission on the Arts and Human-
ities: Provided further, That the public schools of the Dis-
trict of Columbia are authorized to accept not to exceed 31
motor vehicles for exclusive use in the driver education pro-
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gram: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the
University of the District of Columbia, and $2,000 for the
Public Librarian shall be available from this appropriation
for official purposes: Provided further, That not less than
$1,200,000 shall be available for local school allotments in
a restricted line item: Provided further, That not less than
$4,500,000 shall be available to support kindergarten aides
in a restricted line item: Provided further, That not less
than $2,800,000 shall be available to support substitute
teachers in a restricted line item: Provided further, That
not less than $1,788,000 shall be available in a restricted
line item for school counselors: Provided further, That this
appropriation shall not be available to subsidize the edu-
cation 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 non-
resident tuition rate charged at comparable public institu-
tions 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
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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 Co-
lumbia employees’ disability compensation: Provided fur-
ther, 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 govern-
ment services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar serv-
ices to any legally constituted private nonprofit organiza-
tion (as defined in section 411(5) of Public Law 100–77,
approved July 22, 1987) providing emergency shelter serv-
ices 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-carry-
ing vehicle for use by the Mayor and three passenger-carry-
ing vehicles for use by the Council of the District of Colum-
bia 
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
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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, oper-
ation, and maintenance of two mechanical street sweepers,
one flusher truck, five packer trucks, one front-end loader,
and various public litter containers: Provided further, That
$2,400,000 shall be available for recycling activities.
FINANCING AND OTHER USES
Financing and other uses, $454,773,000 (including for
payment to the Washington Convention Center, $5,400,000
from local funds; reimbursement to the United States of
funds loaned in compliance with An Act to provide for the
establishment of a modern, adequate, and efficient hospital
center in the District of Columbia, approved August 7, 1946
(60 Stat. 896; Public Law 79–648); section 1 of An Act
to authorize the Commissioners of the District of Columbia
to borrow funds for capital improvement programs and to
amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation’s
Capital City, approved June 6, 1958 (72 Stat. 183; Public
Law 85–451; D.C. Code, sec. 9–219); section 4 of An Act
to authorize the Commissioners of the District of Columbia
to plan, construct, operate, and maintain a sanitary sewer
to connect the Dulles International Airport with the Dis-
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trict 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 inter-
est 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 Dis-
trict 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 Par-
ticipation 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 Depart-
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ment of Corrections, $8,000,000 for the Public Schools,
$50,000 for the Public Library, $260,000 for the Depart-
ment 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
Enterprises and other uses, $15,725,000 (including for
the Cable Television Enterprise Fund, established by the
Cable Television Communications Act of 1981, effective Oc-
tober 22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–1801
et seq.), $2,467,000 (including $2,135,000 from local funds
and $332,000 from other funds); for the Public Service
Commission, $4,547,000 (including $4,250,000 from local
funds, $117,000 from Federal funds, and $180,000 from
other funds); for the Office of the People’s Counsel,
$2,428,000 from local funds; for the Office of Banking and
Financial Institutions, $600,000 (including $100,000 from
local funds and $500,000 from other funds); for the Depart-
ment 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 Washing-
ton Aqueduct, $297,310,000 from other funds (including
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$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 Dis-
trict’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 De-
cember 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: Pro-
vided, That the District of Columbia shall identify the
source of funding for this appropriation title from the Dis-
trict’s own locally-generated revenues: Provided further,
That no revenues from Federal sources shall be used to sup-
port the operations or activities of the Lottery and Chari-
table 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
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of Columbia Armory Board, and for other purposes, ap-
proved 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, estab-
lished by Reorganization Order No. 57 of the Board of Com-
missioners, 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 ap-
plicable retirement funds to pay legal, management, invest-
ment, and other fees and administrative expenses of the Dis-
trict of Columbia Retirement Board: Provided, That the
District of Columbia Retirement Board shall provide to the
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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 Dis-
trict of Columbia Retirement Board shall provide the
Mayor, for transmittal to the Council of the District of Co-
lumbia, an itemized accounting of the planned use of appro-
priated 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 Establish-
ment 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 sec-
tion 101(a) of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995, approved
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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 limi-
tations established under the Financial Management Sys-
tem: Provided further, That all funds provided by this ap-
propriation title shall be available only for the specific
projects and purposes intended: Provided further, That not-
withstanding the foregoing, all authorizations for capital
outlay projects, except those projects covered by the first sen-
tence 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 Sep-
tember 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 expi-
ration of any such project authorization, the funds provided
herein for the project shall lapse.
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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 As-
sistance Authority (hereafter in this section referred to as
‘‘Authority’’), which shall allocate the funds to the Mayor,
or such other District official as the Authority may deem
appropriate, at such intervals and in accordance with such
terms and conditions as the Authority considers appro-
priate: Provided, That these funds shall only be used for
reduction of the accumulated general fund deficit; capital
expenditures, including debt service; and management and
productivity improvements, as allocated by the Authority:
Provided further, That no funds may be obligated until a
plan for their use is approved by the Authority: Provided
further, That the Authority shall inform the Committees on
Appropriations of the Senate and House of Representatives,
the Committee on Governmental Affairs of the Senate, and
the Committee on Government Reform and Oversight of the
House of Representatives of the approved plans.
GENERAL PROVISIONS
SECTION 101. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter of
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public record and available for public inspection, except
where otherwise provided under existing law, or under ex-
isting Executive order issued pursuant to existing law.
SEC. 102. Except as otherwise provided in this Act,
all vouchers covering expenditures of appropriations con-
tained 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 avail-
able, when authorized by the Mayor, for allowances for pri-
vately-owned automobiles and motorcycles used for the per-
formance 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 Fed-
eral 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 organi-
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zations 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 author-
ization by the Mayor.
SEC. 106. There are appropriated from the applicable
funds of the District of Columbia such sums as may be nec-
essary for making refunds and for the payment of judg-
ments that have been entered against the District of Colum-
bia government: Provided, That nothing contained in this
section shall be construed as modifying or affecting the pro-
visions of section 11(c)(3) of title XII of the District of Co-
lumbia Income and Franchise Tax Act of 1947, approved
March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C.
Code, sec. 47–1812.11(c)(3)).
SEC. 107. Appropriations in this Act shall be available
for the payment of public assistance without reference to
the requirement of section 544 of the District of Columbia
Public Assistance Act of 1982, effective April 6, 1982 (D.C.
Law 4–101; D.C. Code, sec. 3–205.44), and for the non-Fed-
eral share of funds necessary to qualify for Federal assist-
ance under the Juvenile Delinquency Prevention and Con-
trol Act of 1968, approved July 31, 1968 (82 Stat. 462;
Public Law 90–445; 42 U.S.C. 3801 et seq.).
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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 edu-
cational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encour-
age, facilitate, or further partisan political activities. Noth-
ing herein is intended to prohibit the availability of school
buildings for the use of any community or partisan politi-
cal 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 Com-
mittees on Appropriations, the Subcommittee on the Dis-
trict 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 Af-
fairs, 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 nec-
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essary for making payments authorized by the District of
Columbia Revenue Recovery Act of 1977, effective Septem-
ber 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et
seq.).
SEC. 112. No part of this appropriation shall be used
for publicity or propaganda purposes or implementation of
any policy including boycott designed to support or defeat
legislation pending before Congress or any State legislature.
SEC. 113. At the start of the fiscal year, the Mayor
shall develop an annual plan, by quarter and by project,
for capital outlay borrowings: Provided, That within a rea-
sonable 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 com-
pared with projections.
SEC. 114. The Mayor shall not borrow any funds for
capital projects unless the Mayor has obtained prior ap-
proval from the Council of the District of Columbia, by reso-
lution, 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
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pursuant to advance approval of the reprogramming grant-
ed according to the procedure set forth in the Joint Explan-
atory Statement of the Committee of Conference (House Re-
port No. 96–443), which accompanied the District of Co-
lumbia Appropriation Act, 1980, approved October 30,
1979 (93 Stat. 713; Public Law 96–93), as modified in
House Report No. 98–265, and in accordance with the Re-
programming Policy Act of 1980, effective September 16,
1980 (D.C. Law 3–100; D.C. Code, sec. 47–361 et seq.): Pro-
vided, 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 Environ-
mental Protection Agency estimated miles per gallon aver-
age of less than 22 miles per gallon: Provided, That this
section shall not apply to security, emergency rescue, or ar-
mored vehicles.
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SEC. 119. (a) Notwithstanding section 422(7) of the
District of Columbia Home Rule Act of 1973, approved De-
cember 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 lim-
iting 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 posi-
tion 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 Co-
lumbia 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 Colum-
bia Redevelopment Land Agency shall be paid, during any
fiscal year, per diem compensation at a rate established by
the Mayor.
SEC. 120. Notwithstanding any other provisions of
law, the provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March
3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),
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enacted pursuant to section 422(3) of the District of Colum-
bia 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 Adminis-
trative Services may pay rentals and repair, alter, and im-
prove rented premises, without regard to the provisions of
section 322 of the Economy Act of 1932 (Public Law 72–
212; 40 U.S.C. 278a), based upon a determination by the
Director that, by reason of circumstances set forth in such
determination, the payment of these rents and the execution
of this work, without reference to the limitations of section
322, is advantageous to the District in terms of economy,
efficiency, and the District’s best interest.
SEC. 122. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 1998,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year 1998
revenue estimates as of the end of the first quarter of fiscal
year 1998. These estimates shall be used in the budget re-
quest for the fiscal year ending September 30, 1999. The
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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 re-
newed 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 con-
tracts 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 accord-
ance with duly promulgated rules and procedures and said
determination has been reviewed and approved by the Dis-
trict of Columbia Financial Responsibility and Manage-
ment 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 synony-
mous with and refer specifically to each account appro-
priating 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 se-
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questration 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, ap-
proved December 12, 1985 (99 Stat. 1037; Public Law 99–
177), as amended.
SEC. 125. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat.
1037; Public Law 99–177), as amended, after the amounts
appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Sec-
retary of the Treasury, within 15 days after receipt of a
request therefor from the Secretary of the Treasury, such
amounts as are sequestered by the order: Provided, That the
sequestration percentage specified in the order shall be ap-
plied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Defi-
cit 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—
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(1) the Mayor approves the acceptance and use
of the gift or donation: Provided, That the Council of
the District of Columbia may accept and use gifts
without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry
out its authorized functions or duties.
(b) Each entity of the District of Columbia government
shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this
section, and shall make such records available for audit and
public inspection.
(c) For the purposes of this section, the term ‘‘entity
of the District of Columbia government’’ includes an inde-
pendent agency of the District of Columbia.
(d) This section shall not apply to the District of Co-
lumbia 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 of-
fices of United States Senator or United States Representa-
tive under section 4(d) of the District of Columbia State-
hood Constitutional Convention Initiatives of 1979, effective
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March 10, 1981 (D.C. Law 3–171; D.C. Code, sec. 1–
113(d)).
SEC. 128. The University of the District of Columbia
shall submit to the Congress, the Mayor, the District of Co-
lumbia Financial Responsibility and Management Assist-
ance 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 bro-
ken out on the basis of control center, responsibility
center, and object class, and for all funds, non-appro-
priated 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 respon-
sibility 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
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amount of the contract and total payments made for
the contract and any modifications, extensions, re-
newals; and specific modifications made to each con-
tract 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 orga-
nizational structure of the University of the District
of Columbia, displaying previous and current control
centers and responsibility centers, the names of the or-
ganizational entities that have been changed, the
name of the staff member supervising each entity af-
fected, and the reasons for the structural change.
SEC. 129. Funds authorized or 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 avail-
able for the acquisition of accounting and financial man-
agement services and the leasing of necessary hardware,
software or any other related goods or services, as deter-
mined by the District of Columbia Financial Responsibility
and Management Assistance Authority.
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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 ‘‘Dis-
trict of Columbia Financial Responsibility and
Management Assistance Authority’’; and
(C) striking ‘‘Committee on the District of
Columbia’’ and inserting ‘‘Committee on Govern-
ment Reform and Oversight’’;
(2) in subsection (b)(1), by—
(A) striking ‘‘1997’’ and inserting ‘‘1999’’;
(B) striking ‘‘Mayor’’ and inserting ‘‘Au-
thority’’; and
(C) striking ‘‘Committee on the District of
Columbia’’ and inserting ‘‘Committee on Govern-
ment Reform and Oversight’’;
(3) in subsection (b)(3), by striking ‘‘Committee
on the District of Columbia’’ and inserting ‘‘Commit-
tee on Government Reform and Oversight’’;
(4) in subsection (c)(1), by—
(A) striking ‘‘1995’’ and inserting ‘‘1997’’;
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(B) striking ‘‘Mayor’’ and inserting ‘‘Chief
Financial Officer’’; and
(C) striking ‘‘Committee on the District of
Columbia’’ and inserting ‘‘Committee on Govern-
ment 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 Govern-
ment Reform and Oversight’’;
(6) in subsection (c)(2)(B), by striking ‘‘Commit-
tee on the District of Columbia’’ and inserting ‘‘Com-
mittee 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 Govern-
ment Reform and Oversight’’.
SEC. 131. For purposes of the appointment of the head
of a department of the government of the District of Colum-
bia under section 11105(a) of the National Capital Revital-
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ization 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 nomina-
tion of an individual for appointment, the Council
shall meet to determine whether to confirm or reject
the nomination.
(2) If the Council fails to confirm or reject the
nomination during the 7-day period described in
paragraph (1)(A)(iii) of such section, the Council
shall be deemed to have confirmed the nomination.
(3) For purposes of paragraph (1)(B) of such
section, if the Council does not confirm a nomination
(or is not deemed to have confirmed a nomination)
during the 30-day period described in such para-
graph, the Mayor shall be deemed to have failed to
nominate an individual during such period to fill the
vacancy in the position of the head of the department.
SEC. 132. None of the funds appropriated under this
Act shall be expended for any abortion except where the life
of the mother would be endangered if the fetus were carried
to term or where the pregnancy is the result of an act of
rape or incest.
SEC. 133. None of the funds made available in this
Act may be used to implement or enforce the Health Care
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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), in-
cluding but not limited to registration for the purpose of
extending employment, health, or governmental benefits to
such couples on the same basis as such benefits are extended
to legally married couples.
SEC. 134. The Emergency Transitional Education
Board of Trustees shall submit to the Congress, the Mayor,
the District of Columbia Financial Responsibility and
Management Assistance Authority, and the Council of the
District of Columbia no later than fifteen (15) calendar
days after the end of each month a report that sets forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections versus budget bro-
ken 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;
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(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, responsibil-
ity 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, exten-
sions, 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 orga-
nizational structure of the D.C. Public Schools, dis-
playing previous and current control centers and re-
sponsibility centers, the names of the organizational
entities that have been changed, the name of the staff
member supervising each entity affected, and the rea-
sons for the structural change.
SEC. 135. (a) IN GENERAL.—The Emergency Transi-
tional Education Board of Trustees of the District of Co-
lumbia and the University of the District of Columbia shall
annually compile an accurate and verifiable report on the
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positions and employees in the public school system and
the university, respectively. The annual report shall set
forth—
(1) the number of validated schedule A positions
in the District of Columbia Public Schools and the
University of the District of Columbia for fiscal year
1997, fiscal year 1998, and thereafter on a full-time
equivalent basis, including a compilation of all posi-
tions 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 sub-
section (a) of this section shall be submitted to the Congress,
the Mayor, the District of Columbia Council, the Consensus
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Commission, and the Authority, not later than February
15 of each year.
SEC. 136. (a) No later than October 1, 1997, or within
15 calendar days after the date of the enactment of the Dis-
trict of Columbia Appropriations Act, 1998, whichever oc-
curs later, and each succeeding year, the Emergency Transi-
tional Education Board of Trustees and the University of
the District of Columbia shall submit to the appropriate
congressional committees, the Mayor, the District of Colum-
bia Council, the Consensus Commission, and the District
of Columbia Financial Responsibility and Management As-
sistance 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 re-
aligns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual ex-
penditures.
(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 sub-
mit to the Mayor of the District of Columbia for inclusion
in the Mayor’s budget submission to the Council of the Dis-
trict of Columbia pursuant to section 442 of the District
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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 EX-
PENSES.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law, the total amount appropriated in
this Act for operating expenses for the District of Co-
lumbia for fiscal year 1998 under the caption ‘‘Divi-
sion of Expenses’’ shall not exceed the lesser of—
(A) the sum of the total revenues of the Dis-
trict of Columbia for such fiscal year; or
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(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 unan-
ticipated operating or capital needs ap-
proved by the District of Columbia Finan-
cial Responsibility and Management Assist-
ance 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 ex-
penditures, and which are approved by the
District of Columbia Financial Responsibil-
ity and Management Assistance Authority.
(C) to the extent that the sum of the total
revenues of the District of Columbia for such fis-
cal year exceed the total amount provided for in
subsection (B) above, the Chief Financial Officer
of the District of Columbia, with the approval of
the District of Columbia Financial Responsibil-
ity and Management Assistance Authority, may
credit up to ten percent (10%) of the amount of
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such difference, not to exceed $3,300,000, to a re-
serve 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 Colum-
bia Financial Responsibility and Management Assist-
ance 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 re-
quirements 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.
(b) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED
IN CEILING.—
(1) IN
GENERAL.—Notwithstanding subsection
(a), the Mayor in consultation with the Chief Finan-
cial Officer of the District of Columbia during a con-
trol year, as defined in section 305(4) of Public Law
104–8, as amended, 109 Stat. 152, may accept, obli-
gate, and expend Federal, private, and other grants
received by the District government that are not re-
flected in the amounts appropriated in this Act.
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(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER
REPORT AND FINANCIAL RESPONSIBILITY AND MAN-
AGEMENT
ASSISTANCE
AUTHORITY
APPROVAL.—No
such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to paragraph (1)
until—
(A) the Chief Financial Officer of the Dis-
trict submits to the Authority a report setting
forth detailed information regarding such grant;
and
(B) the Authority has reviewed and ap-
proved the acceptance, obligation, and expendi-
ture of such grant in accordance with review and
approval procedures consistent with the provi-
sions of the District of Columbia Financial Re-
sponsibility and Management Assistance Act of
1995.
(3) PROHIBITION ON SPENDING IN ANTICIPATION
OF APPROVAL OR RECEIPT.—No amount may be obli-
gated 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.
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(4) MONTHLY REPORTS.—The Chief Financial
Officer of the District of Columbia shall prepare a
monthly report setting forth detailed information re-
garding 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 Rep-
resentatives and the Senate, not later than 15 days
after the end of the month covered by the report.
SEC. 139. The District of Columbia Emergency Tran-
sitional 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 contrac-
tual mechanisms including, but not limited to, utility
demand-side management programs and energy sav-
ings performance contracts and water conservation
performance contracts: Provided, That the terms of
such contracts do not exceed twenty-five 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
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of electricity or gas demand or for energy or water
conservation.
SEC. 140. If a department or agency of the government
of the District of Columbia is under the administration of
a court-appointed receiver or other court-appointed official
during fiscal year 1998 or any succeeding fiscal year, the
receiver or official shall prepare and submit to the Mayor,
for inclusion in the annual budget of the District of Colum-
bia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and oper-
ation 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 Co-
lumbia 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 oth-
erwise made available, $5,000,000 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.
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SEC. 142. The District government shall maintain for
fiscal year 1998 the same funding levels as provided in fis-
cal year 1997 for homeless services in the District of Colum-
bia.
SEC. 143. The District of Columbia Financial Respon-
sibility 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–
99 academic year.
SEC. 144. There are appropriated from applicable
funds of the District of Columbia such sums as may be nec-
essary to hire 12 additional inspectors for the Alcoholic Bev-
erage Commission. Of the additional inspectors, 6 shall
focus their responsibilities on the enforcement of laws relat-
ing 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—
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(1) the District of Columbia’s alcoholic beverage
tax structure and its relation to surrounding jurisdic-
tions;
(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 fre-
quented by children would be useful in deterring un-
derage alcohol consumption.
SEC. 146. Of the amounts appropriated in this Act to
the District of Columbia, funds may be expended to—
(1) hire 5 additional inspectors for the Depart-
ment of Consumer and Regulatory Affairs to focus on
monitoring day care centers and home day care oper-
ations; and
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(2) hire 5 additional Department of Human
Services monitors to focus on selecting quality day
care centers eligible for public financing and monitor-
ing 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, Pub-
lic Law 105–33).
SEC. 147. (a) SHORT TITLE; FINDINGS; PURPOSE.—
(1) SHORT TITLE.—This section may be cited as
the ‘‘Nation’s Capital Bicentennial Designation Act’’.
(2) FINDINGS.—The Senate finds that—
(A) the year 2000 will mark the 200th an-
niversary of Washington, D.C. as the Nation’s
permanent capital, commencing when the Gov-
ernment 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’’;
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(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 numer-
ous parks, fountains, and sweeping avenues de-
signed to reflect a vision as grand and as ambi-
tious as the American experience itself;
(E) the capital city was named after Presi-
dent 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 Abra-
ham 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 Na-
tion’s capital is and remains the shining city on
the hill.
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(3) PURPOSE.—The purposes of this section are
to—
(A) designate the year 2000 as the ‘‘Year of
National Bicentennial Celebration for Washing-
ton, D.C.—the Nation’s Capital’’; and
(B) establish the Presidents’ Day holiday in
the year 2000 as a day of national celebration
for the 200th anniversary of Washington, D.C.
(b) NATION’S CAPITAL NATIONAL BICENTENNIAL.—
(1) IN GENERAL.—The year 2000 is designated
as the ‘‘Year of the National Bicentennial Celebration
for Washington, D.C.—the Nation’s Capital’’ and the
Presidents’ Day Federal holiday in the year 2000 is
designated as a day of national celebration for the
200th anniversary of Washington, D.C.
(2) SENSE OF THE SENATE.—It is the sense of
the Senate that all Federal entities should coordinate
with and assist the Nation’s Capital Bicentennial
Celebration, a nonprofit 501(c)(3) entity, organized
and operating pursuant to the laws of the District of
Columbia, to ensure the success of events and projects
undertaken to renew and celebrate the bicentennial of
the establishment of Washington, D.C. as the Nation’s
capital.
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SEC. 148. Notwithstanding section 602(c)(1) of the
District of Columbia Home Rule Act (sec. 1–233(c)(1), D.C.
Code), 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 Re-
sponsibility 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 Co-
lumbia Public Schools shall be—
(1) classified as an Educational Service em-
ployee;
(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 pur-
poses.
SEC. 150. (a) RESTRICTIONS ON USE OF OFFICIAL VE-
HICLES.—(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
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in the performance of the officer’s or employee’s official du-
ties. For purposes of this paragraph, the term ‘‘official du-
ties’’ does not include travel between the officer’s or employ-
ee’s residence and workplace (except in the case of a police
officer who resides in the District of Columbia).
(2) The Chief Financial Officer of the District of Co-
lumbia 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 in-
ventory 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; cur-
rent 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 gov-
ernment attributable to any officer or employee of the Dis-
trict government who provides services which are within the
authority and jurisdiction of the entity (including any por-
tion of the compensation paid to the officer or employee at-
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tributable to the time spent in providing such services) shall
be treated as expenditures made from the entity’s budget,
without regard to whether the officer or employee is assigned
to the entity or otherwise treated as an officer or employee
of the entity.
(c) RESTRICTING PROVIDERS FROM WHOM EMPLOY-
EES MAY RECEIVE DISABILITY COMPENSATION SERV-
ICES.—
(1) IN GENERAL.—Section 2303(a) of the Dis-
trict 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 in-
serting the following:
‘‘(3) By or on the order of the District of Colum-
bia government medical officers and hospitals, or by
or on the order of a physician or managed care orga-
nization 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 (in-
cluding reasonable transportation incident thereto) by a
managed care organization or other health care provider
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designated by the Mayor, in accordance with such rules,
regulations, and instructions as the Mayor considers appro-
priate.
‘‘(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 Employ-
ees’ Compensation Fund.
‘‘(3) Any medical service provided pursuant to this
subsection shall be subject to utilization review under sec-
tion 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 sub-
section (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 profes-
sionals organized to and capable of providing systematic
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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 med-
ical 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 affili-
ated with a managed care organization.’’.
(5) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to services,
supplies, or appliances furnished under title XXIII of
the District of Columbia Merit Personnel Act of 1978
on or after the date of the enactment of this Act.
(d) MODIFICATION OF REDUCTION IN FORCE PROCE-
DURES.—The District of Columbia Government Com-
prehensive Merit Personnel Act of 1978 (D.C. Code, sec. 1–
601.1 et seq.), as amended by section 140(b) of the District
of Columbia Appropriations Act, 1997 (Public Law 104–
194), is amended by adding at the end the following new
section:
‘‘SEC. 2408. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR
1998.
‘‘(a) Notwithstanding any other provision of law, regu-
lation, or collective bargaining agreement either in effect
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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 iden-
tify positions for abolishment.
‘‘(b) Prior to February 1, 1998, each personnel author-
ity (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 estab-
lished by any other provision of this title, any District gov-
ernment employee, regardless of date of hire, who encumbers
a position identified for abolishment shall be separated
without competition or assignment rights, except as pro-
vided in this section.
‘‘(d) An employee affected by the abolishment of a posi-
tion 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 lim-
ited to positions in the employee’s competitive level.
‘‘(e) Each employee selected for separation pursuant
to this section shall be given written notice of at least 30
days before the effective date of his or her separation.
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‘‘(f) Neither the establishment of a competitive area
smaller than an agency, nor the determination that a spe-
cific 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 contest-
ing 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 Em-
ployee Appeals an appeal contesting that the separa-
tion procedures of subsections (d) and (f) were not
properly applied.
‘‘(g) An employee separated pursuant to this section
shall be entitled to severance pay in accordance with title
XI of this Act, except that the following shall be included
in computing creditable service for severance pay for em-
ployees 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 af-
fect an employee’s rights under either the Agency Reemploy-
ment Priority Program or the Displaced Employee Pro-
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gram established pursuant to Chapter 24 of the District
Personnel Manual.
‘‘(i) With respect to agencies which are not subject to
a management reform plan under subtitle B of title XI of
the Balanced Budget Act of 1997, the Mayor shall submit
to the Council a listing of all positions to be abolished by
agency and responsibility center by March 1, 1998 or upon
the delivery of termination notices to individual employees.
‘‘(j) Notwithstanding the provisions of section 1708 or
section 2402(d), the provisions of this Act shall not be
deemed negotiable.
‘‘(k) A personnel authority shall cause a 30-day termi-
nation 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 man-
agement reform plan under subtitle B of title XI of the Bal-
anced Budget Act of 1997, the authority provided by this
section shall be exercised to carry out the agency’s manage-
ment reform plan, and this section shall otherwise be imple-
mented 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
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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 avail-
able in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending
the assistance, purchase only American-made equip-
ment 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 pro-
vide to each recipient of the assistance a notice de-
scribing 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 agen-
cy 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
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the United States that is not made in the United States,
the person shall be ineligible to receive any contract or sub-
contract made with funds made available in this Act, pur-
suant to the debarment, suspension, and ineligibility proce-
dures 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 Co-
lumbia 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 ANNU-
ITIES PAID TO CHILD SURVIVORS OF DISTRICT OF COLUM-
BIA POLICE AND FIREFIGHTERS.—
(1) IN GENERAL.—Subsection (k)(5) of the Po-
licemen and Firemen’s Retirement and Disability Act
(D.C. Code, sec. 4–622(e)) is amended by adding at
the end the following new subparagraph:
‘‘(D) If the annuity of a child under subparagraph (A)
or subparagraph (B) terminates because of marriage and
such marriage ends, the annuity shall resume on the first
day of the month in which it ends, but only if the individ-
ual is not otherwise ineligible for the annuity.’’.
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(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) shall apply with respect to any termi-
nation of marriage taking effect on or after November
1, 1993, except that benefits shall be payable only
with respect to amounts accruing for periods begin-
ning 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 Dis-
trict of Columbia shall annually review and adjust the
amount of the monthly assistance payment that may be
made under the Temporary Assistance for Needy Families
Program so that such payment is comparable with the
monthly assistance payments made under such program in
Maryland and Virginia counties that are contiguous to the
District of Columbia.
(b) EFFECTIVE DATE.—Subsection (a) shall apply
with respect to fiscal year 1998 and each succeeding fiscal
year.
SEC. 154. Effective as if included in the enactment of
the Omnibus Consolidated Rescissions and Appropriations
Act of 1996, section 517 of such Act (110 Stat. 1321–248)
is amended by striking ‘‘October 1, 1991’’ and inserting
‘‘the date of the enactment of this Act’’.
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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 descrip-
tion 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 Colum-
bia 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 quar-
ter 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 bargain-
ing agreement, any payment made by the District of Co-
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lumbia after the expiration of the 45-day period which be-
gins on the date of the enactment of this Act to any person
shall be made by—
(1) direct deposit through electronic funds trans-
fer to a checking, savings, or other account designated
by the person; or
(2) a check delivered through the United States
Postal Service to the person’s place of residence or
business.
(b) REGULATIONS.—The Chief Financial Officer of the
District of Columbia is authorized to issue rules to carry
out this section.
SEC. 157. (a) DEPOSIT OF ANNUAL FEDERAL CON-
TRIBUTION WITH AUTHORITY.—
(1) IN GENERAL.—The District of Columbia Fi-
nancial Responsibility and Management Assistance
Act of 1995, as amended by section 11601(b)(2) of the
Balanced Budget Act of 1997, is amended by insert-
ing 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 Sec-
retary of the Treasury shall deposit any Federal con-
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tribution to the District of Columbia for the year au-
thorized 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 estab-
lishing such terms and conditions, the Authority shall
give priority to using the Federal contribution for
cash flow management and the payment of outstand-
ing bills owed by the District government.
‘‘(2) EXCEPTION FOR AMOUNTS WITHHELD FOR
ADVANCES.—Paragraph (1) shall not apply with re-
spect to any portion of the Federal contribution which
is withheld by the Secretary of the Treasury in ac-
cordance with section 605(b)(2) of title VI of the Dis-
trict 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 AC-
CORDANCE 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
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established by the Authority at the time the funds are allo-
cated.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents 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 enti-
tled ‘‘An Act to authorize the Commissioners of the District
of Columbia to prescribe penalties for the handling and col-
lection 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 obliga-
tion.’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(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
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subsequently dishonored or not duly paid. In a case in
which the amount of a dishonored or unpaid check is col-
lected as a result of an action at law or in equity, such
costs and expenses shall include litigation expenses and at-
torney’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 con-
tract with the Mayor.
‘‘(e) Nothing in this section may be construed to elimi-
nate the Mayor’s exclusive authority with respect to any
obligations and liabilities of the District of Columbia.’’.
(c) CONFORMING REFERENCES TO INTERNAL REVE-
NUE CODE OF 1986.—Section 4(28A) of the District of Co-
lumbia 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
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August 20, 1996. The provisions of the Internal Reve-
nue 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 RE-
VIEW
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 recommenda-
tion.’’.
(e) TECHNICAL CORRECTIONS RELATING
TO BAL-
ANCED BUDGET ACT OF 1997.—(1) Effective as if included
in the enactment of the Balanced Budget Act of 1997, sec-
tion 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 appro-
priated or otherwise made available to the Council, the Dis-
trict of Columbia Financial Responsibility and Manage-
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ment Assistance Authority established under section 101(a)
of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995, or the District of Co-
lumbia Water and Sewer Authority established pursuant to
the Water and Sewer Authority Establishment and Depart-
ment of Public Works Reorganization Act of 1996.’’.
(2) Section 11201(g)(2)(A)(ii) of the Balanced Budget
Act of 1997 is amended—
(A) in the heading, by striking ‘‘DEPARTMENT
OF PARKS AND RECREATION’’ and inserting ‘‘PARKS
AUTHORITY’’; and
(B) by striking ‘‘Department of Parks and
Recreation’’ and inserting ‘‘Parks Authority’’.
(f) REPEAL OF PRIOR NOTICE REQUIREMENT FOR
FEDERAL ACTIVITIES AFFECTING REAL PROPERTY IN DIS-
TRICT OF COLUMBIA.—Effective October 1, 1997, the Bal-
anced Budget Act of 1997 (Public Law 105–33) is amended
by striking section 11715.
SEC. 158. Notwithstanding any provision of any Fed-
erally-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 simi-
lar organization.
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SEC. 159. (a) Section 501(c)(4) of the District of Co-
lumbia Police and Firemen’s Act of 1958 (D.C. Code, sec.
4–416(c)(4)) is amended by striking ‘‘locality pay’’ and in-
serting ‘‘longevity pay’’.
(b) The amendment made by subsection (a) is effective
on the date of enactment of Public Law 105–61.
SEC. 160. In addition to amounts appropriated or oth-
erwise made available, $3,000,000 is appropriated for the
purpose of funding a Medicare Coordinated Care Dem-
onstration 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 Co-
lumbia Financial Responsibility and Management Assist-
ance Authority (hereafter in this section referred to as ‘‘Au-
thority’’). Appropriations made by this Act for such pro-
grams or functions are conditioned only on the approval
by the Authority of the required reorganization plans.
SEC. 162. Effective as if included in the enactment of
subtitle J of title IV of the Balanced Budget Act of 1997
(Public Law 105–33) the Social Security Act is amended
as follows:
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(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 sec-
tion 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 ‘‘para-
graph (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 ‘op-
tional targeted low-income child’ means a targeted low-in-
come 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
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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 sub-
paragraph’’ and inserting ‘‘described in this
paragraph’’; and
(ii) by striking ‘‘April 15, 1997’’ and
inserting ‘‘March 31, 1997’’; and
(E) by adding at the end the following:
‘‘(4) The limitations on payment under subsections (f)
and (g) of section 1108 shall not apply to Federal payments
made under section 1903(a)(1) based on an enhanced
FMAP described in section 2105(b).’’.
(3) Section 2110(b) of such Act (42 U.S.C.
1397jj(b)) is amended—
(A) in paragraph (1)(B)(ii) to read as fol-
lows:
‘‘(ii) is a child—
‘‘(I) whose family income (as deter-
mined under the State child health plan))
exceeds the medicaid applicable income level
(as defined in paragraph (4)), but does not
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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 sec-
tion 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 expendi-
tures claimed by the State’’; and
(B) by striking subsection (d)(2) and insert-
ing the following:
‘‘(2) the amount (if any) of the payments made
to that State under section 1903(a) for expenditures
claimed by the State during such fiscal year that is
attributable to the provision of medical assistance to
a child for which payment is made under section
1903(a)(1) on the basis of an enhanced FMAP under
the fourth sentence of section 1905(b).’’.
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(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 ‘‘Sub-
ject 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 in-
serting ‘‘2791’’.
SEC. 163. The Administrator of General Services is
authorized to amend the use restriction contained in the
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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 prop-
erty to state veterans, nursing homes and public safety com-
munications 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 employ-
ees 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 Man-
agement Assistance Authority, $2,600,000, for the Fire and
Emergency Medical Services Department for a 5 percent
pay increase for uniformed fire fighters.
SEC. 166. During fiscal year 1998, from funds avail-
able to the Department of Defense, up to $800,000 is avail-
able to the Department of Defense to compensate persons
who have suffered documented commercial loss of cranberry
crops in 1997 in the Mashpee or Falmouth bogs, located
on the Quashnet and Coonamessett Rivers, respectively, as
a result of the presence of ethylene dibromide (EDB) in or
on cranberries from either of the plumes of EDB-contami-
nated groundwater known as ‘‘FS 28’’ and ‘‘FS–1’’ adja-
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cent to the Massachusetts Military Reservation, Cape Cod,
Massachusetts.
TITLE II—CLARIFICATION OF ELIGIBILITY FOR
RELIEF FROM REMOVAL AND DEPORTATION
FOR CERTAIN ALIENS
SEC. 201. SHORT TITLE.—This title may be cited as
the ‘‘Nicaraguan Adjustment and Central American Relief
Act’’.
SEC. 202. ADJUSTMENT OF STATUS OF CERTAIN NICA-
RAGUANS 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 immi-
grant 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 Immi-
gration and Nationality Act shall not apply.
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(2) RELATIONSHIP OF APPLICATION TO CERTAIN
ORDERS.—An alien present in the United States who
has been ordered excluded, deported, removed, or or-
dered to depart voluntarily from the United States
under any provision of the Immigration and Nation-
ality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an
alien may not be required, as a condition of submit-
ting or granting such application, to file a separate
motion to reopen, reconsider, or vacate such order. If
the Attorney General grants the application, the At-
torney 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 STA-
TUS.—
(1) IN GENERAL.—The benefits provided by sub-
section (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 end-
ing not earlier than the date the application for ad-
justment under such subsection is filed, except an
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alien shall not be considered to have failed to main-
tain continuous physical presence by reason of an ab-
sence, or absences, from the United States for any pe-
riods in the aggregate not exceeding 180 days.
(2) PROOF OF COMMENCEMENT OF CONTINUOUS
PRESENCE.—For purposes of establishing that the pe-
riod 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 Immigra-
tion and Nationality Act (as in effect prior
to April 1, 1997);
(iii) was placed in exclusion proceed-
ings 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;
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(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 sub-
section (a).
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Attorney General shall not order
any alien to be removed from the United States, if the
alien is in exclusion, deportation, or removal proceed-
ings under any provision of such Act and has applied
for adjustment of status under subsection (a), except
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where the Attorney General has rendered a final ad-
ministrative determination to deny the application.
(3) WORK AUTHORIZATION.—The Attorney Gen-
eral may authorize an alien who has applied for ad-
justment 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 em-
ployment, except that if such application is pending
for a period exceeding 180 days, and has not been de-
nied, the Attorney General shall authorize such em-
ployment.
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHIL-
DREN.—
(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 per-
manent residence, if—
(A) the alien is a national of Nicaragua or
Cuba;
(B) the alien is the spouse, child, or unmar-
ried son or daughter, of an alien whose status is
adjusted to that of an alien lawfully admitted for
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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 pe-
riod, beginning not later than December 1, 1995,
and ending not earlier than the date the applica-
tion 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, ex-
cept 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—
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(A) shall demonstrate that such period com-
menced 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 ex-
ceeding 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 proce-
dures for, administrative review as are provided to—
(1) applicants for adjustment of status under
section 245 of the Immigration and Nationality Act;
or
(2) aliens subject to removal proceedings under
section 240 of such Act.
(f) LIMITATION ON JUDICIAL REVIEW.—A determina-
tion 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
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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 pro-
vided in this section, the definitions contained in the Immi-
gration and Nationality Act shall apply in the administra-
tion 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 provi-
sion of law for which the alien may be eligible.
SEC. 203. MODIFICATION OF CERTAIN TRANSITION
RULES. (a) TRANSITIONAL RULES WITH REGARD TO SUS-
PENSION OF DEPORTATION.—
(1) IN GENERAL.—Section 309(c)(5) of the Ille-
gal Immigration Reform and Immigrant Responsibil-
ity Act of 1996 (Public Law 104–208; division C; 110
Stat. 3009–627) is amended to read as follows:
‘‘(5) TRANSITIONAL
RULES
WITH
REGARD
TO
SUSPENSION OF DEPORTATION.—
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fect 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 National-
ity 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 bene-
fits 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 tem-
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porary protected status on or be-
fore October 31, 1991; or
‘‘(bb) a Guatemalan national
who first entered the United
States on or before October 1,
1990, and who registered for bene-
fits pursuant to such settlement
agreement on or before December
31, 1991;
‘‘(II) is a Guatemalan or Salva-
doran national who filed an applica-
tion for asylum with the Immigration
and Naturalization Service on or be-
fore April 1, 1990;
‘‘(III) is the spouse or child (as
defined in section 101(b)(1) of the Im-
migration 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 (exclud-
ing this subclause and subclause (IV));
‘‘(IV) is the unmarried son or
daughter of an alien parent, at the
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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 sub-
clause 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 en-
tered the United States on or be-
fore 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, Esto-
nia, 
Lithuania, 
Poland, 
Czecho-
slovakia, Romania, Hungary, Bul-
garia, Albania, East Germany, Yugo-
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slavia, or any state of the former Yugo-
slavia.
‘‘(ii) LIMITATION
ON
JUDICIAL
RE-
VIEW.—A determination by the Attorney
General as to whether an alien satisfies the
requirements of this clause (i) is final and
shall not be subject to review by any court.
Nothing in the preceding sentence shall be
construed as limiting the application of sec-
tion 242(a)(2)(B) of the Immigration and
Nationality Act (as in effect after the title
III–A effective date) to other eligibility de-
terminations pertaining to discretionary re-
lief under this Act.’’.
(2) CONFORMING AMENDMENT.—Subsection (c)
of section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law
104–208; division C; 110 Stat. 3009–625) is amended
by striking the subsection designation and the sub-
section heading and inserting the following:
‘‘(c) TRANSITION FOR CERTAIN ALIENS.—’’.
(b) SPECIAL
RULE
FOR
CANCELLATION
OF
RE-
MOVAL.—Section 309 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law
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104–208; 110 Stat. 3009–625) is amended by adding at the
end the following:
‘‘(f) SPECIAL RULE
FOR CANCELLATION
OF RE-
MOVAL.—
‘‘(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 sub-
sections (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 sec-
tion, 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 sec-
tion 237(a) of the Immigration and Nation-
ality 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
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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 re-
sult 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 sec-
tion 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 follow-
ing the commission of an act, or the as-
sumption of a status, constituting a ground
for removal;
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‘‘(iv) has been a person of good moral
character during such period; and
‘‘(v) establishes that removal would re-
sult 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 ad-
mitted for permanent residence.
‘‘(2) TREATMENT OF CERTAIN BREAKS IN PRES-
ENCE.—Section 240A(d)(2) shall apply for purposes
of calculating any period of continuous physical pres-
ence 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 Re-
form and Immigrant Responsibility Act of 1996 (Public
Law 104–208; 110 Stat. 3009–625), as amended by sub-
section (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 pro-
ceedings (except limitations premised on an alien’s convic-
tion of an aggravated felony (as defined in section 101(a)
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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 sec-
tion 203 of the Nicaraguan Adjustment and Central Amer-
ican Relief Act may file one motion to reopen removal or
deportation proceedings to apply for cancellation of removal
or suspension of deportation. The Attorney General shall
designate a specific time period in which all such motions
to reopen are required to be filed. The period shall begin
not later than 60 days after the date of the enactment of
the Nicaraguan Adjustment and Central American Relief
Act and shall extend for a period not to exceed 240 days.’’.
(d) TEMPORARY REDUCTION IN DIVERSITY VISAS.—
(1) Beginning in fiscal year 1999, subject to
paragraph (2), the number of visas available for a fis-
cal 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 para-
graph (1) for a fiscal year exceed the amount by
which—
(A) one-half of the total number of individ-
uals described in subclauses (I), (II), (III), and
(IV) of section 309(c)(5)(C) of the Illegal Immi-
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gration Reform and Immigrant Responsibility
Act of 1996 who have adjusted their status to
that of aliens lawfully admitted for permanent
residence under the Nicaraguan Adjustment and
Central American Relief Act as of the end of the
previous fiscal year exceeds—
(B) the total of the reductions in available
visas under this subsection for all previous fiscal
years.
(e) TEMPORARY REDUCTION
IN OTHER WORKERS’
VISAS.—
(1) Beginning in the fiscal year following the fis-
cal 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 bene-
ficiary 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 re-
duced by 5,000 from the number of visas otherwise
available under that section for such fiscal year.
(2) In no case shall the reduction under para-
graph (1) for a fiscal year exceed the amount by
which—
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(A) the number computed under subsection
(d)(2)(A), exceeds—
(B) the total of the reductions in available
visas under this subsection for all previous fiscal
years.
(f) EFFECTIVE DATE.—The amendments made by this
section to the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 shall take effect as if included
in the enactment of such Act.
SEC. 204. LIMITATION ON CANCELLATIONS OF RE-
MOVAL AND SUSPENSIONS OF DEPORTATION. (a) ANNUAL
LIMITATION.—Section 240A(e) of the Immigration and Na-
tionality Act (8 U.S.C. 1229b(e)) is amended to read as
follows:
‘‘(e) ANNUAL LIMITATION.—
‘‘(1) AGGREGATE LIMITATION.—Subject to para-
graphs (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 en-
actment of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996), of a total of
more than 4,000 aliens in any fiscal year. The pre-
vious sentence shall apply regardless of when an alien
applied for such cancellation and adjustment, or such
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suspension and adjustment, and whether such an
alien had previously applied for suspension of depor-
tation under such section 244(a). The numerical limi-
tation under this paragraph shall apply to the aggre-
gate 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. Notwithstand-
ing 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 suspen-
sions of deportation granted in fiscal year 1997 after
April 1, 1997.
‘‘(3) EXCEPTION FOR CERTAIN ALIENS.—Para-
graph (1) shall not apply to the following:
‘‘(A) 
Aliens 
described 
in 
section
309(c)(5)(C)(i) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996
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(as amended by the Nicaraguan Adjustment and
Central American Relief Act).
‘‘(B) Aliens in deportation proceedings
prior to April 1, 1997, who applied for suspen-
sion of deportation under section 244(a)(3) (as
in effect before the date of the enactment of the
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996).’’.
(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF
STATUS FOR CERTAIN NONPERMANENT RESIDENTS.—Sec-
tion 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 resi-
dence, 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 perma-
HR 2607 EAS
nent 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 LIMI-
TATION.—Section 309(c)(7) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (Public
Law 104–208; division C; 110 Stat. 3009–627) is amended
to read as follows:
‘‘(7) LIMITATION ON SUSPENSION OF DEPORTA-
TION.—After April 1, 1997, the Attorney General may
not suspend the deportation and adjust the status
under section 244 of the Immigration and National-
ity Act (as in effect before the title III–A effective
date) of any alien in any fiscal year, except in ac-
cordance with section 240A(e) of such Act. The pre-
vious sentence shall apply regardless of when an alien
applied for such suspension and adjustment.’’.
(e) EFFECTIVE DATE.—The amendments made by this
section shall take effect as if included in the enactment of
the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–
546).
This division may be cited as the ‘‘District of Colum-
bia Appropriations Act, 1998’’.
100
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DIVISION B—DEPARTMENTS OF COMMERCE, JUS-
TICE, AND STATE, THE JUDICIARY, AND RE-
LATED 
AGENCIES 
APPROPRIATIONS 
ACT,
1998
The following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
Departments of Commerce, Justice, and State, the Judici-
ary, and related agencies for the fiscal year ending Septem-
ber 30, 1998, and for other purposes, to be effective as if
it had been enacted into law as the regular appropriations
Act, namely:
TITLE I—DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the
Department of Justice, $76,199,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears
and $7,860,000 shall be expended for the Department Lead-
ership Program exclusive of augmentation that occurred in
these offices in fiscal year 1997: Provided further, That not
to exceed 41 permanent positions and 48 full-time equiva-
lent workyears and $4,660,000 shall be expended for the Of-
fices of Legislative Affairs and Public Affairs: Provided fur-
101
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ther, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or non-reimbursable
basis or any other type of formal or informal transfer or
reimbursement of personnel or funds on either a temporary
or long-term basis.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney
General, $20,000,000 to remain available until expended,
to reimburse any Department of Justice organization for
(1) the costs incurred in reestablishing the operational ca-
pability of an office or facility which has been damaged
or destroyed as a result of any domestic or international
terrorist incident, (2) the costs of providing support to
counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection
with these activities, and (3) the costs of conducting a ter-
rorism threat assessment of Federal agencies and their fa-
cilities: Provided, That funds provided under this heading
shall be available only after the Attorney General notifies
the Committees on Appropriations of the House of Rep-
resentatives and the Senate in accordance with section 605
of this Act.
In addition, for necessary expenses, as determined by
the Attorney General, $32,700,000, to remain available
until expended, to reimburse departments and agencies of
102
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the Federal Government for any costs incurred in connec-
tion with—
(1) counterterrorism technology research and de-
velopment;
(2) providing training and related equipment for
chemical, biological, nuclear, and cyber attack preven-
tion and response capabilities to State and local law
enforcement agencies; and
(3) providing bomb training and response capa-
bilities to State and local law enforcement agencies.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of par-
don and clemency petitions and immigration related activi-
ties, $70,007,000.
VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE
REVIEW AND APPEALS
For activities authorized by section 130005 of the Vio-
lent Crime Control and Law Enforcement Act of 1994 (Pub-
lic Law 103–322), as amended, $59,251,000, to remain
available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $33,211,000; including not to ex-
ceed $10,000 to meet unforeseen emergencies of a confiden-
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tial character, to be expended under the direction of, and
to be accounted for solely under the certificate of, the Attor-
ney General; and for the acquisition, lease, maintenance,
and operation of motor vehicles, without regard to the gen-
eral purchase price limitation for the current fiscal year:
Provided, That up to one-tenth of one percent of the Depart-
ment of Justice’s allocation from the Violent Crime Reduc-
tion Trust Fund grant programs may be transferred at the
discretion of the Attorney General to this account for the
audit or other review of such grant programs, as authorized
by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103–322).
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole
Commission as authorized by law, $5,009,000.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses, necessary for the legal activities of the
Department of Justice, not otherwise provided for, includ-
ing not to exceed $20,000 for expenses of collecting evidence,
to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District
of Columbia; $444,200,000; of which not to exceed
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$10,000,000 for litigation support contracts shall remain
available until expended: Provided, That of the funds avail-
able in this appropriation, not to exceed $17,525,000 shall
remain available until expended for office automation sys-
tems for the legal divisions covered by this appropriation,
and for the United States Attorneys, the Antitrust Division,
and offices funded through ‘‘Salaries and Expenses’’, Gen-
eral Administration: Provided further, That of the total
amount appropriated, not to exceed $1,000 shall be avail-
able to the United States National Central Bureau,
INTERPOL, for official reception and representation ex-
penses: Provided further, That, of the funds appropriated
under this heading, such funds as may be necessary for the
orderly termination of the Ounce of Prevention Council.
In addition, for reimbursement of expenses of the De-
partment of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
VIOLENT CRIME REDUCTION PROGRAMS, GENERAL LEGAL
ACTIVITIES
For the expeditious deportation of denied asylum ap-
plicants, as authorized by section 130005 of the Violent
Crime Control and Law Enforcement Act of 1994 (Public
Law 103–322), as amended, $7,969,000, to remain avail-
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able until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust
and kindred laws, $75,495,000: Provided, That notwith-
standing any other provision of law, not to exceed
$70,000,000 of offsetting collections derived from fees col-
lected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18(a)) shall be retained and used for necessary ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1998,
so as to result in a final fiscal year 1998 appropriation
from the General Fund estimated at not more than
$5,495,000: Provided further, That any fees received in ex-
cess of $70,000,000 in fiscal year 1998, shall remain avail-
able until expended, but shall not be available for obligation
until October 1, 1998.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Office of the United
States Attorneys, including intergovernmental and coopera-
tive agreements, $972,460,000; of which not to exceed
$2,500,000 shall be available until September 30, 1999, for
(1) training personnel in debt collection, (2) locating debt-
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ors and their property, (3) paying the net costs of selling
property, and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appro-
priated, not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further,
That not to exceed $10,000,000 of those funds available for
automated litigation support contracts shall remain avail-
able until expended: Provided further, That not to exceed
$1,200,000 for the design, development, and implementation
of an information systems strategy for D.C. Superior Court
shall remain available until expended: Provided further,
That not to exceed $2,500,000 for the operation of the Na-
tional Advocacy Center shall remain available until ex-
pended: Provided further, That not to exceed $2,000,000
shall remain available until expended for the expansion of
existing Violent Crime Task Forces in United States Attor-
neys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agree-
ments, however denominated, and contracts with State and
local prosecutorial and law enforcement agencies engaged
in the investigation and prosecution of violent crimes, in-
cluding bank robbery and carjacking, and drug trafficking:
Provided further, That, in addition to reimbursable full-
time equivalent workyears available to the Office of the
United States Attorneys, not to exceed 8,948 positions and
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9,113 full-time equivalent workyears shall be supported
from the funds appropriated in this Act for the United
States Attorneys.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES
ATTORNEYS
For activities authorized by sections 40114, 130005,
190001(b), 190001(d) and 250005 of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (Public Law 103–
322), as amended, and section 815 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104–132),
$62,828,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee
Program, 
as 
authorized 
by 
U.S.C. 
589a(a),
$114,248,000, to remain available until expended and to
be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of
law, deposits to the Fund shall be available in such amounts
as may be necessary to pay refunds due depositors: Pro-
vided further, That, notwithstanding any other provision
of law, $114,248,000 of offsetting collections derived from
fees collected pursuant to 28 U.S.C. 589a(b) shall be re-
tained and used for necessary expenses in this appropria-
tion and remain available until expended: Provided further,
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That the sum herein appropriated from the Fund shall be
reduced as such offsetting collections are received during fis-
cal year 1998, so as to result in a final fiscal year 1998
appropriation from the Fund estimated at $0: Provided
further, That any such fees collected in excess of
$114,248,000 in fiscal year 1998 shall remain available
until expended but shall not be available for obligation until
October 1, 1998.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT
COMMISSION
For expenses necessary to carry out the activities of
the Foreign Claims Settlement Commission, including serv-
ices as authorized by 5 U.S.C. 3109, $1,226,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For necessary expenses of the United States Marshals
Service; including the acquisition, lease, maintenance, and
operation of vehicles and aircraft, and the purchase of pas-
senger motor vehicles for police-type use, without regard to
the general purchase price limitation for the current fiscal
year, $467,833,000, as authorized by 28 U.S.C. 561(i); of
which not to exceed $6,000 shall be available for official
reception and representation expenses; and of which not to
exceed $4,000,000 for development, implementation, main-
tenance and support, and training for an automated pris-
oner information system, and not to exceed $2,200,000 to
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support the Justice Prisoner and Alien Transportation Sys-
tem, shall remain available until expended: Provided, That,
for fiscal year 1998 and thereafter, the service of maintain-
ing and transporting State, local, or territorial prisoners
shall be considered a specialized or technical service for pur-
poses of 31 U.S.C. 6505, and any prisoners so transported
shall be considered persons (transported for other than com-
mercial purposes) whose presence is associated with the per-
formance of a governmental function for purposes of 49
U.S.C. 40102.
VIOLENT CRIME REDUCTION PROGRAMS, UNITED STATES
MARSHALS SERVICE
For activities authorized by section 190001(b) of the
Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103–322), as amended, $25,553,000, to remain
available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund.
FEDERAL PRISONER DETENTION
For expenses, related to United States prisoners in the
custody of the United States Marshals Service as authorized
in 18 U.S.C. 4013, but not including expenses otherwise
provided for in appropriations available to the Attorney
General, $405,262,000, as authorized by 28 U.S.C. 561(i),
to remain available until expended.
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FEES AND EXPENSES OF WITNESSES
For expenses, mileage, compensation, and per diems
of witnesses, for expenses of contracts for the procurement
and supervision of expert witnesses, for private counsel ex-
penses, and for per diems in lieu of subsistence, as author-
ized by law, including advances, $75,000,000, to remain
available until expended; of which not to exceed $4,750,000
may be made available for planning, construction, renova-
tions, maintenance, remodeling, and repair of buildings,
and the purchase of equipment incident thereto, for pro-
tected witness safesites; of which not to exceed $1,000,000
may be made available for the purchase and maintenance
of armored vehicles for transportation of protected wit-
nesses; and of which not to exceed $4,000,000 may be made
available for the purchase, installation and maintenance of
a secure, automated information network to store and re-
trieve the identities and locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations
Service, established by title X of the Civil Rights Act of
1964, $5,319,000 and, in addition, up to $2,000,000 of
funds made available to the Department of Justice in this
Act may be transferred by the Attorney General to this ac-
count: Provided, That notwithstanding any other provision
of law, upon a determination by the Attorney General that
emergent circumstances require additional funding for con-
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flict prevention and resolution activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from avail-
able appropriations for the current fiscal year for the De-
partment of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursu-
ant to the previous proviso shall be treated as a reprogram-
ming under section 605 of this Act and shall not be avail-
able for obligation or expenditure except in compliance with
the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii),
(B), (F), and (G), as amended, $23,000,000, to be derived
from the Department of Justice Assets Forfeiture Fund.
RADIATION EXPOSURE COMPENSATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses in accordance
with 
the 
Radiation 
Exposure 
Compensation 
Act,
$2,000,000.
PAYMENT TO RADIATION EXPOSURE COMPENSATION TRUST
FUND
For payments to the Radiation Exposure Compensa-
tion Trust Fund, $4,381,000.
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INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include inter-
governmental agreements with State and local law enforce-
ment agencies engaged in the investigation and prosecution
of individuals involved in organized crime drug trafficking,
$294,967,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under au-
thorities available to the organizations reimbursed from this
appropriation: Provided further, That any unobligated bal-
ances remaining available at the end of the fiscal year shall
revert to the Attorney General for reallocation among par-
ticipating organizations in succeeding fiscal years, subject
to the reprogramming procedures described in section 605
of this Act.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Inves-
tigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 3,094 passenger motor vehi-
cles, of which 2,270 will be for replacement only, without
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regard to the general purchase price limitation for the cur-
rent fiscal year, and hire of passenger motor vehicles; acqui-
sition, lease, maintenance, and operation of aircraft; and
not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction
of, and to be accounted for solely under the certificate of,
the Attorney General, $2,750,921,000; of which not to exceed
$50,000,000 for automated data processing and tele-
communications and technical investigative equipment and
not to exceed $1,000,000 for undercover operations shall re-
main available until September 30, 1999; of which not less
than $221,050,000 shall be for counterterrorism investiga-
tions, foreign counterintelligence, and other activities relat-
ed to our national security; of which not to exceed
$98,400,000 shall remain available until expended; of which
not to exceed $10,000,000 is authorized to be made available
for making advances for expenses arising out of contractual
or reimbursable agreements with State and local law en-
forcement agencies while engaged in cooperative activities
related to violent crime, terrorism, organized crime, and
drug investigations; and of which $1,500,000 shall be avail-
able to maintain an independent program office dedicated
solely to the relocation of the Criminal Justice Information
Services Division and the automation of fingerprint identi-
fication services: Provided, That not to exceed $45,000 shall
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be available for official reception and representation ex-
penses: Provided further, That no funds in this Act may
be used to provide ballistics imaging equipment to any
State or local authority which has obtained similar equip-
ment through a Federal grant or subsidy unless the State
or local authority agrees to return that equipment or to
repay that grant or subsidy to the Federal Government.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322)
as amended (‘‘the 1994 Act’’), and the Antiterrorism and
Effective Death Penalty Act of 1996 (‘‘the Antiterrorism
Act’’), $179,121,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund; of which $102,127,000 shall be for activities
authorized by section 190001(c) of the 1994 Act and section
811 of the Antiterrorism Act; $57,994,000 shall be for ac-
tivities authorized by section 190001(b) of the 1994 Act;
$4,000,000 shall be for training and investigative assistance
authorized by section 210501 of the 1994 Act; $9,500,000
shall be for grants to States, as authorized by section 811(b)
of the Antiterrorism Act; and $5,500,000 shall be for estab-
lishing DNA quality-assurance and proficiency-testing
standards, establishing an index to facilitate law enforce-
ment exchange of DNA identification information, and re-
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lated activities authorized by section 210501 of the 1994
Act.
CONSTRUCTION
For necessary expenses to construct or acquire build-
ings and sites by purchase, or as otherwise authorized by
law (including equipment for such buildings); conversion
and extension of federally-owned buildings; and prelimi-
nary planning and design of projects; $44,506,000, to re-
main available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Ad-
ministration, including not to exceed $70,000 to meet un-
foreseen emergencies of a confidential character, to be ex-
pended under the direction of, and to be accounted for solely
under the certificate of, the Attorney General; expenses for
conducting drug education and training programs, includ-
ing travel and related expenses for participants in such pro-
grams and the distribution of items of token value that pro-
mote the goals of such programs; purchase of not to exceed
1,602 passenger motor vehicles, of which 1,410 will be for
replacement only, for police-type use without regard to the
general purchase price limitation for the current fiscal year;
and acquisition, lease, maintenance, and operation of air-
craft; $723,841,000, of which not to exceed $1,800,000 for
research and $15,000,000 for transfer to the Drug Diversion
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Control Fee Account for operating expenses shall remain
available until expended, and of which not to exceed
$4,000,000 for purchase of evidence and payments for infor-
mation, not to exceed $10,000,000 for contracting for auto-
mated data processing and telecommunications equipment,
and not to exceed $2,000,000 for laboratory equipment,
$4,000,000 for technical equipment, and $2,000,000 for air-
craft replacement retrofit and parts, shall remain available
until September 30, 1999; and of which not to exceed
$50,000 shall be available for official reception and rep-
resentation expenses.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 180104 and
190001(b) of the Violent Crime Control and Law Enforce-
ment Act of 1994 (Public Law 103–322), as amended, and
section 814 of the Antiterrorism and Effective Death Pen-
alty Act of 1996 (Public Law 104–132), $403,537,000, to
remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
CONSTRUCTION
For necessary expenses to construct or acquire build-
ings and sites by purchase, or as otherwise authorized by
law (including equipment for such buildings); conversion
and extension of federally-owned buildings; and prelimi-
nary planning and design of projects; $8,000,000, to remain
available until expended.
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IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For expenses, not otherwise provided for, necessary for
the administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, in-
cluding not to exceed $50,000 to meet unforeseen emer-
gencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police type
use (not to exceed 2,904, of which 1,711 are for replacement
only), without regard to the general purchase price limita-
tion for the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; and
for the care and housing of Federal detainees held in the
joint Immigration and Naturalization Service and United
States Marshals Service’s Buffalo Detention Facility;
$1,658,886,000 of which not to exceed $400,000 for research
shall remain available until expended; of which not to ex-
ceed $10,000,000 shall be available for costs associated with
the training program for basic officer training, and
$5,000,000 is for payments or advances arising out of con-
tractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative ac-
tivities related to immigration; and of which not to exceed
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$5,000,000 is to fund or reimburse other Federal agencies
for the costs associated with the care, maintenance, and re-
patriation of smuggled illegal aliens: Provided, That none
of the funds available to the Immigration and Naturaliza-
tion Service shall be available to pay any employee over-
time pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 1998: Provided fur-
ther, That uniforms may be purchased without regard to
the general purchase price limitation for the current fiscal
year: Provided further, That not to exceed $5,000 shall be
available for official reception and representation expenses:
Provided further, That none of the funds provided in this
or any other Act shall be used for the continued operation
of the San Clemente and Temecula checkpoints unless the
checkpoints are open and traffic is being checked on a con-
tinuous 24-hour basis: Provided further, That not to exceed
43 permanent positions and 43 full-time equivalent
workyears and $4,167,000 shall be expended for the Office
of Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices shall not be aug-
mented by personnel details, temporary transfers of person-
nel on either a reimbursable or non-reimbursable basis or
any other type of formal or informal transfer or reimburse-
ment of personnel or funds on either a temporary or long-
term basis: Provided further, That beginning seven calendar
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days after the enactment of this Act and for each fiscal year
thereafter, none of the funds appropriated or otherwise
made available to the Immigration and Naturalization
Service may be used by the INS to accept, for the purpose
of conducting criminal background checks on applications
for any benefit under the Immigration and Nationality Act,
any FD–258 fingerprint card which has been prepared by
or received from any individual or entity other than an
office of the Immigration and Naturalization Service with
the following exceptions—(1) State and local law enforce-
ment agencies and (2) United States consular offices at
United States embassies and consulates abroad under the
jurisdiction of the Department of State or United States
military offices under the jurisdiction of the Department
of Defense authorized to perform fingerprinting services to
prepare FD–258 fingerprint cards for applicants residing
abroad applying for immigration benefits: Provided fur-
ther, That agencies may collect and retain a fee for
fingerprinting services: Provided further, That, during fis-
cal year 1998 and each fiscal year thereafter, none of the
funds appropriated or otherwise made available to the Im-
migration and Naturalization Service shall be used to com-
plete adjudication of an application for naturalization un-
less the Immigration and Naturalization Service has re-
ceived confirmation from the Federal Bureau of Investiga-
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tion that a full criminal background check has been com-
pleted, except for those exempted by regulation as of Janu-
ary 1, 1997: Provided further, That the number of positions
filled through non-career appointment at the Immigration
and Naturalization Service, for which funding is provided
in this Act or is otherwise made available to the Immigra-
tion and Naturalization Service, shall not exceed four per-
manent positions and four full-time equivalent workyears
after July 1, 1998: Provided further, That notwithstanding
any other provision of law, during fiscal year 1998, the At-
torney General is authorized and directed to impose dis-
ciplinary action, including termination of employment,
pursuant to policies and procedures applicable to employees
of the Federal Bureau of Investigation, for any employee
of the Immigration and Naturalization Service who violates
policies and procedures set forth by the Department of Jus-
tice relative to the granting of citizenship or who willfully
deceives the Congress or Department Leadership on any
matter.
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by sections 130002, 130005,
130006, 130007, and 190001(b) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (Public Law 103–
322), as amended, and section 813 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104–132),
$607,206,000, to remain available until expended, which
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will be derived from the Violent Crime Reduction Trust
Fund.
CONSTRUCTION
For planning, construction, renovation, equipping,
and maintenance of buildings and facilities necessary for
the administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $75,959,000, to remain available
until expended.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
For expenses necessary for the administration, oper-
ation, and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 834, of which
599 are for replacement only) and hire of law enforcement
and passenger motor vehicles, and for the provision of tech-
nical assistance and advice on corrections related issues to
foreign governments; $2,823,642,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary
for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institu-
tions: Provided further, That the Director of the Federal
Prison System (FPS), where necessary, may enter into con-
tracts with a fiscal agent/fiscal intermediary claims proc-
essor to determine the amounts payable to persons who, on
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behalf of the FPS, furnish health services to individuals
committed to the custody of the FPS: Provided further, That
uniforms may be purchased without regard to the general
purchase price limitation for the current fiscal year: Pro-
vided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $90,000,000 for the activation
of new facilities shall remain available until September 30,
1999: Provided further, That of the amounts provided for
Contract Confinement, not to exceed $20,000,000 shall re-
main available until expended to make payments in ad-
vance for grants, contracts and reimbursable agreements,
and other expenses authorized by section 501(c) of the Refu-
gee Education Assistance Act of 1980, as amended, for the
care and security in the United States of Cuban and Hai-
tian entrants: Provided further, That notwithstanding sec-
tion 4(d) of the Service Contract Act of 1965 (41 U.S.C.
353(d)), FPS may enter into contracts and other agree-
ments with private entities for periods of not to exceed 3
years and 7 additional option years for the confinement
of Federal prisoners.
VIOLENT CRIME REDUCTION PROGRAMS
For substance abuse treatment in Federal prisons as
authorized by section 32001(e) of the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322),
as amended, $26,135,000, to remain available until ex-
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pended, which shall be derived from the Violent Crime Re-
duction Trust Fund.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of
new facilities; leasing the Oklahoma City Airport Trust Fa-
cility; purchase and acquisition of facilities and remodel-
ing, and equipping of such facilities for penal and correc-
tional use, including all necessary expenses incident thereto,
by contract or force account; and constructing, remodeling,
and equipping necessary buildings and facilities at existing
penal and correctional institutions, including all necessary
expenses incident thereto, by contract or force account;
$255,133,000, to remain available until expended, of which
not to exceed $14,074,000 shall be available to construct
areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed
under this appropriation: Provided further, That not to ex-
ceed 10 percent of the funds appropriated to ‘‘Buildings and
Facilities’’ in this Act or any other Act may be transferred
to ‘‘Salaries and Expenses’’, Federal Prison System, upon
notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the
Senate in compliance with provisions set forth in section
605 of this Act: Provided further, That, of the total amount
appropriated, not to exceed $2,300,000 shall be available
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for the renovation and construction of United States Mar-
shals Service prisoner-holding facilities.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord
with the law, and to make such contracts and commitments,
without regard to fiscal year limitations as provided by sec-
tion 9104 of title 31, United States Code, as may be nec-
essary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including
purchase of (not to exceed five for replacement only) and
hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
PRISON INDUSTRIES, INCORPORATED
Not to exceed $3,266,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed
on an accrual basis to be determined in accordance with
the corporation’s current prescribed accounting system, and
such amounts shall be exclusive of depreciation, payment
of claims, and expenditures which the said accounting sys-
tem requires to be capitalized or charged to cost of commod-
ities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, con-
struction, operation, maintenance, improvement, protec-
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tion, or disposition of facilities and other property belong-
ing to the corporation or in which it has an interest.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, and the
Missing Children’s Assistance Act, as amended, including
salaries and expenses in connection therewith, and with the
Victims of Crime Act of 1984, as amended, and sections
819 and 821 of the Antiterrorism and Effective Death Pen-
alty Act of 1996, $173,600,000, to remain available until
expended, as authorized by section 1001 of title I of the Om-
nibus Crime Control and Safe Streets Act, as amended by
Public Law 102–534 (106 Stat. 3524); of which
$25,000,000 is for the National Sexual Offender Registry.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and
other assistance authorized by part E of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968, as amend-
ed, for State and Local Narcotics Control and Justice As-
sistance Improvements, notwithstanding the provisions of
section 511 of said Act, $512,500,000, to remain available
until expended, as authorized by section 1001 of title I of
said Act, as amended by Public Law 102–534 (106 Stat.
3524), of which $46,500,000 shall be available to carry out
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the provisions of chapter A of subpart 2 of part E of title
I of said Act, for discretionary grants under the Edward
Byrne Memorial State and Local Law Enforcement Assist-
ance Programs, of which $2,097,000 shall be available to
the Executive Office of United States Attorneys to support
the National District Attorneys Association’s participation
in legal education training at the National Advocacy Cen-
ter.
VIOLENT CRIME REDUCTION PROGRAMS, STATE AND LOCAL
LAW ENFORCEMENT ASSISTANCE
For assistance (including amounts for administrative
costs for management and administration, which amounts
shall be transferred to and merged with the ‘‘Justice Assist-
ance’’ account) authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322), as
amended (‘‘the 1994 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968, as amended (‘‘the 1968 Act’’); and
the Victims of Child Abuse Act of 1990, as amended (‘‘the
1990 Act’’); $2,383,400,000, to remain available until ex-
pended, which shall be derived from the Violent Crime Re-
duction Trust Fund; of which $523,000,000 shall be for
Local Law Enforcement Block Grants, pursuant to H.R.
728 as passed by the House of Representatives on February
14, 1995, except that for purposes of this Act, the Common-
wealth of Puerto Rico shall be considered a ‘‘unit of local
government’’ as well as a ‘‘State’’, for the purposes set forth
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in paragraphs (A), (B), (D), (F), and (I) of section
101(a)(2) of H.R. 728 and for establishing crime prevention
programs involving cooperation between community resi-
dents and law enforcement personnel in order to control,
detect, or investigate crime or the prosecution of criminals:
Provided, That no funds provided under this heading may
be used as matching funds for any other Federal grant pro-
gram: Provided further, That $20,000,000 of this amount
shall be for Boys and Girls Clubs in public housing facili-
ties and other areas in cooperation with State and local
law enforcement: Provided further, That funds may also be
used to defray the costs of indemnification insurance for
law enforcement officers; of which $45,000,000 shall be for
grants to upgrade criminal records, as authorized by section
106(b) of the Brady Handgun Violence Prevention Act of
1993, as amended, and section 4(b) of the National Child
Protection Act of 1993; of which $34,500,000 shall be avail-
able as authorized by section 1001 of title I of the 1968
Act, to carry out the provisions of subpart 1, part E of
title I of the 1968 Act notwithstanding section 511 of said
Act, for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs; of which $420,000,000
shall be for the State Criminal Alien Assistance Program,
as authorized by section 242(j) of the Immigration and Na-
tionality Act, as amended; of which $720,500,000 shall be
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for Violent Offender Incarceration and Truth in Sentencing
Incentive Grants pursuant to subtitle A of title II of the
1994 Act, of which $165,000,000 shall be available for pay-
ments to States for incarceration of criminal aliens, and
of which $25,000,000 shall be available for the Cooperative
Agreement Program: Provided further, That funds made
available for Violent Offender Incarceration and Truth in
Sentencing Incentive Grants to the State of California may,
at the discretion of the recipient, be used for payments for
the incarceration of criminal aliens; of which $7,000,000
shall be for the Court Appointed Special Advocate Program,
as authorized by section 218 of the 1990 Act; of which
$2,000,000 shall be for Child Abuse Training Programs for
Judicial Personnel and Practitioners, as authorized by sec-
tion 224 of the 1990 Act; of which $172,000,000 shall be
for Grants to Combat Violence Against Women, to States,
units of local government, and Indian tribal governments,
as authorized by section 1001(a)(18) of the 1968 Act, in-
cluding $12,000,000 which shall be used exclusively for the
purpose of strengthening civil and criminal legal assistance
programs for victims of domestic violence: Provided further,
That, of these funds, $7,000,000 shall be provided to the Na-
tional Institute of Justice for research and evaluation of
violence against women and $853,000 shall be provided to
the Office of the United States Attorney for the District of
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Columbia for domestic violence programs in D.C. Superior
Court; of which $59,000,000 shall be for Grants to Encour-
age Arrest Policies to States, units of local government, and
Indian tribal governments, as authorized by section
1001(a)(19) of the 1968 Act; of which $25,000,000 shall be
for Rural Domestic Violence and Child Abuse Enforcement
Assistance Grants, as authorized by section 40295 of the
1994 Act; of which $2,000,000 shall be for training pro-
grams to assist probation and parole officers who work with
released sex offenders, as authorized by section 40152(c) of
the 1994 Act; of which $1,000,000 shall be for grants for
televised testimony, as authorized by section 1001(a)(7) of
the 1968 Act; of which $2,750,000 shall be for national
stalker and domestic violence reduction, as authorized by
section 40603 of the 1994 Act; of which $63,000,000 shall
be for grants for residential substance abuse treatment for
State prisoners, as authorized by section 1001(a)(17) of the
1968 Act; of which $12,500,000 shall be for grants to States
and units of local government for projects to improve DNA
analysis, as authorized by section 1001(a)(22) of the 1968
Act; of which $900,000 shall be for the Missing Alzheimer’s
Disease Patient Alert Program, as authorized by section
240001(c) of the 1994 Act; of which $750,000 shall be for
Motor Vehicle Theft Prevention Programs, as authorized by
section 220002(h) of the 1994 Act; of which $30,000,000
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shall be for Drug Courts, as authorized by title V of the
1994 Act; of which $1,000,000 shall be for Law Enforcement
Family Support Programs, as authorized by section
1001(a)(21) of the 1968 Act; of which $2,500,000 shall be
for public awareness programs addressing marketing scams
aimed at senior citizens, as authorized by section 250005(3)
of the 1994 Act: Provided further, That funds made avail-
able in fiscal year 1998 under subpart 1 of part E of title
I of the 1968 Act may be obligated for programs to assist
States in the litigation processing of death penalty Federal
habeas corpus petitions and for drug testing initiatives:
Provided further, That if a unit of local government uses
any of the funds made available under this title to increase
the number of law enforcement officers, the unit of local gov-
ernment will achieve a net gain in the number of law en-
forcement officers who perform nonadministrative public
safety service.
JUVENILE BLOCK GRANTS
VIOLENT CRIME REDUCTION PROGRAMS
For activities of the Juvenile Justice Block Grant Pro-
gram, $230,000,000, to remain available until expended,
which shall be derived from the Violent Crime Reduction
Trust Fund: Provided, That none of the funds appropriated
or otherwise made available by this Act for ‘‘Juvenile Block
Grants’’ may be obligated or expended unless such obliga-
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tion or expenditure is expressly authorized by the enactment
of a subsequent Act.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to im-
plement ‘‘Weed and Seed’’ program activities, $33,500,000,
for intergovernmental agreements, including grants, cooper-
ative agreements, and contracts, with State and local law
enforcement agencies engaged in the investigation and pros-
ecution of violent crimes and drug offenses in ‘‘Weed and
Seed’’ designated communities, and for either reimburse-
ments or transfers to appropriation accounts of the Depart-
ment of Justice and other Federal agencies which shall be
specified by the Attorney General to execute the ‘‘Weed and
Seed’’ program strategy: Provided, That funds designated
by Congress through language for other Department of Jus-
tice appropriation accounts for ‘‘Weed and Seed’’ program
activities shall be managed and executed by the Attorney
General through the Executive Office for Weed and Seed:
Provided further, That the Attorney General may direct the
use of other Department of Justice funds and personnel in
support of ‘‘Weed and Seed’’ program activities only after
the Attorney General notifies the Committees on Appropria-
tions of the House of Representatives and the Senate in ac-
cordance with section 605 of this Act.
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GAMBLING IMPACT STUDY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Gambling Im-
pact Study Commission, $1,000,000, to remain available
until expended.
COMMUNITY ORIENTED POLICING SERVICES
VIOLENT CRIME REDUCTION PROGRAMS
For activities authorized by the Violent Crime Control
and Law Enforcement Act of 1994, Public Law 103–322
(‘‘the 
1994 
Act’’) 
(including 
administrative 
costs),
$1,400,000,000, to remain available until expended, which
shall be derived from the Violent Crime Reduction Trust
Fund, for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act: Provided, That not to
exceed 186 permanent positions and 186 full-time equiva-
lent workyears and $20,553,000 shall be expended for pro-
gram management and administration: Provided further,
That of the unobligated balances available in this program,
$103,000,000 shall be used for innovative community polic-
ing programs, of which $38,000,000 shall be used for a law
enforcement technology program of which $10,000,000 is for
the North Carolina Criminal Justice Information Network,
$1,000,000 shall be used for police recruitment programs
authorized under subtitle H of title III of the 1994 Act,
$34,000,000 shall be used for policing initiatives to combat
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methamphetamine production and trafficking, $12,500,000
shall be used for the Community Policing to Combat Domes-
tic Violence Program pursuant to section 1701(d) of part
Q of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, $17,500,000 shall be used for other inno-
vative community policing programs, such as programs to
improve the safety of elementary and secondary school chil-
dren, reduce crime on or near elementary and secondary
school grounds and policing initiatives in drug ‘‘hot spots’’.
In addition, for programs of Police Corps education,
training and service as set forth in sections 200101–200113
of the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103–322), $30,000,000, to remain avail-
able until expended, which shall be derived from the Violent
Crime Reduction Trust Fund.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and
other assistance authorized by the Juvenile Justice and De-
linquency Prevention Act of 1974, as amended, including
salaries and expenses in connection therewith to be trans-
ferred to and merged with the appropriations for Justice
Assistance, $201,672,000, to remain available until ex-
pended, as authorized by section 299 of part I of title II
and section 506 of title V of the Act, as amended by Public
Law 102–586, of which (1) notwithstanding any other pro-
vision of law, $5,922,000 shall be available for expenses au-
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thorized by part A of title II of the Act, $96,500,000 shall
be available for expenses authorized by part B of title II
of the Act, and $45,250,000 shall be available for expenses
authorized by part C of title II of the Act: Provided, That
$26,500,000 of the amounts provided for part B of title II
of the Act, as amended, is for the purpose of providing addi-
tional formula grants under part B to States that provide
assurances to the Administrator that the State has in effect
(or will have in effect no later than one year after date
of application) policies and programs, that ensure that ju-
veniles are subject to accountability-based sanctions for
every act for which they are adjudicated delinquent; (2)
$12,000,000 shall be available for expenses authorized by
section 281 and 282 of part D of title II of the Act for
prevention and treatment programs relating to juvenile
gangs; (3) $10,000,000 shall be available for expenses au-
thorized by section 285 of part E of title II of the Act; (4)
$12,000,000 shall be available for expenses authorized by
part G of title II of the Act for juvenile mentoring pro-
grams; and (5) $20,000,000 shall be available for expenses
authorized by title V of the Act for incentive grants for local
delinquency prevention programs: Provided further, That
upon the enactment of reauthorization legislation for Juve-
nile Justice Programs under the Juvenile Justice and De-
linquency Prevention Act of 1974, as amended, funding
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provisions in this Act shall from that date be subject to the
provisions of that legislation and any provisions in this Act
that are inconsistent with that legislation shall no longer
have effect.
In addition, for grants, contracts, cooperative agree-
ments, and other assistance, $5,000,000 to remain available
until expended, for developing, testing, and demonstrating
programs designed to reduce drug use among juveniles.
In addition, $25,000,000 shall be available for grants
of $360,000 to each state and $6,640,000 shall be available
for discretionary grants to states, for programs and activi-
ties to enforce state laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of alco-
holic beverages by minors, prevention and reduction of con-
sumption of alcoholic beverages by minors, and for technical
assistance and training.
In addition, for grants, contracts, cooperative agree-
ment, and other assistance authorized by the Victims of
Child Abuse Act of 1990, as amended, $7,000,000, to remain
available until expended, as authorized by sections 214B
of the Act.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments au-
thorized by part L of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended,
such sums as are necessary, as authorized by section 6093
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of Public Law 100–690 (102 Stat. 4339–4340); and
$2,000,000 for the Federal Law Enforcement Education As-
sistance Program, as authorized by section 1212 of said Act.
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
SEC. 101. In addition to amounts otherwise made
available in this title for official reception and representa-
tion expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses in accordance with distribu-
tions, procedures, and regulations established by the Attor-
ney General.
SEC. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980
(Public Law 96–132, 93 Stat. 1040 (1979)), as amended,
shall remain in effect until the termination date of this Act
or until the effective date of a Department of Justice Appro-
priation Authorization Act, whichever is earlier.
SEC. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were car-
ried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
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SEC. 104. None of the funds appropriated under this
title shall be used to require any person to perform, or fa-
cilitate in any way the performance of, any abortion.
SEC. 105. Nothing in the preceding section shall re-
move the obligation of the Director of the Bureau of Prisons
to provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the
effect of section 104 intended to address the philosophical
beliefs of individual employees of the Bureau of Prisons.
SEC. 106. Notwithstanding any other provision of law,
not to exceed $10,000,000 of the funds made available in
this Act may be used to establish and publicize a program
under which publicly-advertised, extraordinary rewards
may be paid, which shall not be subject to spending limita-
tions contained in sections 3059 and 3072 of title 18, Unit-
ed States Code: Provided, That any reward of $100,000 or
more, up to a maximum of $2,000,000, may not be made
without the personal approval of the President or the Attor-
ney General and such approval may not be delegated.
SEC. 107. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Depart-
ment of Justice in this Act, including those derived from
the Violent Crime Reduction Trust Fund, may be trans-
ferred between such appropriations, but no such appropria-
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tion, except as otherwise specifically provided, shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of
this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
SEC. 108. Section 524(c)(8)(E) of title 28, United
States Code, is amended by striking ‘‘1996’’ and inserting
‘‘1997 and thereafter’’.
SEC. 109. (a) Section 1402(d) of the Victims of Crime
Act of 1984, (42 U.S.C. 10601(d)), is amended—
(1) by striking paragraph (1); and
(2) in paragraph (2), by striking ‘‘the next’’ and
inserting ‘‘The first’’.
(b) Any unobligated sums hitherto available to the ju-
dicial branch pursuant to the paragraph repealed by section
(a) shall be deemed to be deposits into the Crime Victims
Fund as of the effective date hereof and may be used by
the Director of the Office for Victims of Crime to improve
services for the benefit of crime victims, including the proc-
essing and tracking of criminal monetary penalties and re-
lated litigation activities, in the federal criminal justice
system.
SEC. 110. The Immigration and Nationality Act of
1952, as amended, is further amended—
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(a) by striking entirely section 286(s);
(b) in section 286(r) by—
(1) adding ‘‘, and amount described in sec-
tion 245(i)(3)(b)’’ after ‘‘recovered by the De-
partment of Justice’’ in subsection (2);
(2) replacing ‘‘Immigration and Natu-
ralization Service’’ with ‘‘Attorney General’’ in
subsection (3); and
(3) striking subsection (4), and replacing it
with, ‘‘The amounts required to be refunded from
the Fund for fiscal year 1998 and thereafter
shall be refunded in accordance with estimates
made in the budget request of the President for
those fiscal years. Any proposed changes in the
amounts designated in such budget requests shall
only be made after Congressional reprogramming
notification in accordance with the reprogram-
ming guidelines for the applicable fiscal year.’’;
and
(c) in section 245(i)(3)(B), by replacing ‘‘Immi-
gration Detention Account established under section
286(s)’’ with ‘‘Breached Bond/Detention Fund estab-
lished under section 286(r)’’.
SEC. 111. (a) LIMITATION ON ELIGIBILITY UNDER
SECTION 245(i).—Section 245(i)(1) of the Immigration
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and Nationality Act (8 U.S.C. 1255(i)(1)) is amended by
striking ‘‘(i)(1)’’ through ‘‘The Attorney General’’ and in-
serting the following:
‘‘(i)(1) Notwithstanding the provisions of subsections
(a) and (c) of this section, an alien physically present in
the United States—
‘‘(A) who—
‘‘(i) entered the United States without in-
spection; or
‘‘(ii) is within one of the classes enumerated
in subsection (c) of this section; and
‘‘(B) who is the beneficiary of a petition for clas-
sification under section 204 that was filed with the
Attorney General or the Department of Labor for
labor certification pursuant to section 212(a)(5)(i) on
or before the date of the enactment of the Departments
of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1998;
may apply to the Attorney General for the adjustment of
his or her status to that of an alien lawfully admitted for
permanent residence. The Attorney General’’.
(b) REPEAL OF SUNSET FOR SECTION 245(i).—Sec-
tion 506(c) of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
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Act, 1995 (Public Law 103–317; 108 Stat. 1766) is amend-
ed to read as follows:
‘‘(c) The amendment made by subsection (a) shall take
effect on October 1, 1994, and shall cease to have effect on
October 1, 1997. The amendment made by subsection (b)
shall take effect on October 1, 1994.’’.
(c) INAPPLICABILITY OF SECTION 245(c)(2) FOR CER-
TAIN EMPLOYMENT-BASED IMMIGRANTS.—Section 245 of
the Immigration and Nationality Act (8 U.S.C. 1255) is
amended—
(1) in subsection (c)(2), by inserting ‘‘subject to
subsection (k),’’ after ‘‘(2)’’; and
(2) by adding at the end the following:
‘‘(k) An alien is eligible to receive an immigrant visa
under paragraph (1), (2), or (3) of section 203(b) or, in
the case of an alien who is an immigrant described in sec-
tion 101(a)(27)(C), under section 203(b)(4) pursuant to
subsection (a) and notwithstanding subsection (c)(2), if—
‘‘(1) the alien, on the date of filing an applica-
tion for adjustment of status, is present in the United
States pursuant to a lawful admission;
‘‘(2) the alien, subsequent to such lawful admis-
sion has not, for an aggregate period exceeding 180
days—
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‘‘(A) failed to maintain, continuously, a
lawful status;
‘‘(B) engaged in unauthorized employment;
or
‘‘(C) otherwise violated the terms and condi-
tions of the alien’s admission.’’.
SEC. 112. (a) SHORT TITLE.—This section may be
cited as the ‘‘Philippine Army, Scouts, and Guerilla Veter-
ans of World War II Naturalization Act of 1997’’.
(b) IN GENERAL.—Section 405 of the Immigration
and Nationality Act of 1990 (8 U.S.C. 1440 note) is amend-
ed—
(1) by striking subparagraph (B) of subsection
(a)(1) and inserting the following:
‘‘(B) who—
‘‘(i) is listed on the final roster pre-
pared by the Recovered Personnel Division
of the United States Army of those who
served honorably in an active duty status
within the Philippine Army during the
World War II occupation and liberation of
the Philippines,
‘‘(ii) is listed on the final roster pre-
pared by the Guerilla Affairs Division of
the United States Army of those who re-
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‘‘(iii) in the case of an applicant claiming
to have served in the Philippine Scouts or any
other component of the United States Armed
Forces in the Far East (other than a component
described in clause (i) or (ii)) at any time dur-
ing the period beginning September 1, 1939, and
ending December 31, 1946, the United States ex-
ecutive department (or successor thereto) that ex-
ercised supervision over such component.
‘‘(B) An executive department specified in sub-
paragraph (A) may not make a determination under
the second sentence of section 329(a) with respect to
the service or separation from service of a person de-
scribed in paragraph (1) except pursuant to a request
from the Service.’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) IMPLEMENTATION.—(1) Notwithstanding any
other provision of law, for purposes of the naturalization
of natives of the Philippines under this section—
‘‘(A) the processing of applications for natu-
ralization, filed in accordance with the provisions of
this section, including necessary interviews, shall be
conducted in the Philippines by employees of the
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Service designated pursuant to section 335(b) of the
Immigration and Nationality Act; and
‘‘(B) oaths of allegiance for applications for nat-
uralization under this section shall be administered
in the Philippines by employees of the Service des-
ignated pursuant to section 335(b) of that Act.
‘‘(2) Notwithstanding paragraph (1), applications for
naturalization, including necessary interviews, may con-
tinue to be processed, and oaths of allegiance may continue
to be taken in the United States.’’.
(c) REPEAL.—Section 113 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1993 (8 U.S.C. 1440 note), is re-
pealed.
(d) EFFECTIVE DATE; TERMINATION DATE.—
(1) APPLICATION TO PENDING APPLICATIONS.—
The amendments made by subsection (b) shall apply
to applications filed before February 3, 1995.
(2) TERMINATION
DATE.—The authority pro-
vided by the amendments made by subsection (b) shall
expire February 3, 2001.
SEC. 113. Section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended
to read as follows:
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‘‘(J) an immigrant who is present in the
United States—
‘‘(i) who has been declared dependent
on a juvenile court located in the United
States or whom such a court has legally
committed to, or placed under the custody
of, an agency or department of a State and
who has been deemed eligible by that court
for long-term foster care due to abuse, ne-
glect, or abandonment;
‘‘(ii) for whom it has been determined
in administrative or judicial proceedings
that it would not be in the alien’s best in-
terest to be returned to the alien’s or par-
ent’s previous country of nationality or
country of last habitual residence; and
‘‘(iii) in whose case the Attorney Gen-
eral expressly consents to the dependency
order serving as a precondition to the grant
of special immigrant juvenile status;
Except that—
‘‘(I) no juvenile court has juris-
diction to determine the custody status
or placement of an alien in the actual
or constructive custody of the Attorney
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General unless the Attorney General
specifically consents to such jurisdic-
tion; and
‘‘(II) no natural parent or prior
adoptive parent of any alien provided
special immigrant status under this
subparagraph shall thereafter, by vir-
tue of such parentage, be accorded any
right, privilege, or status under this
Act; or’’.
SEC. 114. Not to exceed $200,000 of funds appro-
priated under section 1304 of title 31, United States Code,
shall be available for payment pursuant to the Hearing Of-
ficer’s Report in United States Court of Federal Claims No.
93–645X (June 3, 1996) (see 35 Fed. Cl. 99 (March 7,
1996)).
SEC. 115. (a) STANDARDS FOR SEX OFFENDER REG-
ISTRATION PROGRAMS.—
(1) IN GENERAL.—Section 170101(a) of the Vio-
lent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14071(a)) is amended—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking
‘‘with a designated State law enforcement
agency’’; and
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(ii) in subparagraph (B), by striking
‘‘with a designated State law enforcement
agency’’;
(B) by striking paragraph (2) and inserting
the following:
‘‘(2) DETERMINATION
OF
SEXUALLY
VIOLENT
PREDATOR
STATUS; WAIVER; ALTERNATIVE
MEAS-
URES.—
‘‘(A) IN
GENERAL.—A determination of
whether a person is a sexually violent predator
for purposes of this section shall be made by a
court after considering the recommendation of a
board composed of experts in the behavior and
treatment of sex offenders, victims’ rights advo-
cates, and representatives of law enforcement
agencies.
‘‘(B) WAIVER.—The Attorney General may
waive the requirements of subparagraph (A) if
the Attorney General determines that the State
has established alternative procedures or legal
standards for designating a person as a sexually
violent predator.
‘‘(C) ALTERNATIVE MEASURES.—The Attor-
ney General may also approve alternative meas-
ures of comparable or greater effectiveness in
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protecting the public from unusually dangerous
or recidivistic sexual offenders in lieu of the spe-
cific measures set forth in this section regarding
sexually violent predators.’’;
(C) in paragraph (3)—
(i) in subparagraph (A), by striking
‘‘that consists of—’’ and inserting ‘‘in a
range of offenses specified by State law
which is comparable to or which exceeds the
following range of offenses:’’;
(ii) in subparagraph (B), by striking
‘‘that consists of’’ and inserting ‘‘in a range
of offenses specified by State law which is
comparable to or which exceeds the range of
offenses encompassed by’’; and
(D) by adding at the end the following:
‘‘(F) The term ‘employed, carries on a voca-
tion’ includes employment that is full-time or
part-time for a period of time exceeding 14 days
or for an aggregate period of time exceeding 30
days during any calendar year, whether finan-
cially compensated, volunteered, or for the pur-
pose of government or educational benefit.
‘‘(G) The term ‘student’ means a person
who is enrolled on a full-time or part-time basis,
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in any public or private educational institution,
including any secondary school, trade, or profes-
sional institution, or institution of higher edu-
cation.’’.
(2) REQUIREMENTS
UPON
RELEASE, PAROLE,
SUPERVISED
RELEASE, 
OR
PROBATION.—Section
170101(b) of the Violent Crime Control and Law En-
forcement Act of 1994 (42 U.S.C. 14071(b)) is amend-
ed—
(A) in paragraph (1)—
(i) by striking the paragraph designa-
tion and heading and inserting the follow-
ing:
‘‘(1) DUTIES OF RESPONSIBLE OFFICIALS.—’’;
(ii) in subparagraph (A)—
(I) in the matter preceding clause
(i), by striking ‘‘or in the case of pro-
bation, the court’’ and inserting ‘‘the
court, or another responsible officer or
official’’;
(II) in clause (ii), by striking
‘‘give’’ and all that follows before the
semicolon and inserting ‘‘report the
change of address as provided by State
law’’; and
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(III) in clause (iii), by striking
‘‘shall register’’ and all that follows be-
fore the semicolon and inserting ‘‘shall
report the change of address as pro-
vided by State law and comply with
any registration requirement in the
new State of residence, and inform the
person that the person must also reg-
ister in a State where the person is
employed, carries on a vocation, or is
a student’’; and
(iii) in subparagraph (B), by striking
‘‘or the court’’ and inserting ‘‘, the court, or
another responsible officer or official’’;
(B) by striking paragraph (2) and inserting
the following:
‘‘(2) TRANSFER OF INFORMATION TO STATE AND
FBI; PARTICIPATION
IN
NATIONAL
SEX
OFFENDER
REGISTRY.—
‘‘(A) STATE REPORTING.—State procedures
shall ensure that the registration information is
promptly made available to a law enforcement
agency having jurisdiction where the person ex-
pects to reside and entered into the appropriate
State records or data system. State procedures
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shall also ensure that conviction data and finger-
prints for persons required to register are
promptly transmitted to the Federal Bureau of
Investigation.
‘‘(B) NATIONAL REPORTING.—A State shall
participate in the national database established
under section 170102(b) in accordance with
guidelines issued by the Attorney General, in-
cluding transmission of current address informa-
tion and other information on registrants to the
extent provided by the guidelines.’’;
(C) in paragraph (3)(A)—
(i) in the matter preceding clause (i),
by striking ‘‘on each’’ and all that follows
through ‘‘applies:’’ and inserting the follow-
ing: ‘‘State procedures shall provide for ver-
ification of address at least annually.’’; and
(ii) by striking clauses (i) through (v);
(D) in paragraph (4), by striking ‘‘section
reported’’ and all that follows before the period
at the end and inserting the following: ‘‘section
shall be reported by the person in the manner
provided by State law. State procedures shall en-
sure that the updated address information is
promptly made available to a law enforcement
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agency having jurisdiction where the person will
reside and entered into the appropriate State
records or data system’’;
(E) in paragraph (5), by striking ‘‘shall
register’’ and all that follows before the period at
the end and inserting ‘‘and who moves to an-
other State, shall report the change of address to
the responsible agency in the State the person is
leaving, and shall comply with any registration
requirement in the new State of residence. The
procedures of the State the person is leaving
shall ensure that notice is provided promptly to
an agency responsible for registration in the new
State, if that State requires registration’’; and
(F) by adding at the end the following:
‘‘(7) REGISTRATION OF OUT-OF-STATE OFFEND-
ERS, FEDERAL OFFENDERS, PERSONS SENTENCED BY
COURTS MARTIAL, AND OFFENDERS CROSSING STATE
BORDERS.—As provided in guidelines issued by the
Attorney General, each State shall include in its reg-
istration program residents who were convicted in an-
other State and shall ensure that procedures are in
place to accept registration information from—
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‘‘(A) residents who were convicted in an-
other State, convicted of a Federal offense, or
sentenced by a court martial; and
‘‘(B) nonresident offenders who have crossed
into another State in order to work or attend
school.’’.
(3) REGISTRATION
OF
OFFENDER
CROSSING
STATE BORDER.—Section 170101 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C.
14071) is amended by redesignating subsections (c)
through (f) as (d) through (g), respectively, and in-
serting after subsection (b) the following:
‘‘(c) REGISTRATION OF OFFENDER CROSSING STATE
BORDER.—Any person who is required under this section
to register in the State in which such person resides shall
also register in any State in which the person is employed,
carries on a vocation, or is a student.’’.
(4) 
RELEASE
OF
INFORMATION.—Section
170101(e)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(e)(2)), as
redesignated by subsection (c) of this section, is
amended by striking ‘‘The designated’’ and all that
follows through ‘‘State agency’’ and inserting ‘‘The
State or any agency authorized by the State’’.
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(5) IMMUNITY FOR GOOD FAITH CONDUCT.—Sec-
tion 170101(f) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(f)), as re-
designated by subsection (c) of this section, is amend-
ed by striking ‘‘, and State officials’’ and inserting
‘‘and independent contractors acting at the direction
of such agencies, and State officials’’.
(6) 
FBI 
REGISTRATION.—(A) 
Section
170102(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14072(a)(2)) is
amended by striking ‘‘and ‘predatory’ ’’ and inserting
the following: ‘‘ ‘predatory’, ‘employed, or carries on a
vocation’, and ‘student’ ’’.
(B) Section 170102(a)(3) of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C.
14072(a)(3)) is amended—
(i) in subparagraph (A), by inserting ‘‘in a
range of offenses specified by State law which is
comparable to or exceeds that’’ before ‘‘de-
scribed’’;
(ii) by amending subparagraph (B) to read
as follows:
‘‘(B) participates in the national database
established under subsection (b) of this section in
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conformity with guidelines issued by the Attor-
ney General;’’; and
(iii) by amending subparagraph (C) to read
as follows:
‘‘(C) provides for verification of address at
least annually;’’.
(C) Section 170102(i) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (42 U.S.C.
14072(i)) in the matter preceding paragraph (1), is
amended by inserting ‘‘or pursuant to section
170101(b)(7)’’ after ‘‘subsection (g)’’.
(7) PAM LYCHNER SEXUAL OFFENDER TRACKING
AND IDENTIFICATION ACT OF 1996.—Section 10 of the
Pam Lychner Sexual Offender Tracking and Identi-
fication Act of 1996 is amended by inserting at the
end the following:
‘‘(d) EFFECTIVE DATE.—States shall be allowed the
time specified in subsection (b) to establish minimally suffi-
cient sexual offender registration programs for purposes of
the amendments made by section 2. Subsections (c) and (k)
of section 170102 of the Violent Crime Control and Law
Enforcement Act of 1994, and any requirement to issue re-
lated regulations, shall take effect at the conclusion of the
time provided under this subsection for the establishment
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of minimally sufficient sexual offender registration pro-
grams.’’.
(8) FEDERAL OFFENDERS AND MILITARY PER-
SONNEL.—(A) Section 4042 of title 18, United States
Code, is amended—
(i) in subsection (a)(5), by striking ‘‘sub-
section (b)’’ and inserting ‘‘subsections (b) and
(c)’’;
(ii) in subsection (b), by striking paragraph
(4);
(iii) by redesignating subsection (c) as sub-
section (d); and
(iv) by inserting after subsection (b) the fol-
lowing:
‘‘(c) NOTICE OF SEX OFFENDER RELEASE.—(1) In the
case of a person described in paragraph (4) who is released
from prison or sentenced to probation, notice shall be pro-
vided to—
‘‘(A) the chief law enforcement officer of the
State and of the local jurisdiction in which the person
will reside; and
‘‘(B) a State or local agency responsible for the
receipt or maintenance of sex offender registration in-
formation in the State or local jurisdiction in which
the person will reside.
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The notice requirements under this subsection do not apply
in relation to a person being protected under chapter 224.
‘‘(2) Notice provided under paragraph (1) shall in-
clude the information described in subsection (b)(2), the
place where the person will reside, and the information that
the person shall be subject to a registration requirement as
a sex offender. For a person who is released from the custody
of the Bureau of Prisons whose expected place of residence
following release is known to the Bureau of Prisons, notice
shall be provided at least 5 days prior to release by the
Director of the Bureau of Prisons. For a person who is sen-
tenced to probation, notice shall be provided promptly by
the probation officer responsible for the supervision of the
person, or in a manner specified by the Director of the Ad-
ministrative Office of the United States Courts. Notice con-
cerning a subsequent change of residence by a person de-
scribed in paragraph (4) during any period of probation,
supervised release, or parole shall also be provided to the
agencies and officers specified in paragraph (1) by the pro-
bation officer responsible for the supervision of the person,
or in a manner specified by the Director of the Administra-
tive Office of the United States Courts.
‘‘(3) The Director of the Bureau of Prisons shall in-
form a person described in paragraph (4) who is released
from prison that the person shall be subject to a registration
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requirement as a sex offender in any State in which the
person resides, is employed, carries on a vocation, or is a
student (as such terms are defined for purposes of section
170101(a)(3) of the Violent Crime Control and Law En-
forcement Act of 1994), and the same information shall be
provided to a person described in paragraph (4) who is sen-
tenced to probation by the probation officer responsible for
supervision of the person or in a manner specified by the
Director of the Administrative Office of the United States
Courts.
‘‘(4) A person is described in this paragraph if the per-
son was convicted of any of the following offenses (including
such an offense prosecuted pursuant to section 1152 or
1153):
‘‘(A) An offense under section 1201 involving a
minor victim.
‘‘(B) An offense under chapter 109A.
‘‘(C) An offense under chapter 110.
‘‘(D) An offense under chapter 117.
‘‘(E) Any other offense designated by the Attor-
ney General as a sexual offense for purposes of this
subsection.
‘‘(5) The United States and its agencies, officers, and
employees shall be immune from liability based on good
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faith conduct in carrying out this subsection and subsection
(b).’’.
(B)(i) Section 3563(a) of title 18, United States
Code, is amended by striking the matter at the end
of paragraph (7) beginning with ‘‘The results of a
drug test’’ and all that follows through the end of such
paragraph and inserting that matter at the end of
section 3563.
(ii) The matter inserted by subparagraph (A) at
the end of section 3563 is amended—
(I) by striking ‘‘The results of a drug test’’
and inserting the following:
‘‘(e) RESULTS OF DRUG TESTING.—The results of a
drug test’’; and
(II) by striking ‘‘paragraph (4)’’ each place
it appears and inserting ‘‘subsection (a)(5)’’.
(iii) Section 3563(a) of title 18, United States
Code, is amended—
(I) so that paragraphs (6) and (7) appear
in numerical order immediately after paragraph
(5);
(II) by striking ‘‘and’’ at the end of para-
graph (6);
(III) in paragraph (7), by striking ‘‘assess-
ments.’’ and inserting ‘‘assessments; and’’; and
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(IV) by inserting immediately after para-
graph (7) (as moved by clause (i)) the following
new paragraph:
‘‘(8) for a person described in section 4042(c)(4),
that the person report the address where the person
will reside and any subsequent change of residence to
the probation officer responsible for supervision, and
that the person register in any State where the person
resides, is employed, carries on a vocation, or is a
student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994).’’.
(iv) Section 3583(d) of title 18, United States
Code, is amended by inserting after the second sen-
tence the following: ‘‘The court shall order, as an ex-
plicit condition of supervised release for a person de-
scribed in section 4042(c)(4), that the person report
the address where the person will reside and any sub-
sequent change of residence to the probation officer re-
sponsible for supervision, and that the person register
in any State where the person resides, is employed,
carries on a vocation, or is a student (as such terms
are defined under section 170101(a)(3) of the Violent
Crime Control and Law Enforcement Act of 1994).’’.
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(v) Section 4209(a) of title 18, United States
Code, insofar as such section remains in effect with
respect to certain individuals, is amended by insert-
ing after the first sentence the following: ‘‘In every
case, the Commission shall impose as a condition of
parole for a person described in section 4042(c)(4),
that the parolee report the address where the parolee
will reside and any subsequent change of residence to
the probation officer responsible for supervision, and
that the parolee register in any State where the pa-
rolee resides, is employed, carries on a vocation, or is
a student (as such terms are defined under section
170101(a)(3) of the Violent Crime Control and Law
Enforcement Act of 1994).’’.
(C)(i) The Secretary of Defense shall specify cat-
egories of conduct punishable under the Uniform Code
of Military Justice which encompass a range of con-
duct comparable to that described in section
170101(a)(3)(A) and (B) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C.
14071(a)(3)(A) and (B)), and such other conduct as
the Secretary deems appropriate for inclusion for
purposes of this subparagraph.
(ii) In relation to persons sentenced by a court
martial for conduct in the categories specified under
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clause (i), the Secretary shall prescribe procedures
and implement a system to—
(I) provide notice concerning the release
from confinement or sentencing of such persons;
(II) inform such persons concerning reg-
istration obligations; and
(III) track and ensure compliance with reg-
istration requirements by such persons during
any period of parole, probation, or other condi-
tional release or supervision related to the of-
fense.
(iii) The procedures and requirements established
by the Secretary under this subparagraph shall, to the
maximum extent practicable, be consistent with those
specified for Federal offenders under the amendments
made by subparagraphs (A) and (B).
(iv) If a person within the scope of this subpara-
graph is confined in a facility under the control of
the Bureau of Prisons at the time of release, the Bu-
reau of Prisons shall provide notice of release and in-
form the person concerning registration obligations
under the procedures specified in section 4042(c) of
title 18, United States Code.
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(9) PROTECTED WITNESS REGISTRATION.—Sec-
tion 3521(b)(1) of title 18, United States Code, is
amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (G);
(B) by redesignating subparagraph (H) as
subparagraph (I); and
(C) by inserting after subparagraph (G) the
following:
‘‘(H) protect the confidentiality of the identity
and location of persons subject to registration require-
ments as convicted offenders under Federal or State
law, including prescribing alternative procedures to
those otherwise provided by Federal or State law for
registration and tracking of such persons; and’’.
(b) SENSE OF CONGRESS AND REPORT RELATING TO
STALKING LAWS.—
(1) SENSE
OF
CONGRESS.—It is the sense of
Congress that each State should have in effect a law
that makes it a crime to stalk any individual, espe-
cially children, without requiring that such individ-
ual be physically harmed or abducted before a stalker
is restrained or punished.
(2) REPORT.—The Attorney General shall in-
clude in an annual report under section 40610 of the
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Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14039) information concerning exist-
ing or proposed State laws and penalties for stalking
crimes against children.
(c) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act, except that—
(1) subparagraphs (A), (B), and (C) of sub-
section (a)(8) shall take effect 1 year after the date of
the enactment of this Act; and
(2) States shall have 3 years from such date of
enactment to implement amendments made by this
Act which impose new requirements under the Jacob
Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act, and the Attorney
General may grant an additional 2 years to a State
that is making good faith efforts to implement these
amendments.
SEC. 116. (a) IN GENERAL.—Section 610(b) of the De-
partments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (8 U.S.C.
1153; Public Law 102–395) is amended—
(1) by striking ‘‘300’’ and inserting ‘‘3,000’’; and
(2) by striking ‘‘five years’’ and inserting ‘‘seven
years’’.
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(b) EFFECTIVE DATE.—The amendment made by sub-
section (a)(2) shall be deemed to have become effective on
October 6, 1992.
SEC. 117. For fiscal year 1998, the Attorney General
shall provide a magnetometer and not less than one quali-
fied guard at each unsecured entrance to the real property
(including offices, buildings, and related grounds and fa-
cilities) that is leased to the United States as a place of
employment for Federal employees at 625 Silver, S.W., in
Albuquerque, New Mexico for the duration of time that De-
partment of Justice employees are occupants of this build-
ing, after which the General Services Administration shall
provide the same level of security equipment and personnel
at this location until the date on which the new Albuquer-
que federal building is occupied.
SEC. 118. Section 203(p)(1) of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C.
484(p)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B)(i) The Administrator may exercise the au-
thority under subparagraph (A) with respect to such
surplus real and related property needed by the trans-
feree or grantee for—
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‘‘(I) law enforcement purposes, as deter-
mined by the Attorney General; or
‘‘(II) emergency management response pur-
poses, including fire and rescue services, as de-
termined by the Director of the Federal Emer-
gency Management Agency.
‘‘(ii) The authority provided under this subpara-
graph shall terminate on December 31, 1999.’’.
SEC. 119. Section 1701(b)(2)(A) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd) is amended to read as follows—
‘‘(A) may not exceed 20 percent of the funds
available for grants pursuant to this subsection in
any fiscal year.’’.
SEC. 120. Section 212(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(1)) is amended—
(1) in subparagraph (A)(ii), by inserting ‘‘except
as provided in subparagraph (C),’’ after ‘‘(ii)’’; and
(2) by adding at the end the following:
‘‘(C) EXCEPTION FROM IMMUNIZATION RE-
QUIREMENT FOR ADOPTED CHILDREN 10 YEARS
OF AGE OR YOUNGER.—Clause (ii) of subpara-
graph (A) shall not apply to a child who—
‘‘(i) is 10 years of age or younger,
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‘‘(ii) 
is 
described 
in 
section
101(b)(1)(F), and
‘‘(iii) is seeking an immigrant visa as
an immediate relative under section 201(b),
if, prior to the admission of the child, an adop-
tive parent or prospective adoptive parent of the
child, who has sponsored the child for admission
as an immediate relative, has executed an affida-
vit stating that the parent is aware of the provi-
sions of subparagraph (A)(ii) and will ensure
that, within 30 days of the child’s admission, or
at the earliest time that is medically appro-
priate, the child will receive the vaccinations
identified in such subparagraph.’’.
SEC. 121. Section 233(d) of the Antiterrorism and Ef-
fective Death Penalty Act of 1996 (110 Stat. 1245) is
amended by striking ‘‘1 year after the date of enactment
of this Act’’ and inserting ‘‘October 1, 1999’’.
SEC. 122. (a) DEFINITIONS.—In this section—
(1) the terms ‘‘criminal offense against a victim
who is a minor’’, ‘‘sexually violent offense’’, and ‘‘sex-
ually violent predator’’ have the meanings given those
terms in section 170101(a) of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (42 U.S.C.
14071(a));