H. R. 2607—29
Effective October 1, 1997, the Balanced Budget Act of 1997 (Public
Law 105–33) is amended by striking section 11715.
SEC. 158. Notwithstanding any provision of any federally
granted charter or any other provision of law, the real property
of the National Education Association located in the District of
Columbia shall be subject to taxation by the District of Columbia
in the same manner as any similar organization.
SEC. 159. (a) Section 501(c)(4) of the District of Columbia Police
and Firemen’s Act of 1958 (D.C. Code, sec. 4–416(c)(4)) is amended
by striking ‘‘locality pay’’ and inserting ‘‘longevity pay’’.
(b) The amendment made by subsection (a) is effective on
the date of enactment of Public Law 105–61.
SEC. 160. In addition to amounts appropriated or otherwise
made available, $3,000,000 is appropriated for the purpose of fund-
ing a Medicare Coordinated Care Demonstration Project in the
District of Columbia as specified in section 4016(b)(2)(C) of the
Balanced Budget Act of 1997.
SEC. 161. Nothing in this Act shall be construed to authorize
any office, agency or entity to expend funds for programs or func-
tions for which a reorganization plan is required but has not been
approved by the District of Columbia Financial Responsibility and
Management Assistance Authority (hereafter in this section referred
to as ‘‘Authority’’). Appropriations made by this Act for such 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:
(1) The fourth sentence of section 1905(b) of such Act
(42 U.S.C. 1396d(b)) is amended by inserting ‘‘for the State
for a fiscal year, and that do not exceed the amount of the
State’s allotment under section 2104 (not taking into account
reductions under section 2104(d)(2)) for the fiscal year reduced
by the amount of any payments made under section 2105
to the State from such allotment for such fiscal year,’’ after
‘‘subsection (u)(3)’’.
(2) Section 1905(u) of such Act (42 U.S.C. 1396d(u)) is
amended—
(A) in paragraph (1)(B), by striking ‘‘paragraph (2)’’
and inserting ‘‘the fourth sentence of subsection (b)’’;
(B) in paragraph (2)(A), by striking ‘‘(C), but not in
excess’’ and all that follows up to the period at the end
and inserting ‘‘(B)’’;
(C) by striking subparagraphs (B) and (C) of paragraph
(2) and inserting the following:
‘‘(B) For purposes of this paragraph, the term ‘optional targeted
low-income child’ means a targeted low-income child as defined
in section 2110(b)(1) (determined without regard to that portion
of subparagraph (C) of such section concerning eligibility for medical
assistance under this title) who would not qualify for medical assist-
ance under the State plan under this title as in effect on March
31, 1997 (but taking into account the expansion of age of eligibility
effected through the operation of section 1902(l)(1)(D)).’’;
(D) in paragraph (3)—
(i) by striking ‘‘described in this subparagraph’’
and inserting ‘‘described in this paragraph’’; and
H. R. 2607—30
(ii) by striking ‘‘April 15, 1997’’ and inserting
‘‘March 31, 1997’’; and
(E) by adding at the end the following:
‘‘(4) The limitations on payment under subsections (f ) and
(g) of section 1108 shall not apply to Federal payments made
under section 1903(a)(1) based on an enhanced FMAP described
in section 2105(b).’’.
(3) Section 2110(b) of such Act (42 U.S.C. 1397jj(b)) is
amended—
(A) in paragraph (1)(B)(ii) to read as follows:
‘‘(ii) is a child—
‘‘(I) whose family income (as determined under
the State child health plan) exceeds the medicaid
applicable income level (as defined in paragraph (4)),
but does not exceed 50 percentage points above the
medicaid applicable income level;
‘‘(II) whose family income (as so determined) does
not exceed the medicaid applicable income level (as
defined in paragraph (4) but determined as if ‘June
1, 1997’ were substituted for ‘March 31, 1997’); or
‘‘(III) who resides in a State that does not have
a medicaid applicable income level (as defined in para-
graph (4)); and’’; and
(B) in paragraph (4)—
(i) by striking ‘‘June 1, 1997’’ and inserting ‘‘March
31, 1997’’; and
(ii) by inserting ‘‘or 1905(n)(2) (as selected by a
State)’’ after ‘‘1902(l)(2)’’.
(4) Section 1903(f )(4) of such Act (42 U.S.C. 1396b(f )(4))
is amended by striking ‘‘or 1905(p)(1)’’ and inserting ‘‘1905(p)(1),
or 1905(u)’’.
(5) 
Section 
2105(c)(2)(A) 
of 
such 
Act 
(42 
U.S.C.
1397ee(c)(2)(A)) is amended to read as follows—
‘‘(A) IN GENERAL.—Except as provided in this para-
graph, payment shall not be made under subsection (a)
for expenditures for items described in subsection (a) (other
than paragraph (1)) for a fiscal year to the extent the
total of such expenditures (for which payment is made
under such subsection) exceeds 10 percent of the sum of—
‘‘(i) the total of such expenditures for such fiscal
year, and
‘‘(ii) the total expenditures for medical assistance
by the State under title XIX for which Federal pay-
ments made under section 1903(a)(1) are based on
an enhanced FMAP described in section 2105(b) for
such fiscal year.’’.
(6) Section 2104 of such Act (42 U.S.C. 1397dd) is
amended—
(A) in subsection (d)(1), by striking ‘‘for calendar quar-
ters’’ and inserting ‘‘for expenditures claimed by the State’’;
and
(B) by striking subsection (d)(2) and inserting the
following:
‘‘(2) the amount (if any) of the payments made to that
State under section 1903(a) for expenditures claimed by the
State during such fiscal year that is attributable to the provi-
sion of medical assistance to a child for which payment is
H. R. 2607—31
made under section 1903(a)(1) on the basis of an enhanced
FMAP under the fourth sentence of section 1905(b).’’.
(7) Section 2105 of such Act (42 U.S.C. 1397ee) is amended
by adding at the end the following:
‘‘(f ) FLEXIBILITY IN SUBMITTAL OF CLAIMS.—Nothing in this
section or subsections (e) and (f ) of section 2104 shall be construed
as preventing a State from claiming as expenditures in the quarter
expenditures that were incurred in a previous quarter.’’.
(8) Section 2104 of such Act (42 U.S.C. 1397dd) is
amended—
(A) in subsection (a)(1), by striking ‘‘$4,275,000,000’’
and inserting ‘‘$4,295,000,000’’;
(B) in subsection (b)(4), by striking ‘‘Subject to para-
graph (5), in’’ and inserting ‘‘In’’; and
(C) in subsection (c)—
(i) in paragraph (2)(C), by inserting ‘‘the’’ before
‘‘ Virgin Islands’’, and
(ii) in paragraphs (3)(C) and (3)(E), by striking
‘‘the’’ and inserting ‘‘ The’’.
(9) Section 2110(c)(3) of such Act (42 U.S.C. 1397jj(c)(3))
is amended by striking ‘‘2191’’ and inserting ‘‘2791’’.
SEC. 163. The Administrator of General Services is authorized
to amend the use restriction contained in the Administrator’s 1956
conveyance of land to the City of Bonham, Texas, mandated by
Public Law 586 of the 84th Congress. The amended use restriction
will limit the property to State veterans, nursing homes and public
safety communications purposes only.
SEC. 164. Notwithstanding any other provision of law, rule,
or regulation, the evaluation process and instruments for evaluating
District of Columbia public schools employees shall be a non-nego-
tiable item for collective bargaining purposes.
SEC. 165. There are appropriated from such funds of the District
of Columbia, as are deemed appropriate by the District of Columbia
Financial Responsibility and Management Assistance Authority,
$2,600,000, for the Fire and Emergency Medical Services Depart-
ment for a 5 percent pay increase for uniformed firefighters.
SEC. 166. Notwithstanding any other provision of Federal or
District of Columbia law applicable to a reemployed annuitant’s
entitlement to retirement or pension benefits, the Director of the
Office of Personnel Management may waive the provisions of section
8344 of title 5 of the United States Code for any reemployed
annuitants appointed heretofore or hereafter as a Trustee under
section 11202 or 11232 of the National Capital Revitalization and
Self-Government Improvement Act of 1997, or, at the request of
such a Trustee, for any employee of such Trustee.
SEC. 167. Section 2203(i)(2)(A) of the District of Columbia
School Reform Act of 1995 (Public Law 104–134; 110 Stat. 3009–
504; D.C. Code 31–2853.13(i)(2)(A)) is amended to read as follows:
‘‘(A) IN GENERAL.—
‘‘(i) ANNUAL LIMIT.—Subject to subparagraph (B) and
clause (ii), during calendar year 1997, and during each
subsequent calendar year, each eligible chartering author-
ity shall not approve more than 10 petitions to establish
a public charter school under this subtitle.
‘‘(ii) TIMETABLE.—Any petition approved under clause
(i) shall be approved during an application approval period
that terminates on April 1 of each year. Such an approval
H. R. 2607—32
period may commence before or after January 1 of the
calendar year in which it terminates, except that any peti-
tion approved at any time during such an approval period
shall count, for purposes of clause (i), against the total
number of petitions approved during the calendar year
in which the approval period terminates.’’.
SEC. 168. Section 2205(a) of the District of Columbia School
Reform Act of 1995 (Public Law 104–134; 110 Stat. 1321–122;
D.C. Code 31–2853.15(a)) is amended by striking ‘‘7,’’ and inserting
‘‘15,’’.
SEC. 169. Section 2214(g) of the District of Columbia School
Reform Act of 1995 (Public Law 104–134; 110 Stat. 1321–133;
D.C. Code 31–2853.24(g)) is amended by inserting ‘‘to the Board’’
after ‘‘appropriated’’.
SEC. 170. Section 2401(b)(3)(B) of the District of Columbia
School Reform Act of 1995 (Public Law 104–134; 110 Stat. 1321–
137; D.C. Code 31–2853.41(b)(3)(B)) is amended—
(1) in clause (i), by striking ‘‘or’’;
(2) in clause (ii), by striking the period at the end and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(iii) to whom the school provides room and board
in a residential setting.’’.
SEC. 171. Section 2401(b)(3) of the District of Columbia School
Reform Act of 1995 (Public Law 104–134; 110 Stat. 1321–137;
D.C. Code 31–2853.41(b)(3)) is amended by adding at the end the
following:
‘‘(C) ADJUSTMENT
FOR
FACILITIES
COSTS.—Notwith-
standing paragraph (2), the Mayor and the District of
Columbia Council, in consultation with the Board of Edu-
cation and the Superintendent, shall adjust the amount
of the annual payment under paragraph (1) to increase
the amount of such payment for a public charter school
to take into account leases or purchases of, or improve-
ments to, real property, if the school, not later than April
1 of the fiscal year preceding the payment, requests such
an adjustment.’’.
SEC. 172. (a) PAYMENTS TO NEW CHARTER SCHOOLS.—Section
2403(b) of the District of Columbia School Reform Act of 1995
(Public Law 104–134; 110 Stat. 1321–140; D.C. Code 31–2853.43(b))
is amended to read as follows:
‘‘(b) PAYMENTS TO NEW SCHOOLS.—
‘‘(1) ESTABLISHMENT OF FUND.—There is established in the
general fund of the District of Columbia a fund to be known
as the ‘New Charter School Fund’.
‘‘(2) CONTENTS OF FUND.—The New Charter School Fund
shall consist of—
‘‘(A) unexpended and unobligated amounts appro-
priated from local funds for public charter schools for fiscal
year 1997 and subsequent fiscal years that reverted to
the general fund of the District of Columbia;
‘‘(B) amounts credited to the fund in accordance with
this subsection upon the receipt by a public charter school
described in paragraph (5) of its first initial payment under
subsection (a)(2)(A) or its first final payment under sub-
section (a)(2)(B); and
‘‘(C) any interest earned on such amounts.
H. R. 2607—33
‘‘(3) EXPENDITURES FROM FUND.—
‘‘(A) IN GENERAL.—Not later than June 1, 1998, and
not later than June 1 of each year thereafter, the Chief
Financial Officer of the District of Columbia shall pay,
from the New Charter School Fund, to each public charter
school described in paragraph (5), an amount equal to
25 percent of the amount yielded by multiplying the uni-
form dollar amount used in the formula established under
section 2401(b) by the total anticipated enrollment as set
forth in the petition to establish the public charter school.
‘‘(B) PRO RATA REDUCTION.—If the amounts in the New
Charter School Fund for any year are insufficient to pay
the full amount that each public charter school described
in paragraph (5) is eligible to receive under this subsection
for such year, the Chief Financial Officer of the District
of Columbia shall ratably reduce such amounts for such
year on the basis of the formula described in section
2401(b).
‘‘(C) 
FORM
OF
PAYMENT.—Payments 
under 
this
subsection shall be made by electronic funds transfer from
the New Charter School Fund to a bank designated by
a public charter school.
‘‘(4) CREDITS
TO
FUND.—Upon the receipt by a public
charter school described in paragraph (5) of—
‘‘(A) its first initial payment under subsection (a)(2)(A),
the Chief Financial Officer of the District of Columbia
shall credit the New Charter School Fund with 75 percent
of the amount paid to the school under paragraph (3);
and
‘‘(B) its first final payment under subsection (a)(2)(B),
the Chief Financial Officer of the District of Columbia
shall credit the New Charter School Fund with 25 percent
of the amount paid to the school under paragraph (3).
‘‘(5) SCHOOLS DESCRIBED.—A public charter school described
in this paragraph is a public charter school that—
‘‘(A) did not enroll any students during any portion
of the fiscal year preceding the most recent fiscal year
for which funds are appropriated to carry out this sub-
section; and
‘‘(B) operated as a public charter school during the
most recent fiscal year for which funds are appropriated
to carry out this subsection.
‘‘(6) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are
authorized to be appropriated to the Chief Financial Officer
of the District of Columbia such sums as may be necessary
to carry out this subsection for each fiscal year.’’.
(b) REDUCTION OF ANNUAL PAYMENT.—
(1) INITIAL PAYMENT.—Section 2403(a)(2)(A) of the District
of Columbia School Reform Act (Public Law 104–134; 110 Stat.
1321–139; D.C. Code 31–2853.43(a)(2)(A)) is amended to read
as follows:
‘‘(A) INITIAL PAYMENT.—
‘‘(i) IN
GENERAL.—Except as provided in clause
(ii), not later than October 15, 1996, and not later
than October 15 of each year thereafter, the Mayor
shall transfer, by electronic funds transfer, an amount
H. R. 2607—34
equal to 75 percent of the amount of the annual pay-
ment for each public charter school determined by
using the formula established pursuant to section
2401(b) to a bank designated by such school.
‘‘(ii) REDUCTION IN CASE OF NEW SCHOOL.—In the
case of a public charter school that has received a
payment under subsection (b) in the fiscal year imme-
diately preceding the fiscal year in which a transfer
under clause (i) is made, the amount transferred to
the school under clause (i) shall be reduced by an
amount equal to 75 percent of the amount of the
payment under subsection (b).’’.
(2) FINAL PAYMENT.—Section 2403(a)(2)(B) of the District
of Columbia School Reform Act (Public Law 104–134; 110 Stat.
1321–139; D.C. Code 31–2853.43(a)(2)(B)) is amended—
(A) in clause (i)—
(i) by inserting ‘‘IN GENERAL.—’’ before ‘‘Except’’;
and
(ii) by striking ‘‘clause (ii),’’ and inserting ‘‘clauses
(ii) and (iii),’’;
(B) in clause (ii), by inserting ‘‘ADJUSTMENT
FOR
ENROLLMENT.—’’ before ‘‘Not later than March 15, 1997,’’;
and
(C) by adding at the end the following:
‘‘(iii) REDUCTION IN CASE OF NEW SCHOOL.—In the
case of a public charter school that has received a
payment under subsection (b) in the fiscal year imme-
diately preceding the fiscal year in which a transfer
under clause (i) is made, the amount transferred to
the school under clause (i) shall be reduced by an
amount equal to 25 percent of the amount of the
payment under subsection (b).’’.
This title may be cited as the ‘‘District of Columbia Appropria-
tions Act, 1998’’.
TITLE II—CLARIFICATION OF ELIGIBILITY FOR RELIEF
FROM REMOVAL AND DEPORTATION FOR CERTAIN ALIENS
SEC. 201. SHORT TITLE.—This title may be cited as the
‘‘Nicaraguan Adjustment and Central American Relief Act’’.
SEC. 202. ADJUSTMENT OF STATUS OF CERTAIN NICARAGUANS
AND CUBANS. (a) ADJUSTMENT OF STATUS.—
(1) IN
GENERAL.—Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien—
(A) applies for such adjustment before April 1, 2000;
and
(B) is otherwise eligible to receive an immigrant visa
and is otherwise admissible to the United States for perma-
nent residence, except in determining such admissibility
the grounds for inadmissibility specified in paragraphs (4),
(5), (6)(A), and (7)(A) of section 212(a) of the Immigration
and Nationality Act shall not apply.
(2) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS.—
An alien present in the United States who has been ordered
H. R. 2607—35
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply
for adjustment of status under paragraph (1). Such an alien
may not be required, as a condition of submitting or granting
such application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the applica-
tion, the Attorney General shall cancel the order. If the Attor-
ney General renders a final administrative decision to deny
the application, the order shall be effective and enforceable
to the same extent as if the application had not been made.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.—
(1) IN GENERAL.—The benefits provided by subsection (a)
shall apply to any alien who is a national of Nicaragua or
Cuba and who has been physically present in the United States
for a continuous period, beginning not later than December
1, 1995, and ending not earlier than the date the application
for adjustment under such subsection is filed, except an alien
shall not be considered to have failed to maintain continuous
physical presence by reason of an absence, or absences, from
the United States for any periods in the aggregate not exceeding
180 days.
(2) PROOF OF COMMENCEMENT OF CONTINUOUS PRESENCE.—
For purposes of establishing that the period of continuous phys-
ical presence referred to in paragraph (1) commenced not later
than December 1, 1995, an alien—
(A) shall demonstrate that the alien, prior to December
1, 1995—
(i) applied to the Attorney General for asylum;
(ii) was issued an order to show cause under
section 242 or 242B of the Immigration and Nationality
Act (as in effect prior to April 1, 1997);
(iii) was placed in exclusion proceedings under
section 236 of such Act (as so in effect);
(iv) applied for adjustment of status under section
245 of such Act;
(v) applied to the Attorney General for employment
authorization;
(vi) performed service, or engaged in a trade or
business, within the United States which is evidenced
by records maintained by the Commissioner of Social
Security; or
(vii) applied for any other benefit under the
Immigration and Nationality Act by means of an
application establishing the alien’s presence in the
United States prior to December 1, 1995; or
(B) shall make such other demonstration of physical
presence as the Attorney General may provide for by
regulation.
(c) STAY OF REMOVAL; WORK AUTHORIZATION.—
(1) IN GENERAL.—The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal to seek a stay of such order based on the filing
of an application under subsection (a).
(2) DURING CERTAIN PROCEEDINGS.—Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the
H. R. 2607—36
United States, if the alien is in exclusion, deportation, or
removal proceedings under any provision of such Act and has
applied for adjustment of status under subsection (a), except
where the Attorney General has rendered a final administrative
determination to deny the application.
(3) WORK
AUTHORIZATION.—The Attorney General may
authorize an alien who has applied for adjustment of status
under subsection (a) to engage in employment in the United
States during the pendency of such application and may provide
the alien with an ‘‘employment authorized’’ endorsement or
other appropriate document signifying authorization of employ-
ment, except that if such application is pending for a period
exceeding 180 days, and has not been denied, the Attorney
General shall authorize such employment.
(d) ADJUSTMENT
OF STATUS
FOR SPOUSES
AND CHILDREN.—
(1) IN
GENERAL.—Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien lawfully
admitted for permanent residence, if—
(A) the alien is a national of Nicaragua or Cuba;
(B) the alien is the spouse, child, or unmarried son
or daughter, of an alien whose status is adjusted to that
of an alien lawfully admitted for permanent residence
under subsection (a), except that in the case of such an
unmarried son or daughter, the son or daughter shall be
required to establish that they have been physically present
in the United States for a continuous period, beginning
not later than December 1, 1995, and ending not earlier
than the date the application for adjustment under this
subsection is filed;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed;
(D) the alien is otherwise eligible to receive an
immigrant visa and is otherwise admissible to the United
States for permanent residence, except in determining such
admissibility the grounds for exclusion specified in para-
graphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the
Immigration and Nationality Act shall not apply; and
(E) applies for such adjustment before April 1, 2000.
(2) PROOF
OF
CONTINUOUS
PRESENCE.—For purposes of
establishing the period of continuous physical presence referred
to in paragraph (1)(B), an alien—
(A) shall demonstrate that such period commenced not
later than December 1, 1995, in a manner consistent with
subsection (b)(2); and
(B) shall not be considered to have failed to maintain
continuous physical presence by reason of an absence, or
absences, from the United States for any period in the
aggregate not exceeding 180 days.
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—The Attorney
General shall provide to applicants for adjustment of status under
subsection (a) the same right to, and procedures for, administrative
review as are provided to—
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
H. R. 2607—37
(2) aliens subject to removal proceedings under section
240 of such Act.
(f ) LIMITATION ON JUDICIAL REVIEW.—A determination by the
Attorney General as to whether the status of any alien should
be adjusted under this section is final and shall not be subject
to review by any court.
(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—When an
alien is granted the status of having been lawfully admitted for
permanent residence pursuant to this section, the Secretary of
State shall not be required to reduce the number of immigrant
visas authorized to be issued under any provision of the Immigra-
tion and Nationality Act.
(h) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVI-
SIONS.—Except as otherwise specifically provided in this section,
the definitions contained in the Immigration and Nationality Act
shall apply in the administration of this section. Nothing contained
in this section shall be held to repeal, amend, alter, modify, affect,
or restrict the powers, duties, functions, or authority of the Attorney
General in the administration and enforcement of such Act or
any other law relating to immigration, nationality, or naturaliza-
tion. The fact that an alien may be eligible to be granted the
status of having been lawfully admitted for permanent residence
under this section shall not preclude the alien from seeking such
status under any other provision of law for which the alien may
be eligible.
SEC. 203. MODIFICATION OF CERTAIN TRANSITION RULES. (a)
TRANSITIONAL RULES WITH REGARD TO SUSPENSION OF DEPORTA-
TION.—
(1) IN GENERAL.—Section 309(c)(5) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996 (Public
Law 104–208; division C; 110 Stat. 3009–627) is amended to
read as follows:
‘‘(5) TRANSITIONAL RULES WITH REGARD TO SUSPENSION OF
DEPORTATION.—
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and
(C), paragraphs (1) and (2) of section 240A(d) of the
Immigration and Nationality Act (relating to continuous
residence or physical presence) shall apply to orders to
show cause (including those referred to in section
242B(a)(1) of the Immigration and Nationality Act, as in
effect before the title III–A effective date), issued before,
on, or after the date of the enactment of this Act.
‘‘(B) EXCEPTION
FOR
CERTAIN
ORDERS.—In any case
in which the Attorney General elects to terminate and
reinitiate proceedings in accordance with paragraph (3)
of this subsection, paragraphs (1) and (2) of section 240A(d)
of the Immigration and Nationality Act shall not apply
to an order to show cause issued before April 1, 1997.
‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED TEM-
PORARY PROTECTION FROM DEPORTATION.—
‘‘(i) IN GENERAL.—For purposes of calculating the
period of continuous physical presence under section
244(a) of the Immigration and Nationality Act (as in
effect before the title III–A effective date) or section
240A of such Act (as in effect after the title III–A
effective date), subparagraph (A) and paragraphs (1)
and (2) of section 240A(d) of the Immigration and
H. R. 2607—38
Nationality Act shall not apply in the case of an alien,
regardless of whether the alien is in exclusion or depor-
tation proceedings before the title III–A effective date,
who has not been convicted at any time of an aggra-
vated 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 Septem-
ber 19, 1990, and who registered for benefits
pursuant to the settlement agreement in
American 
Baptist 
Churches, 
et 
al. 
v.
Thornburgh (ABC), 760 F. Supp. 796 (N.D.
Cal. 1991) on or before October 31, 1991, or
applied for temporary protected status on or
before October 31, 1991; or
‘‘(bb) a Guatemalan national who first
entered the United States on or before October
1, 1990, and who registered for benefits pursu-
ant to such settlement agreement on or before
December 31, 1991;
‘‘(II) is a Guatemalan or Salvadoran national
who filed an application for asylum with the
Immigration and Naturalization Service on or
before April 1, 1990;
‘‘(III) is the spouse or child (as defined in
section 101(b)(1) of the Immigration and National-
ity Act) of an individual, at the time a decision
is rendered to suspend the deportation, or cancel
the removal, of such individual, if the individual
has been determined to be described in this clause
(excluding this subclause and subclause (IV));
‘‘(IV) is the unmarried son or daughter of an
alien parent, at the time a decision is rendered
to suspend the deportation, or cancel the removal,
of such alien parent, if—
‘‘(aa) the alien parent has been determined
to be described in this clause (excluding this
subclause and subclause (III)); and
‘‘(bb) in the case of a son or daughter
who is 21 years of age or older at the time
such decision is rendered, the son or daughter
entered the United States on or before October
1, 1990; or
‘‘(V) is an alien who entered the United States
on or before December 31, 1990, who filed an
application for asylum on or before December 31,
1991, and who, at the time of filing such applica-
tion, was a national of the Soviet Union, Russia,
any republic of the former Soviet Union, Latvia,
Estonia, Lithuania, Poland, Czechoslovakia, Roma-
nia, Hungary, Bulgaria, Albania, East Germany,
Yugoslavia, or any state of the former Yugoslavia.
‘‘(ii) LIMITATION
ON
JUDICIAL
REVIEW.—A deter-
mination by the Attorney General as to whether an
alien satisfies the requirements of this clause (i) is
H. R. 2607—39
final and shall not be subject to review by any court.
Nothing in the preceding sentence shall be construed
as limiting the application of section 242(a)(2)(B) of
the Immigration and Nationality Act (as in effect after
the title III–A effective date) to other eligibility deter-
minations pertaining to discretionary relief under this
Act.’’.
(2) CONFORMING AMENDMENT.—Subsection (c) of section
309 of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (Public Law 104–208; division C; 110 Stat.
3009–625) is amended by striking the subsection designation
and the subsection heading and inserting the following:
‘‘(c) TRANSITION FOR CERTAIN ALIENS.—’’.
(b) SPECIAL RULE FOR CANCELLATION OF REMOVAL.—Section
309 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (Public Law 104–208; 110 Stat. 3009–625) is amended
by adding at the end the following:
‘‘(f ) SPECIAL RULE FOR CANCELLATION OF REMOVAL.—
‘‘(1) IN GENERAL.—Subject to the provisions of the Immigra-
tion and Nationality Act (as in effect after the title III–A
effective date), other than subsections (b)(1), (d)(1), and (e)
of section 240A of such Act (but including section 242(a)(2)(B)
of such Act), the Attorney General may, under section 240A
of such Act, cancel removal of, and adjust to the status of
an alien lawfully admitted for permanent residence, an alien
who is inadmissible or deportable from the United States, if
the alien applies for such relief, the alien is described in
subsection (c)(5)(C)(i) of this section, and—
‘‘(A) the alien—
‘‘(i) is not inadmissible or deportable under para-
graph (2) or (3) of section 212(a) or paragraph (2),
(3), or (4) of section 237(a) of the Immigration and
Nationality Act and is not an alien described in section
241(b)(3)(B)(i) of such Act;
‘‘(ii) has been physically present in the United
States for a continuous period of not less than 7 years
immediately preceding the date of such application;
‘‘(iii) has been a person of good moral character
during such period; and
‘‘(iv) establishes that removal would result in
extreme hardship to the alien or to the alien’s spouse,
parent, or child, who is a citizen of the United States
or an alien lawfully admitted for permanent residence;
or
‘‘(B) the alien—
‘‘(i) is inadmissible or deportable under section
212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or
237(a)(3) of the Immigration and Nationality Act;
‘‘(ii) 
is 
not 
an 
alien 
described 
in 
section
241(b)(3)(B)(i) or 101(a)(43) of such Act;
‘‘(iii) has been physically present in the United
States for a continuous period of not less than 10
years immediately following the commission of an act,
or the assumption of a status, constituting a ground
for removal;
‘‘(iv) has been a person of good moral character
during such period; and
H. R. 2607—40
‘‘(v) establishes that removal would result in excep-
tional 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 admit-
ted for permanent residence.
‘‘(2) TREATMENT OF CERTAIN BREAKS IN PRESENCE.—Section
240A(d)(2) shall apply for purposes of calculating any period
of continuous physical presence under this subsection, except
that the reference to subsection (b)(1) in such section shall
be considered to be a reference to paragraph (1) of this section.’’.
(c) MOTIONS TO REOPEN DEPORTATION OR REMOVAL PROCEED-
INGS.—Section 309 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104–208; 110
Stat. 3009–625), as amended by subsection (b), is further amended
by adding at the end the following:
‘‘(g) MOTIONS TO REOPEN DEPORTATION OR REMOVAL PROCEED-
INGS.—Notwithstanding any limitation imposed by law on motions
to reopen removal or deportation proceedings (except limitations
premised on an alien’s conviction of an aggravated felony (as defined
in section 101(a) of the Immigration and Nationality Act)), any
alien who has become eligible for cancellation of removal or suspen-
sion of deportation as a result of the amendments made by section
203 of the Nicaraguan Adjustment and Central American Relief
Act may file one motion to reopen removal or deportation proceed-
ings to apply for cancellation of removal or suspension of deporta-
tion. The Attorney General shall designate a specific time period
in which all such motions to reopen are required to be filed. The
period shall begin not later than 60 days after the date of the
enactment of the Nicaraguan Adjustment and Central American
Relief Act and shall extend for a period not to exceed 240 days.’’.
(d) TEMPORARY REDUCTION IN DIVERSITY VISAS.—
(1) Beginning in fiscal year 1999, subject to paragraph
(2), the number of visas available for a fiscal year under section
201(e) of the Immigration and Nationality Act shall be reduced
by 5,000 from the number of visas available under that section
for such fiscal year.
(2) In no case shall the reduction under paragraph (1)
for a fiscal year exceed the amount by which—
(A) one-half of the total number of individuals
described in subclauses (I), (II), (III), and (IV) of section
309(c)(5)(C) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 who have adjusted
their status to that of aliens lawfully admitted for perma-
nent residence under the Nicaraguan Adjustment and
Central American Relief Act as of the end of the previous
fiscal year exceeds—
(B) the total of the reductions in available visas under
this subsection for all previous fiscal years.
(e) TEMPORARY REDUCTION IN OTHER WORKERS’ VISAS.—
(1) Beginning in the fiscal year following the fiscal year
in which a visa has been made available under section
203(b)(3)(A)(iii) of the Immigration and Nationality Act for all
aliens who are the beneficiary of a petition approved under
section 204 of such Act as of the date of the enactment of
this Act for classification under section 203(b)(3)(A)(iii) of such
Act, subject to paragraph (2), visas available under section
203(b)(3)(A)(iii) of that Act shall be reduced by 5,000 from
H. R. 2607—41
the number of visas otherwise available under that section
for such fiscal year.
(2) In no case shall the reduction under paragraph (1)
for a fiscal year exceed the amount by which—
(A) the number computed under subsection (d)(2)(A),
exceeds—
(B) the total of the reductions in available visas under
this subsection for all previous fiscal years.
(f ) EFFECTIVE DATE.—The amendments made by this section
to the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 shall take effect as if included in the enactment of
such Act.
SEC. 204. LIMITATION
ON CANCELLATIONS
OF REMOVAL
AND
SUSPENSIONS OF DEPORTATION. (a) ANNUAL LIMITATION.—Section
240A(e) of the Immigration and Nationality Act (8 U.S.C. 1229b(e))
is amended to read as follows:
‘‘(e) ANNUAL LIMITATION.—
‘‘(1) AGGREGATE LIMITATION.—Subject to paragraphs (2) and
(3), the Attorney General may not cancel the removal and
adjust the status under this section, nor suspend the deporta-
tion and adjust the status under section 244(a) (as in effect
before the enactment of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996), of a total of more than
4,000 aliens in any fiscal year. The previous sentence shall
apply regardless of when an alien applied for such cancellation
and adjustment, or such suspension and adjustment, and
whether such an alien had previously applied for suspension
of deportation under such section 244(a). The numerical limita-
tion under this paragraph shall apply to the aggregate number
of decisions in any fiscal year to cancel the removal (and adjust
the status) of an alien, or suspend the deportation (and adjust
the status) of an alien, under this section or such section
244(a).
‘‘(2) FISCAL YEAR 1997.—For fiscal year 1997, paragraph
(1) shall only apply to decisions to cancel the removal of an
alien, or suspend the deportation of an alien, made after April
1, 1997. Notwithstanding any other provision of law, the Attor-
ney General may cancel the removal or suspend the deportation,
in addition to the normal allotment for fiscal year 1998, of
a number of aliens equal to 4,000 less the number of such
cancellations of removal and suspensions of deportation granted
in fiscal year 1997 after April 1, 1997.
‘‘(3) EXCEPTION FOR CERTAIN ALIENS.—Paragraph (1) shall
not apply to the following:
‘‘(A) Aliens described in section 309(c)(5)(C)(i) of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (as amended by the Nicaraguan Adjustment
and Central American Relief Act).
‘‘(B) Aliens in deportation proceedings prior to April
1, 1997, who applied for suspension of deportation under
section 244(a)(3) (as in effect before the date of the enact-
ment of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).’’.
H. R. 2607—42
(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS
FOR CERTAIN NONPERMANENT RESIDENTS.—Section 240A(b) of the
Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended
in each of paragraphs (1) and (2) by striking ‘‘may cancel removal
in the case of an alien’’ and inserting ‘‘may cancel removal of,
and adjust to the status of an alien lawfully admitted for permanent
residence, an alien’’.
(c) RECORDATION OF DATE.—Section 240A(b)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229b(b)(3)) is amended to read
as follows:
‘‘(3) RECORDATION OF DATE.—With respect to aliens who
the Attorney General adjusts to the status of an alien lawfully
admitted for permanent residence under paragraph (1) or (2),
the Attorney General shall record the alien’s lawful admission
for permanent residence as of the date of the Attorney General’s
cancellation of removal under paragraph (1) or (2).’’.
(d) APRIL 1 EFFECTIVE DATE FOR AGGREGATE LIMITATION.—
Section 309(c)(7) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104–208; division C; 110
Stat. 3009–627) is amended to read as follows:
‘‘(7) LIMITATION ON SUSPENSION OF DEPORTATION.—After
April 1, 1997, the Attorney General may not suspend the depor-
tation and adjust the status under section 244 of the Immigra-
tion and Nationality Act (as in effect before the title III–A
effective date) of any alien in any fiscal year, except in accord-
ance with section 240A(e) of such Act. The previous sentence
shall apply regardless of when an alien applied for such suspen-
sion and adjustment.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104–208; 110 Stat. 3009–546).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.