An Act making omnibus consolidated appropriations for the fiscal year ending September 30, 1998, and for other purposes.
PL 105-100 (H.R.2607), enacted 11/19/1997

I l l STAT. 2160 
PUBLIC LAW 105-100—NOV. 19, 1997 
Nov. 19. 1997 
District of 
Columbia 
Appropriations 
Act, 1998. 
Public Law 105-100 
105th Congress 
An Act 
Making appropriations for the government of the District of Columbia and other 
activities chargeable in whole or in part against the revenues of said District 
[H.R. 2607] 
for the fiscal year ending September 30, 1998, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the District of Columbia for the 
fiscal year ending September 30, 1998, and for other purposes, 
namely: 
TITLE I—FISCAL YEAR 1998 APPROPRIATIONS 
FEDERAL FUNDS 
FEDERAL PAYMENT FOR MANAGEMENT REFORM 
For payment to the District of Columbia, as authorized by 
section 11103(c) of the National Capital Revitalization and Self-
Government Improvement Act of 1997, Public Law 105-33, 
$8,000,000, to remain available until September 30, 1999, which 
shall be deposited into an escrow account of the District of Columbia 
Financial Responsibility and Management Assistance Authority and 
shall be disbursed from such escrow account pursuant to the 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 deposited into an escrow 
account held by the District of Columbia Financial Responsibility 
and Management Assistance Authority, which shall allocate the 
funds to the Mayor at such intervals and in accordance with such 
terms and conditions as it considers appropriate to implement the 
financial plan for the year: Provided, That these funds may be 
used by the District of Columbia for the costs of advances to 
the District government as authorized by section 11402 of the 
National Capital Revitalization and Self-Grovernment Improvement 
Act of 1997, Public Law 105-33: Provided further. That not less 
than $30,000,000 shall be used by the District of Columbia to 
repay the accumulated general fund deficit. 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2161 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA CORRECTIONS 
TRUSTEE OPERATIONS 
For payment to the District of Columbia Corrections Trustee, 
$169,000,000 for the administration and operation of correctional 
facilities and for the administrative operating costs of the Office 
of the Corrections Trustee, as authorized by section 11202 of the 
National Capital Revitalization and Self-Government Improvement 
Act of 1997, Pubhc Law 105-33. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA CORRECTIONS 
TRUSTEE 
FOR 
CORRECTIONAL 
FACILITIES, 
CONSTRUCTION 
AND 
REPAIR 
For payment to the District of Columbia Corrections Trustee 
for Correctional Facilities, $302,000,000, to remain available until 
expended, of which not less than $294,900,000 is available for 
transfer to the Federal Prison System, as authorized by section 
11202 of the National Capital Revitalization and Self-Government 
Improvement Act of 1997, Public Law 105-33. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 
CRIMINAL JUSTICE SYSTEM 
(INCLUDING TRANSFER OF FUNDS) 
Notwithstanding any other provision of law, $108,000,000 for 
payment to the Joint Committee on Judicial Administration in 
the District of Columbia for operation of the District of Columbia 
Courts, including pension costs: Provided, That said sums shall 
be paid quarterly by the Treasury of the United States based 
on quarterly apportionments approved by the Office of Management 
and Budget, with payroll and financial services to be provided 
on a contractual basis with the General Services Administration, 
said services to include the preparation and submission of monthly 
financial reports to the President and to the Committees on Appro-
priations of the Senate and House of Representatives, the Commit-
tee on Governmental Affairs of the Senate, and the Committee 
on Government Reform and Oversight of the House of Representa-
tives; of which not to exceed $750,000 shall be available for 
establishment and operations of the District of Columbia Truth 
in Sentencing Commission as authorized by section 11211 of the 
National Capital Revitalization and Self-Government Improvement 
Act of 1997, Public Law 105-33. 
Notwithstanding any other provision of law, for an additional 
amount, $43,000,000, for payment to the Offender Supervision 
Trustee to be available only for obligation by the Offender Super-
vision Trustee; of which $26,855,000 shall be available for Parole, 
Adult Probation and Offender Supervision; of which $9,000,000 
shall be available to the Public Defender Service; of which 
$6,345,000 shall be available to the Pretrial Services Agency; and 
of which not to exceed $800,000 shall be transferred to the United 
States Parole Commission to implement section 11231 of the 
National Capital Revitalization and Self-Government Improvement 
Act of 1997, Pubhc Law 105-33. 
I l l STAT. 2162 
PUBLIC LAW 105-100—NOV. 19, 1997 
DISTRICT OF COLUMBIA FUNDS 
OPERATING EXPENSES 
DIVISION OF EXPENSES 
The following amounts are appropriated for the District of 
Columbia for the current fiscal year out of the general fund of 
the District of Columbia, except as otherwise specifically provided. 
GOVERNMENTAL DIRECTION AND SUPPORT 
Governmental direction and support, $105,177,000 (including 
$84,316,000 from local funds, $14,013,000 from Federal funds, and 
$6,848,000 from other funds): Provided, That not to exceed $2,500 
for the Mayor, $2,500 for the Chairman of the Council of the 
District of Columbia, and $2,500 for the City Administrator shall 
be available from this appropriation for official purposes: Provided 
further. That any program fees collected from the issuance of debt 
shall be available for the payment of expenses of the debt manage-
ment program of the District of Columbia: Provided further. That 
no revenues from Federal sources shall be used to support the 
operations or activities of the Statehood Commission and Statehood 
Compact Commission: Provided further. That the District of Colum-
bia shall identify the sources of funding for Admission to Statehood 
from its own locally generated revenues: Provided further, 
That 
$240,000 shall be available for citywide special elections: Provided 
further, That all employees permanently assigned to work in the 
Office of the Mayor shall be paid from funds allocated to the 
Office of the Mayor. 
ECONOMIC DEVELOPMENT AND REGULATION 
Economic development and regulation, $120,072,000 (including 
$40,377,000 from local funds, $42,065,000 fi-om 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 Busi-
ness Improvement Districts Act of 1996, effective May 29, 1996 
(D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business 
Improvement Districts Temporary Amendment Act of 1997 (Bill 
12-230). 
PUBLIC SAFETY AND JUSTICE 
Public safety and justice, including purchase or lease of 135 
passenger-carrying vehicles for replacement only, including 130 for 
police-t3^e use and five for fire-t5^e use, without regard to the 
general purchase price limitation for the current fiscal year, 
$529,739,000 (including $510,326,000 fi-om 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-carrjdng vehicles and the Department 
of Fire and Emergency Medical Services of the District of Columbia 
is authorized to replace not to exceed five passenger-carrying 
vehicles annually whenever the cost of repair to any damaged 
vehicle exceeds three-fourths of the cost of the replacement: Pro-
vided further. That not to exceed $500,000 shall be available from 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2163 
this appropriation for the Chief of PoHce for the prevention and 
detection of crime: Provided further, That the MetropoHtan Police Reports. 
Department shall provide quarterly reports to the Committees on 
Appropriations of the House and Senate on efforts to increase 
efficiency and improve the professionalism in the department: Pro-
vided further, That notwithstanding any other provision of law, 
or Mayor's Order 86-45, issued March 18, 1986, the Metropolitan 
Police Department's delegated small purchase authority shall be 
$500,000: Provided further, That the District of Columbia govern-
ment may not require the Metropolitan Police Department to submit 
to any other procurement review process, or to obtain the approval 
of or be restricted in any manner by any official or employee 
of the District of Columbia government, for purchases that do 
not exceed $500,000: Provided further. 
That the Mayor shall 
reimburse the District of Columbia National Guard for expenses 
incurred in connection with services that are performed in emer-
gencies by the National Guard in a militia status and are requested 
by the Mayor, in amounts that shall be jointly determined and 
certified as due and payable for these services by the Mayor and 
the Commanding General of the District of Columbia National 
Guard: Provided further, That such sums as may be necessary 
for reimbursement to the District of Columbia National Guard 
under the preceding proviso shall be available from this appropria-
tion, and the availability of the sums shall be deemed as constitut-
ing 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 Metropoli-
tan Police Department shall be detailed or assigned to the Executive 
Protection Unit, until the Chief of Police submits a recommendation 
to the Council for its review: Provided further. That $100,000 shall 
be available for inmates released on medical and geriatric parole: 
Provided further. That not less than $2,254,754 shall be available 
to support a pay raise for uniformed firefighters, when authorized 
by the District of Columbia Council and the District of Columbia 
Financial Responsibility and Management Assistance Authority, 
which funding will be made available as savings achieved through 
actions within the appropriated budget: Provided further. That, Reports. 
commencing on December 31, 1997, the Metropolitan Police Depart-
ment 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 Government 
Reform and Oversight of the House of Representatives, quarterly 
reports on the status of crime reduction in each of the 83 police 
service areas established throughout the District of Columbia: Pro-
vided further. That funds appropriated for expenses under the Dis-
trict of Columbia Criminal Justice Act, approved September 3, 
1974 (88 Stat. 1090; Pubhc Law 93-412; D.C. Code, sec. 11-2601 
et seq.), for the fiscal year ending September 30, 1998, shall be 
available for obligations incurred under the Act in each fiscal year 
since inception in fiscal year 1975: Provided further, That funds 
appropriated for expenses under the District of Columbia Neglect 
Representation Equity Act of 1984, effective March 13, 1985 (D.C. 
Law 5-129; D.C. Code, sec. 16-2304), for the fiscal year ending 
September 30, 1998, shall be available for obligations incurred 
under the Act in each fiscal year since inception in fiscal year 
1985: Provided further. That funds appropriated for expenses under 
I l l STAT. 2164 
PUBLIC LAW 105-100—NOV. 19, 1997 
the District of Columbia Guardianship, Protective Proceedings, and 
Durable Power of Attorney Act of 1986, effective February 27, 
1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060), for the fiscal 
year ending September 30, 1998, shall be available for obligations 
incurred under the Act in each fiscal year since inception in fiscal 
year 1989. 
PUBLIC EDUCATION SYSTEM 
Public education system, including the development of national 
defense education programs, $672,444,000 (including $530,197,000 
from local funds, $112,806,000 from Federal funds, and $29,441,000 
from other funds), to be allocated as follows: $564,129,000 (including 
$460,143,000 from local funds, $98,491,000 from Federal funds, 
and $5,495,000 from other funds), for the public schools of the 
District of Columbia; $8,900,000 from local funds for the District 
of Columbia Teachers' Retirement Fund; $3,376,000 from local funds 
(not including funds already made available for District of Columbia 
public schools) for public charter schools: Provided, That if the 
entirety of this allocation has not been provided as payments to 
any public charter schools currently in operation through the per 
pupil funding formula, the funds shall be available for new public 
charter schools on a per pupil basis: Provided further, That $400,000 
be available to the District of Columbia Public Charter School 
Board for administrative costs: Provided further, That if the entirety 
of this allocation has not been provided as payment to one or 
more public charter schools by May 1, 1998, and 
remains 
unallocated, the funds shall be deposited into a special revolving 
loan fund described in section 172 of this Act to be used solely 
to assist existing or new public charter schools in meeting startup 
Reports. 
and operating costs: Provided further. That the Emergency Transi-
tional Education Board of Trustees of the District of Columbia 
shall report to Congress not later than 120 days after the date 
of enactment of this Act on the capital needs of each public charter 
school and whether the current per pupil funding formula should 
reflect these needs: Provided further. That until the Emergency 
Transitional Education Board of Trustees reports to Congress as 
provided in the preceding proviso, the Emergency Transitional Edu-
cation Board of Trustees shall take appropriate steps to provide 
public charter schools with assistance to meet capital expenses 
in a manner that is equitable with respect to assistance provided 
Reports. 
to other District of Columbia public schools: Provided further, That 
the Emergency Transitional Education Board of Trustees shall 
report to Congress not later than November 1, 1998, on the 
implementation of their policy to give preference to newly created 
District of Columbia public charter schools for surplus public school 
property; $74,087,000 (including $37,791,000 from local funds, 
$12,804,000 from Federal fiinds, and $23,492,000 from other funds) 
for the University of the District of Columbia; $22,036,000 (includ-
ing $20,424,000 from local funds, $1,158,000 from Federal funds, 
and $454,000 from other funds) for the Public Library; $2,057,000 
(including $1,704,000 from local funds and $353,000 from Federal 
funds) for the Commission on the Arts and Humanities: Provided 
further. That the public schools of the District of Columbia are 
authorized to accept not to exceed 31 motor vehicles for exclusive 
use in the driver education program: Provided further, That not 
to exceed $2,500 for the Superintendent of Schools, $2,500 for 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2165 
the President of the University of the District of Columbia, and 
$2,000 for the Pubhc Librarian shall be available from this appro-
priation for official purposes: Provided further, That not less than 
$1,200,000 shall be available for local school allotments in a 
restricted line item: Provided further. That not less than $4,500,000 
shall be available to support kindergarten aides in a restricted 
line item: Provided further. That not less than $2,800,000 shall 
be available to support substitute teachers in a restricted line 
item: Provided further. That not less than $1,788,000 shall be 
available in a restricted line item for school counselors: Provided 
further. That this appropriation shall not be available to subsidize 
the education of nonresidents of the District of Columbia at the 
University of the District of Columbia, unless the Board of Trustees 
of the University of the District of Columbia adopts, for the fiscal 
year ending September 30, 1998, a tuition rate schedule that will 
establish the tuition rate for nonresident students at a level no 
lower than the nonresident tuition rate charged at comparable 
public institutions of higher education in the metropolitan area. 
HUMAN SUPPORT SERVICES 
Human 
support 
services, 
$1,718,939,000 
(including 
$789,350,000 from local funds, $886,702,000 from Federal funds, 
and $42,887,000 from other funds): Provided, That $21,089,000 
of this appropriation, to remain available until expended, shall 
be available solely for District of Columbia employees' disability 
compensation: Provided further, That a peer review committee shall 
be established to review medical payments and the type of service 
received by a disability compensation claimant: Provided 
further. 
That the District of Columbia shall not provide free government 
services such as water, sewer, solid waste disposal or collection, 
utilities, maintenance, repairs, or similar services to any legally 
constituted private nonprofit organization (as defined in section 
411(5) of Pubhc Law 100-77, approved July 22, 1987) providing 
emergency shelter services in the District, if the District would 
not be qualified to receive reimbursement pursuant to the Stewart 
B. McKinney Homeless Assistance Act, approved July 22, 1987 
(101 Stat. 485; Pubhc Law 100-77; 42 U.S.C. 11301 et seq.). 
PUBLIC WORKS 
Public works, including rental of one passenger-carr5dng vehicle 
for use by the Mayor and three passenger-carrying vehicles for 
use by the Council of the District of Columbia and leasing of 
passenger-carrying vehicles, $241,934,000 (including $227,983,000 
from local funds, $3,350,000 from Federal funds, and $10,601,000 
from other funds): Provided, That this appropriation shall not be 
available for collecting ashes or miscellaneous refuse from hotels 
and places of business: Provided further. That $3,000,000 shall 
be available for the lease financing, operation, and maintenance 
of two mechanical street sweepers, one flusher truck, five packer 
trucks, one front-end loader, and various public litter containers: 
Provided further. That $2,400,000 shall be available for recycling 
activities. 
I l l STAT. 2166 
PUBLIC LAW 105-100—NOV. 19, 1997 
FINANCING AND OTHER USES 
Financing and other uses, $454,773,000 (including for payment 
to the Washington Convention Center, $5,400,000 from local funds; 
reimbursement to the United States of funds loaned in compliance 
with An Act to provide for the establishment of a modern, adequate, 
and efficient hospital center in the District of Columbia, approved 
August 7, 1946 (60 Stat. 896; Public Law 79-648); section 1 of 
An Act to authorize the Commissioners of the District of Columbia 
to borrow funds for capital improvement programs and to amend 
provisions of law relating to Federal Government participation in 
meeting costs of maintaining the Nation's Capital City, approved 
June 6, 1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 
9-219); section 4 of An Act to authorize the Commissioners of 
the District of Columbia to plan, construct, operate, and maintain 
a sanitary sewer to connect the Dulles International Airport with 
the District of Columbia system, approved June 12, 1960 (74 Stat. 
211; PubUc Law 86-515); and sections 723 and 743(f) of the District 
of Columbia Home Rule Act of 1973, approved December 24, 1973, 
as amended (87 Stat. 821; Public Law 93-198; D.C. Code, sec. 
47-321, note; 91 Stat. 1156; Public Law 95-131; D.C. Code, sec. 
9-219, note), including interest as required thereby, $384,430,000 
from local funds; for the purpose of eliminating the $331,589,000 
general fund accumulated deficit as of September 30, 1990, 
$39,020,000 from local funds, as authorized by section 461(a) of 
the District of Columbia Home Rule Act, approved December 24, 
1973, as amended (105 Stat. 540; Public Law 102-106; D.C. Code, 
sec. 47-321(a)(l); for payment of interest on short-term borrowing, 
$12,000,000 from local funds; for lease payments in accordance 
with the Certificates of Participation involving the land site underly-
ing the building located at One Judiciary Square, $7,923,000 fi"om 
local funds; for human resources development, including costs of 
increased employee training, administrative reforms, and an execu-
tive compensation system, $6,000,000 from local funds); for equip-
ment leases, the Mayor may finance $13,127,000 of equipment 
cost, plus cost of issuance not to exceed two percent of the par 
amount being financed on a lease purchase basis with a maturity 
not to exceed five years: Provided, That $75,000 is allocated to 
the Department of Corrections, $8,000,000 for the Public Schools, 
$50,000 for the Public Library, $260,000 for the Department of 
Human Services, $244,000 for the Department of Recreation and 
Parks, and $4,498,000 for the Department of Pubhc Works. 
ENTERPRISE FUNDS 
ENTERPRISE AND OTHER USES 
Enterprise and other uses, $15,725,000 (including for the Cable 
Television Enterprise Fund, established by the Cable Television 
Communications Act of 1981, effective October 22, 1983 (D.C. Law 
5-36; D.C. Code, sec. 43-1801 et seq.), $2,467,000 (including 
$2,135,000 from local funds and $332,000 from other funds); for 
the Public Service Commission, $4,547,000 (including $4,250,000 
from local funds, $117,000 fi-om Federal funds, and $180,000 from 
other fiinds); for the Office of the People's Counsel, $2,428,000 
from local funds; for the Office of Banking guid Financial Institu-
tions, $600,000 (including $100,000 fi-om local funds and $500,000 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2167 
from other funds); for the Department of Insurance and Securities 
Regulation, $5,683,000 from other funds). 
WATER AND SEWER AUTHORITY AND THE WASHINGTON AQUEDUCT 
For the Water and Sewer Authority and the Washington Aque-
duct, $297,310,000 from other funds (including $263,425,000 for 
the Water and Sewer Authority and $33,885,000 for the Washington 
Aqueduct) of which $41,423,000 shall be apportioned and payable 
to the District's debt service fund for repayment of loans and 
interest incurred for capital improvement projects. 
LOTTERY AND CHARITABLE GAMES CONTROL BOARD 
For the Lottery and Charitable Games Control Board, estab-
lished by the District of Columbia Appropriation Act for the fiscal 
year ending September 30, 1982, approved December 4, 1981 (95 
Stat. 1174, 1175; Public Law 97-91), as amended, for the purpose 
of implementing the Law to Legalize Lotteries, Daily Numbers 
Games, and Bingo and Raffles for Charitable Purposes in the Dis-
trict of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. 
Code, sees. 2-2501 et seq. and 22-1516 et seq.), $213,500,000: 
Provided, That the District of Columbia shall identify the source 
of funding for this appropriation title from the District's own locally 
generated revenues: Provided farther, That no revenues from Fed-
eral sources shall be used to support the operations or activities 
of the Lottery and Charitable Games Control Board. 
STARPLEX FUND 
For the Starplex Fund, $5,936,000 from other funds for 
expenses incurred by the Armory Board in the exercise of its powers 
granted by An Act To Establish A District of Columbia Armory 
Board, and for other purposes, approved June 4, 1948 (62 Stat. 
339; D.C. Code, sec. 2-301 et seq.) and the District of Columbia 
Stadium Act of 1957, approved September 7, 1957 (71 Stat. 619; 
PubHc Law 85-300; D.C. Code, sec. 2-321 et seq.): Provided, That 
the Mayor shall submit a budget for the Armory Board for the 
forthcoming fiscal year as required by section 442(b) of the District 
of Columbia Home Rule Act, approved December 24, 1973 (87 
Stat. 824; Public Law 93-198; D.C. Code, sec. 47-301(b)). 
D.C. GENERAL HOSPITAL 
For the District of Columbia General Hospital, established by 
Reorganization Order No. 57 of the Board of Commissioners, effec-
tive August 15, 1953, $97,019,000, of which $44 335,000 shall be 
derived by transfer from the general fiind and $52,684,000 shall 
be derived fi-om other funds. 
D.C. RETIREMENT BOARD 
For the D.C. Retirement Board, established by section 121 
of the District of Columbia Retirement Reform Act of 1979, approved 
November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), 
$16,762,000 from the earnings of the applicable retirement funds 
to pay legal, management, investment, and other fees and adminis-
trative expenses of the District of Columbia Retirement Board: 
I l l STAT. 2168 
PUBLIC LAW 105-100—NOV. 19, 1997 
Reports. 
Expiration date. 
Provided, That the District of Columbia Retirement Board shall 
provide to the Congress and to the Council of the District of Colum-
bia a quarterly report of the allocations of charges by fund and 
of expenditures of all funds: Provided further, That the District 
of Columbia Retirement Board shall provide the Mayor, for 
transmittal to the Council of the District of Columbia, an itemized 
accounting of the planned use of appropriated funds in time for 
each annual budget submission and the actual use of such funds 
in time for each annual audited financial report. 
CORRECTIONAL INDUSTRIES FUND 
For the Correctional Industries Fund, established by the 
District of Columbia Correctional Industries Establishment Act, 
approved October 3, 1964 (78 Stat. 1000; PubHc Law 88-622), 
$3,332,000 from other funds. 
WASHINGTON CONVENTION CENTER ENTERPRISE FUND 
For the Washington Convention Center Enterprise Fund, 
$46,400,000, of which $5,400,000 shall be derived by transfer from 
the general fund. 
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND 
MANAGEMENT ASSISTANCE AUTHORITY 
For the District of Columbia Financial Responsibility and 
Management Assistance Authority, established by section 101(a) 
of the District of Columbia Financial Responsibility and Manage-
ment Assistance Act of 1995, approved April 17, 1995 (109 Stat. 
97; Public Law 104-8), $3,220,000. 
CAPITAL OUTLAY 
For construction projects, $269,330,000 (including $31,100,000 
for the highway trust fund, $105,485,000 from local funds, and 
$132,745,000 in Federal funds), to remain available until expended: 
Provided, That funds for use of each capital project implementing 
agency shall be managed and controlled in accordance with all 
procedures and limitations established under the Financial Manage-
ment System: Provided further, That all funds provided by this 
appropriation title shall be available only for the specific projects 
and purposes intended: Provided further. That notwithstanding the 
foregoing, all authorizations for capital outlay projects, except those 
projects covered by the first sentence of section 23(a) of the Federal-
Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 
827; Pubhc Law 90-495; D.C. Code, sec. 7-134, note), for which 
funds are provided by this appropriation title, shall expire on 
September 30, 1999, except authorizations for projects as to which 
funds have been obligated in whole or in part prior to September 
30, 1999: Provided further. That, upon expiration of any such project 
authorization, the funds provided herein for the project shall lapse. 
DEFICIT REDUCTION AND REVITALIZATION 
For deficit reduction and revitalization, $201,090,000, to be 
deposited into an escrow account held by the District of Columbia 
Financial Responsibility and Management Assistance Authority 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2169 
(hereafter in this section referred to as "Authority"), which shall 
allocate the funds to the Mayor, or such other District official 
as the Authority may deem appropriate, at such intervals and 
in accordance with such terms and conditions as the Authority 
considers appropriate: Provided, That these funds shall only be 
used for reduction of the accumulated general fund deficit; capital 
expenditures, 
including 
debt 
service; and 
management 
and 
productivity improvements, as allocated by the Authority: Provided 
further, That no funds may be obligated until a plan for their 
use is approved by the Authority: Provided further. That the Author-
ity 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 Contracts. 
Act for any consulting service through procurement contract, pursu- Public 
ant to 5 U.S.C. 3109, shall be limited to those contracts where information. 
such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant 
to existing law. 
SEC. 102. Except as otherwise provided in this Act, all vouchers 
covering expenditures of appropriations contained in this Act shall 
be audited before payment by the designated certifying official 
and the vouchers as approved shall be paid by checks issued by 
the designated disbursing official. 
SEC. 103. Whenever in this Act an amount is specified within 
an appropriation for particular purposes or objects of expenditure, 
such amount, unless otherwise specified, shall be considered as 
the maximum amount that may be expended for said purpose 
or object rather than an amount set apart exclusively therefor. 
SEC. 104. Appropriations in this Act shall be available, when 
authorized by the Mayor, for allowances for privately owned auto-
mobiles and motorcycles used for the performance of official duties 
at rates established by the Mayor: Provided, That such rates shall 
not exceed the maximum prevailing rates for such vehicles as 
prescribed in the Federal Property Management Regulations 101-
7 (Federal Travel Regulations). 
SEC. 105. Appropriations in this Act shall be available for 
expenses of travel and for the pa3nnent of dues of organizations 
concerned with the work of the District of Columbia government, 
when authorized by the Mayor: Provided, That the Council of the 
District of Columbia and the District of Columbia Courts may 
expend such funds without authorization by the Mayor. 
SEC. 106. There are appropriated from the applicable funds 
of the District of Columbia such sums as may be necessary for 
making refunds and for the payment of judgments that have been 
entered against the District of Columbia government: Provided, 
That nothing contained in this section shall be construed as modify-
ing or affecting the provisions of section 11(c)(3) of title XII of 
the District of Columbia Income and Frsmchise TEIX Act of 1947, 
approved March 31, 1956 (70 Stat. 78; Public Law 84-460; D.C. 
Code, sec. 47-1812.11(c)(3)). 
I l l STAT. 2170 
PUBLIC LAW 105-100—NOV. 19, 1997 
SEC. 107. Appropriations in this Act shall be available for 
the payment of public assistance without reference to the require-
ment of section 544 of the District of Columbia Public Assistance 
Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Code, 
sec. 3-205.44), and for the non-Federal share of funds necessary 
to qualify for Federal assistance under the Juvenile Delinquency 
Prevention and Control Act of 1968, approved July 31, 1968 (82 
Stat. 462; Public Law 90-445; 42 U.S.C. 3801 et seq.). 
SEC. 108. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 109. No funds appropriated in this Act for the District 
of Columbia government for the operation of educational institu-
tions, the compensation of personnel, or for other educational 
purposes may be used to permit, encourage, facilitate, or further 
partisan political activities. Nothing herein is intended to prohibit 
the availability of school buildings for the use of any community 
or partisan political group during non-school hours. 
SEC. 110. None of the funds appropriated in this Act shall 
be made available to pay the salary of any employee of the District 
of Columbia government whose name, title, grade, salary, past 
work experience, and salary history are not available for inspection 
by the House and Senate Committees on Appropriations, the Sub-
committee on the District of Columbia of the House Committee 
on Government Reform and Oversight, the Subcommittee on Over-
sight of Government Management, Restructuring and the District 
of Columbia of the Senate Committee on Governmental Affairs, 
and the Council of the District of Columbia, or their duly authorized 
representative. 
SEC. 111. There are appropriated from the applicable funds 
of the District of Columbia such sums as may be necessary for 
making payments authorized by the District of Columbia Revenue 
Recovery Act of 1977, effective September 23, 1977 (D.C. Law 
2-20; D.C. Code, sec. 47-421 et seq.). 
SEC. 112. No part of this appropriation shall be used for 
publicity or propaganda purposes or implementation of any policy 
including boycott designed to support or defeat legislation pending 
before Congress or any State legislature. 
Reports. 
SEC. 113. At the start of the fiscal year, the Mayor shall 
develop an annual plan, by quarter and by project, for capital 
outlay borrowings: Provided, That within a reasonable time after 
the close of each quarter, the Mayor shall report to the Council 
of the District of Columbia and the Congress the actual borrowings 
and spending progress compared with projections. 
SEC. 114. The Mayor shall not borrow any funds for capital 
projects unless the Mayor has obtained prior approval from the 
Council of the District of Columbia, by resolution, identifying the 
projects and amounts to be financed with such borrowings. 
SEC. 115. The Mayor shall not expend any moneys borrowed 
for capital projects for the operating expenses of the District of 
Columbia government. 
SEC. 116. None of the funds appropriated by this Act may 
be obligated or expended by reprogramming except pursuant to 
advance approval of the reprogramming granted according to the 
procedure set forth in the Joint Explanatory Statement of the 
Committee of Conference (House Report No. 96-443), which accom-
panied the District of Columbia Appropriation Act, 1980, approved 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2171 
October 30, 1979 (93 Stat. 713; Public Law 96-93), as modified 
in House Report No. 98-265, and in accordance with the Reprogram-
ming PoHcy Act of 1980, effective September 16, 1980 (D.C. Law 
3-100; D.C. Code, sec. 47-361 et seq.): Provided, That for the Applicability. 
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; PubHc Law 96-425; 15 U.S.C. 
2001(2)), with an Environmental Protection Agency estimated miles 
per gallon average of less than 22 miles per gallon: Provided, 
That this section shall not apply to security, emergency rescue, 
or armored vehicles. 
SEC. 119. (a) Notwithstanding section 422(7) of the District 
of Columbia Home Rule Act of 1973, approved December 24, 1973 
(87 Stat. 790; PubHc 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 estab-
lished for level IV of the Executive Schedule imder 5 U.S.C. 5315. 
(b) For purposes of applying any provision of law limiting 
the availability of funds for payment of salary or pay in any fiscal 
year, the highest rate of pay established by the Mayor under sub-
section (a) of this section for £iny position for any period during 
the last quarter of calendar year 1997 shall be deemed to be 
the rate of pay payable for that position for September 30, 1997, 
(c) Notwithstanding section 4(a) of the District of Columbia 
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 
793; Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of 
Directors of the District of Columbia Redevelopment Land Agency 
shall be paid, during any fiscal year, per diem compensation at 
a rate established by the Mayor. 
SEC. 120. Notwithstanding any other provisions of law, the Applicability. 
provisions of the District of Columbia Government Comprehensive 
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 
2-139; D.C. Code, sec. 1-601.1 et seq.), enacted pursuant to section 
422(3) of the District of Columbia Home Rule Act of 1973, approved 
December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, 
sec. 1-242(3)), shall apply with respect to the compensation of 
District of Columbia employees: Provided, That for pay purposes, 
employees of the District of Columbia government shall not be 
subject to the provisions of title 5, United States Code. 
SEC. 121. The Director of the Department of Administrative 
Services may pay rentals and repair, alter, and improve rented 
premises, without regard to the provisions of section 322 of the 
Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 278a), based 
upon a determination by the Director that, by reason of cir-
cumstances 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 
I l l STAT. 2172 
PUBLIC LAW 105-100—NOV. 19, 1997 
Sequestration. 
Applicability. 
Records. 
Public 
information. 
of the District of Columbia shall submit to the Council of the 
District of Columbia the new fiscal year 1998 revenue estimates 
as of the end of the first quarter of fiscal year 1998. These estimates 
shall be used in the budget request for the fiscal year ending 
September 30, 1999. The officially revised estimates at midyear 
shall be used for the midyear report. 
SEC. 123. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended 
without opening that contract to the competitive bidding process 
as set forth in section 303 of the District of Columbia Procurement 
Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-
85; D.C. Code, sec. 1-1183.3), except that the District of Columbia 
government or any agency thereof may renew or extend sole source 
contracts for which competition is not feasible or practical: Provided, 
That the determination as to whether to invoke the competitive 
bidding process has been made in accordance with duly promulgated 
rules and procedures and said determination has been reviewed 
and approved by the District of Columbia Financial Responsibility 
and Management Assistance Authority. 
SEC. 124. For purposes of the Balanced Budget and Emergency 
Deficit Control Act of 1985, approved December 12, 1985 (99 Stat. 
1037; Public Law 99-177), as amended, the term "program, project, 
and activity" shall be synonymous with and refer specifically to 
each account appropriating Federal funds in this Act, and any 
sequestration order shall be applied to each of the accounts rather 
than to the aggregate total of those accounts: Provided, That seques-
tration orders shall not be applied to any account that is specifically 
exempted from sequestration by the Balanced Budget and Emer-
gency Deficit Control Act of 1985, approved December 12, 1985 
(99 Stat. 1037; Public Law 99-177), as amended. 
SEC. 125. In the event a sequestration order is issued pursuant 
to the Balanced Budget and Emergency Deficit Control Act of 
1985, approved December 12, 1985 (99 Stat. 1037; PubHc Law 
99-177), as amended, after the amounts appropriated to the District 
of Columbia for the fiscal year involved have been paid to the 
District of Columbia, the Mayor of the District of Columbia shall 
pay to the Secretary of the Treasury, within 15 days after receipt 
of a request therefor from the Secretary of the Treasury, such 
amounts as are sequestered by the order: Provided, That the seques-
tration percentage specified in the order shall be applied proportion-
ately to each of the Federal appropriation accounts in this Act 
that are not specifically exempted from sequestration by the Bal-
anced Budget and Emergency Deficit Control Act of 1985, approved 
December 12, 1985 (99 Stat. 1037; Public Law 99-177), as amended. 
SEC. 126. (a) An entity of the District of Columbia government 
may accept and use a gift or donation during fiscal year 1998 
if— 
(1) the Mayor approves the acceptance and use of the 
gift or donation: Provided, That the Council of the District 
of Columbia may accept and use gifts without prior approval 
by the Mayor; and 
(2) the entity uses the gift or donation to carry out its 
authorized functions or duties. 
(b) Each entity of the District of Columbia government shall 
keep accurate and detailed records of the acceptance and use of 
any gift or donation under subsection (a) of this section, and shall 
make such records available for audit and public inspection. 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2173 
(c) For the purposes of this section, the term "entity of the 
District of Columbia government" includes an independent agency 
of the District of Columbia. 
(d) This section shall not apply to the District of Columbia 
Board of Education, which may, pursuant to the laws and regula-
tions of the District of Columbia, accept and use gifts to the public 
schools without prior approval by the Mayor. 
SEC. 127. None of the Federal funds provided in this Act may 
be used by the District of Columbia to provide for salaries, expenses, 
or other costs associated with the offices of United States Senator 
or United States Representative under section 4(d) of the District 
of Columbia Statehood Constitutional Convention Initiatives of 
1979, effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 
l-113(d)). 
SEC. 128. The University of the District of Columbia shall Reports. 
submit to the Congress, the Mayor, the District of Columbia Finan-
cial Responsibility and Management Assistance Authority, and the 
Council of the District of Columbia no later than fifteen (15) cal-
endar 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 expendi-
ture projections versus budget broken out on the basis of control 
center, responsibility center, and object class, and for all funds, 
non-appropriated funds, and capital financing; 
(2) a list of each account for which spending is frozen 
and the amount of funds frozen, broken out by control center, 
responsibility center, detailed object, and for all funding 
sources; 
(3) a list of all active contracts in excess of $10,000 
annually, which contains the name of each contractor; the 
budget to which the contract is charged, broken out on the 
basis of control center and responsibility center, and contract 
identifying codes used by the University of the District of 
Columbia; pa5mients made in the last month and year-to-date, 
the total amount of the contract and total payments made 
for the contract and any modifications, extensions, renewals; 
and specific modifications made to each contract in the last 
month; 
(4) all reprogramming requests and reports that have been 
made by the University of the District of Columbia within 
the last month in compliance with applicable law; and 
(5) changes made in the last month to the organizational 
structure of the University of the District of Columbia, display-
ing previous and current control centers and responsibility 
centers, the names of the organizational entities that have 
been changed, the name of the staff member supervising each 
entity affected, and the reasons for the structural change. 
SEC. 129. Funds authorized or previously appropriated to the 
government of the District of Columbia by this or any other Act 
to procure the necessary hardware and installation of new software, 
conversion, testing, and training to improve or replace its financial 
management system are also available for the acquisition of 
accounting and financial management services and the leasing of 
necessary hardware, software or any other related goods or services, 
as determined by the District of Columbia Financial Responsibility 
and Management Assistance Authority. 
Ill STAT. 2174 
PUBLIC LAW 105-100—NOV. 19, 1997 
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, sees. 47-231 et seq.) is amended— 
(1) in subsection (a)(1), by— 
(A) striking "1995" and inserting "1998"; 
(B) striking "Mayor" and inserting "District of Colum-
bia Financial Responsibility and Management Assistance 
Authority"; and 
(C) striking "Committee on the District of Columbia" 
and inserting "Committee on Government Reform and 
Oversight"; 
(2) in subsection (b)(1), by— 
(A) striking "1997" and inserting "1999"; 
(B) striking "Mayor" and inserting "Authority"; and 
(C) striking "Committee on the District of Columbia" 
and inserting "Committee on Government Reform and 
Oversight"; 
(3) in subsection (b)(3), by striking "Committee on the 
District of Columbia" and inserting "Committee on Government 
Reform and Oversight"; 
(4) in subsection (c)(1), by— 
(A) striking "1995" and inserting "1997"; 
(B) striking "Mayor" and inserting "Chief Financial 
Officer"; and 
(C) striking "Committee on the District of Columbia" 
and inserting "Committee on Government Reform and 
Oversight"; 
(5) in subsection (c)(2)(A), by— 
(A) striking "1997" and inserting "1999"; 
(B) striking "Mayor" and inserting "Chief Financial 
Officer"; and 
(C) striking "Committee on the District of Columbia" 
and inserting "Committee on Government Reform and 
Oversight"; 
(6) in subsection (c)(2)(B), by striking "Committee on the 
District of Columbia" and inserting "Committee on Government 
Reform and Oversight"; and 
(7) in subsection (d)(1), by— 
(A) striking "1994" and inserting "1997"; 
(B) striking "Mayor" and inserting "Chief Financial 
Officer"; and 
(C) striking "Committee on the District of Columbia" 
and inserting "Committee on Government Reform and 
Oversight". 
Applicability. 
SEC. 131. For purposes of the appointment of the head of 
a department of the government of the District of Columbia under 
section 11105(a) of the National Capital Revitalization and Self-
Improvement Act of 1997, Public Law 105-33, the following rules 
shall apply: 
(1) After the Mayor notifies the Council under paragraph 
(l)(A)(ii) of such section of the nomination of an individual 
for appointment, the Council shall meet to determine whether 
to confirm or reject the nomination. 
(2) If the Council fails to confirm or reject the nomination 
during the 7-day period described in paragraph (l)(A)(iii) of 
such section, the Council shall be deemed to have confirmed 
the nomination. 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2175 
(3) For purposes of paragraph (1)(B) of such section, if 
the Council does not confirm a nomination (or is not deemed 
to have confirmed a nomination) during the 30-day period 
described in such paragraph, the Mayor shall be deemed to 
have failed to nominate an individual during such period to 
fill the vacancy in the position of the head of the department. 
SEC. 132. None of the funds appropriated under this Act shall Abortion. 
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 Domestic 
be used to implement or enforce the Health Care Benefits Expansion partners. 
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, hetero-
sexual, or lesbian), including but not limited to registration for 
the purpose of extending employment, health, or governmental 
benefits to such couples on the same basis as such benefits are 
extended to legally married couples. 
SEC. 134. The Emergency Transitional Education Board of Reports. 
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 expendi-
ture projections versus budget broken out on the basis of control 
center, responsibility center, agency reporting code, and object 
class, and for all funds, including capital financing; 
(2) a list of each account for which spending is frozen 
and the amount of funds frozen, broken out by control center, 
responsibility center, detailed object, and agency reporting code, 
and for all funding sources; 
(3) a list of all active contracts in excess of $10,000 
annually, which contains the name of each contractor; the 
budget to which the contract is charged, broken out on the 
basis of control center, responsibility center, and agency report-
ing code; and contract identifying codes used by the D.C. Public 
Schools; payments made in the last month and year-to-date, 
the total amount of the contract and total payments made 
for the contract and any modifications, extensions, renewals; 
and specific modifications made to each contract in the last 
month; 
(4) all reprogramming requests and reports that are 
required to be, and have been, submitted to the Board of 
Education; and 
(5) changes made in the last month to the organizational 
structure of the D.C. Public Schools, displa5dng previous and 
current control centers and responsibility centers, the names 
of the organizational entities that have been changed, the name 
of the staff member supervising each entity affected, and the 
reasons for the structural change. 
SEC. 135. (a) IN GENERAL.—The Emergency Transitional Records. 
Education Board of Trustees of the District of Columbia and the Reports. 
University of the District of Columbia shall annually compile an 
accurate and verifiable report on the positions and employees in 
I l l STAT. 2176 
PUBLIC LAW 105-100—NOV. 19, 1997 
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 com-
pilation of all positions by control center, responsibility center, 
funding source, position type, position title, pay plan, grade, 
and annual salary; and 
(2) a compilation of all employees in the District of 
Columbia public schools and the University of the District 
of Columbia as of the preceding December 31, verified as to 
its accuracy in accordance with the functions that each 
employee actually performs, by control center, responsibility 
center, agency reporting code, program (including funding 
source), activity, location for accounting purposes, job title, 
grade and classification, annual salary, and position control 
number. 
(b) SUBMISSION.—The annual report required by subsection (a) 
of this section shall be submitted to the Congress, the Mayor, 
the District of Columbia Council, the Consensus Commission, and 
the Authority, not later than February 15 of each year. 
Effective date. 
SEC. 136. (a) No later than October 1, 1997, or within 15 
calendar days after the date of the enactment of the District of 
Columbia Appropriations Act, 1998, whichever occurs later, and 
each succeeding year, the Emergency Transitional Education Board 
of Trustees and the University of the District of Columbia shall 
submit to the appropriate congressional committees, the Mayor, 
the District of Columbia Council, the Consensus Commission, and 
the District of Columbia Financial Responsibility and Management 
Assistance Authority, a revised appropriated funds operating budget 
for the public school system and the University of the District 
of Columbia for such fiscal year that is in the total amount of 
the approved appropriation and that realigns budgeted data for 
personal services and other-than-personal services, respectively, 
with anticipated actual expenditures. 
(b) The revised budget required by subsection (a) of this section 
shall be submitted in the format of the budget that the Emergency 
Transitional Education Board of Trustees and the University of 
the District of Columbia submit to the Mayor of the District of 
Columbia for inclusion in the Mayor's budget submission to the 
Council of the District of Columbia pursuant to section 442 of 
the District of Columbia Home Rule Act, Public Law 93-198, as 
amended (D.C. Code, sec. 47-301). 
SEC. 137. The Emergency Transitional Education Board of 
Trustees, the Board of Trustees of the University of the District 
of Columbia, the Board of Library Trustees, and the Board of 
Governors of the University of the District of Columbia School 
of Law shall vote on and approve their respective annual or revised 
budgets before submission to the Mayor of the District of Columbia 
for inclusion in the Mayor's budget submission to the Council of 
the District of Columbia in accordance with section 442 of the 
District of Columbia Home Rule Act, Public Law 93-198, as amend-
ed (D.C. Code, sec. 47-301), or before submitting their respective 
budgets directly to the Council. 
SEC. 138. (a) CEILING ON TOTAL OPERATING EXPENSES.— 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2177 
(1) IN GENERAL.—Notwithstanding any other provision of 
law, the total amount appropriated in this Act for operating 
expenses for the District of Columbia for fiscal year 1998 under 
the caption "Division of Expenses" shall not exceed the lesser 
of— 
(A) the sum of the total revenues of the District of 
Columbia for such fiscal year; or 
(B) $4,811,906,000 (of which $118,269,000 shall be from 
intra-District funds), which amount may be increased by 
the following: 
(i) proceeds of one-time transactions, which are 
expended for emergency or unanticipated operating or 
capital needs approved by the District of Columbia 
Financial Responsibility and Management Assistance 
Authority; and 
(ii) additional expenditures which the Chief Finan-
cial Officer of the District of Columbia certifies will 
produce additional revenues during such fiscal year 
at least equal to 200 percent of such additional expendi-
tures, and which are approved by the District of Colum-
bia Financial Responsibility and Management Assist-
ance Authority. 
(C) to the extent that the sum of the total revenues 
of the District of Columbia for such fiscal year exceed 
the total amount provided for in subparagraph (B) above, 
the Chief Financial Officer of the District of Columbia, 
with the approval of the District of Columbia Financial 
Responsibility and Management Assistance Authority, may 
credit up to ten percent (10%) of the amount of such dif-
ference, not to exceed $3,300,000, to a reserve fund which 
may be expended for operating purposes in future fiscal 
years, in accordance with the financial plans and budgets 
for such years. 
(2) ENFORCEMENT.—The Chief Financial Officer of the Dis-
trict of Columbia and the District of Columbia Financial 
Responsibility and Management Assistance Authority (here-
after in this section referred to as "Authority") shall take such 
steps as are necessary to assure that the District of Columbia 
meets the requirements of this section, including the apportion-
ing by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 1998, 
except that the Chief Financial Officer may not reprogram 
for operating expenses any funds derived from bonds, notes, 
or other obligations issued for capital projects. 
(b) 
ACCEPTANCE AND USE OF GRANTS NOT INCLUDED IN 
CEILING.— 
(1) IN GENERAL.—Notwithstanding subsection (a), the 
Mayor in consultation with the Chief Financial Officer of the 
District of Columbia during a control year, as defined in section 
305(4) of Public Law 104-8, as amended, 109 Stat. 152, may 
accept, obligate, and expend Federal, private, and other grants 
received by the District government that are not reflected in 
the amounts appropriated in this Act. 
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND 
FINANCIAL 
RESPONSIBILITY 
AND 
MANAGEMENT 
ASSISTANCE 
AUTHORITY APPROVAL.—No such Federal, private, or other grant 
I l l STAT. 2178 
PUBLIC LAW 105-100—NOV. 19, 1997 
may be accepted, obligated, or expended pursuant to paragraph 
(1) until— 
(A) the Chief Financial Officer of the District submits 
to the Authority a report setting forth detailed information 
regarding such grant; and 
(B) the Authority has reviewed and approved the 
acceptance, obligation, and expenditure of such grant in 
accordance with review and approval procedures consistent 
with the provisions of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995. 
(3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL 
OR RECEIPT.—No amount may be obligated or expended from 
the general fund or other funds of the District government 
in anticipation of the approval or receipt of a grant under 
paragraph (2)(B) or in anticipation of the approval or receipt 
of a Federal, private, or other grant not subject to such para-
graph. 
(4) MONTHLY REPORTS.—The Chief Financial Officer of the 
District of Columbia shall prepare a monthly report setting 
forth detailed information regarding all Federal, private, and 
other grants subject to this subsection. Each such report shall 
be submitted to the Council of the District of Columbia, and 
to the Committees on Appropriations of the House of Represent-
atives and the Senate, not later than 15 days after the end 
of the month covered by the report. 
(c) REPORT ON EXPENDITURES BY FINANCIAL RESPONSIBILITY 
AND MANAGEMENT ASSISTANCE AUTHORITY.—Not later than 20 cal-
endar days after the end of each fiscal quarter starting October 
1, 1997, the District of Columbia Financial Responsibility and 
Management Assistance Authority shall submit a report to the 
Committees on Appropriations of the House of Representatives and 
the Senate, the Committee on Government Reform and Oversight 
of the House, and the Committee on Governmental Affairs of the 
Senate providing an itemized accounting of all non-appropriated 
funds obligated or expended by the Authority for the quarter. The 
report shall include information on the date, amount, purpose, 
and vendor name, and a description of the services or goods provided 
with respect to the expenditures of such funds. 
SEC. 139. The District of Columbia Emergency Transitional 
Education Board of Trustees shall, subject to the contract approval 
provisions of Public Law 104-8— 
(A) develop 
a comprehensive 
plan 
to identify 
and 
accomplish energy conservation measures to achieve maximum 
cost-effective energy and water savings; 
(B) enter into innovative financing and contractual mecha-
nism.s including, but not limited to, utility demand-side manage-
ment programs and energy savings performance contracts and 
water conservation performance contracts: Provided, That the 
terms of such contracts do not exceed 25 years; and 
(C) permit and encourage each department or agency and 
other instrumentality of the District of Columbia to participate 
in programs conducted by any gas, electric or water utility 
of the management of electricity or gas demand or for energy 
or water conservation. 
SEC. 140. If a department or agency of the government of 
the District of Columbia is under the administration of a court-
appointed receiver or other court-appointed official during fiscal 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2179 
year 1998 or any succeeding fiscal year, the receiver or official 
shall prepare and submit to the Mayor, for inclusion in the annual 
budget of the District of Columbia for the year, annual estimates 
of the expenditures and appropriations necessary for the mainte-
nance and operation of the department or agency. All such estimates 
shall be forwarded by the Mayor to the Council, for its action 
pursuant to sections 446 and 603(c) of the District of Columbia 
Home Rule Act, without revision but subject to the Mayor's rec-
ommendations. Notwithstanding any provision of the District of 
Columbia Home Rule Act, the Council may comment or make 
recommendations concerning such annual estimates but shall have 
no authority under such Act to revise such estimates. 
SEC. 141. In addition to amounts appropriated or otherwise 
made available, $12,000,000 is hereby appropriated to the National 
Park Service and shall be available only for the United States 
Park Police operations in the District of Columbia. 
SEC. 142. The District government shall maintain for fiscal 
year 1998 the same funding levels as provided in fiscal year 1997 
for homeless services in the District of Columbia. 
SEC. 143. The District of Columbia Finsincial Responsibility Reports. 
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 Govern-
mental Affairs and the Committee on Government Reform and 
Oversight of the House of Representatives not later than April 
1, 1998, on all measures necessary and steps to be taken to ensure 
that the District's public schools open on time to begin the 1998-
1999 academic year. 
SEC. 144. There are appropriated from applicable funds of 
the District of Columbia such sums as may be necessary to hire 
12 additional inspectors for the Alcoholic Beverage Commission. 
Of the additional inspectors, 6 shall focus their responsibilities 
on the enforcement of laws relating to the sale of alcohol to minors. 
SEC. 145. (a) Not later than 6 months after the date of enact-
ment of this Act, the General Accounting Office shall conduct and 
submit to Congress a study of— 
(1) the District of Columbia's alcoholic beverage tax 
structure and its relation to surrounding jurisdictions; 
(2) the effects of the District of Columbia's lower excise 
taxes on alcoholic beverages on consumption of alcoholic 
beverages in the District of Columbia; 
(3) ways in which the District of Columbia's tax structure 
can be revised to bring it into conformity with the higher 
levels in surrounding jurisdictions; and 
(4) ways in which those increased revenues can be used 
to lower consumption and promote abstention from alcohol 
among young people. 
(b) The study should consider whether— 
(1) alcohol is being sold in proximity to schools and other 
areas where children are likely to be; and 
(2) creation of alcohol-free zones in areas frequented by 
children would be useful in deterring underage 
alcohol 
consumption. 
SEC. 146. (a) Of the amounts appropriated in this Act to the 
District of Columbia, fxmds may be expended to— 
I l l STAT. 2180 
PUBLIC LAW 105-100—NOV. 19, 1997 
Nation's Capital 
Bicentennial 
Designation Act. 
(1) hire 5 additional inspectors for the Department of 
Consumer and Regulatory Affairs to focus on monitoring day 
care centers and home day care operations; and 
(2) hire 5 additional Department of Human Services mon-
itors to focus on selecting quality day care centers eligible 
for public financing and monitoring safety standards at such 
centers. 
(b) Nothing in this section shall be deemed to supersede or 
otherwise preempt the development and implementation of the 
management reform plan for the Department of Consumer and 
Regulatory Affairs and the Department of Human Services as 
authorized in the District of Columbia Management Reform Act 
of 1997 (subtitle B, title XI, Public Law 105-33). 
SEC. 147. (a) SHORT TITLE; FINDINGS; PURPOSE.— 
(1) SHORT TITLE.—This section may be cited as the 
"Nation's Capital Bicentennial Designation Act". 
(2) FINDINGS.—The Senate finds that— 
(A) the year 2000 will mark the 200th anniversary 
of Washington, D.C. as the Nation's permanent capital, 
commencing when the Government moved from Philadel-
phia 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 LFnited States"; 
(C) the site for the city was selected under the direction 
of President George Washington, with construction initi-
ated in 1791; 
(D) in submitting his design to Congress, Major Pierre 
Charles L'Enfant included numerous parks, fountains, and 
sweeping avenues designed to reflect a vision as grand 
and as ambitious as the American experience itself; 
(E) the capital city was named after President George 
Washington to commemorate and celebrate his triumph 
in building the Nation; 
(F) as the seat of Government of the United States 
for almost 200 years, the Nation's capital has been a center 
of American culture and a world S5anbol of freedom and 
democracy; 
(G) from Washington, D.C, President Abraham Lincoln 
labored to preserve the Union and the Reverend Martin 
Luther King, Jr. led an historic march that energized the 
civil rights movement, reminding America of its promise 
of liberty and justice for all; and 
(H) the Government of the United States must contin-
ually work to ensure that the Nation's capital is and 
remains the shining city on the hill. 
(3) PURPOSE.—The purposes of this section are to— 
(A) designate the year 2000 as the "Year of National 
Bicentennial 
Celebration 
for Washington, 
D.C.—the 
Nation's Capital"; and 
(B) establish the Presidents' Day holiday in the year 
2000 as a day of national celebration for the 200th anniver-
sary 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 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2181 
in the year 2000 is designated as a day of national celebration 
for the 200th anniversary of Washington, D.C. 
(2) SENSE OF THE SENATE.—It is the sense of the Senate 
that all Federal entities should coordinate with and assist 
the Nation's Capital Bicentennial Celebration, a nonprofit 
501(c)(3) entity, organized and operating pursuant to the laws 
of the District of Columbia, to ensure the success of events 
and projects undertaken to renew and celebrate the bicenten-
nial of the establishment of Washington, D.C. as the Nation's 
capital. 
SEC. 148. Notwithstanding section 602(c)(1) of the District of 
Columbia Home Rule Act (D.C. Code, sec. l-233(c)(l)). General 
Obhgation Bond Act of 1998 (D.C. Bill 12-371), if enacted by 
the Council of the District of Columbia and approved by the District 
of Columbia Financial Responsibility and Management Assistance 
Authority, shall take effect on the date of such approval or the 
date of the enactment of this Act, whichever is later. 
SEC. 149. (a) Notwithstanding any other provision of law, rule, 
or regulation, an employee of the District of Columbia public schools 
shall be— 
(1) classified as an Educational Service employee; 
(2) placed under the personnel authority of the Board of 
Education; and 
(3) subject to all Board of Education rules. 
(b) School-based personnel shall constitute a separate competi-
tive area from nonschool-based personnel who shall not compete 
with school-based personnel for retention purposes. 
SEC. 150. (a) RESTRICTIONS ON USE OF OFFICIAL VEHICLES.— 
(1) None of the funds made available by this Act or by any other 
Act may be used to provide any officer or employee of the District 
of Columbia with £in official vehicle unless the officer or employee 
uses the vehicle only in the performance of the officer's or employee's 
official duties. For purposes of this paragraph, the term "official 
duties" does not include travel between the officer's or employee's 
residence and workplace (except in the case of a police officer 
who resides in the District of Columbia). 
(2) The Chief Financial Officer of the District of Columbia Records, 
shall submit, by December 15, 1997, an inventory, as of September 
30, 1997, of all vehicles owned, leased or operated by the District 
of Columbia government. The inventory shall include, but not be 
limited to, the department to which the vehicle is assigned; the 
year and make of the vehicle; the acquisition date and cost; the 
general condition of the vehicle; annual operating and maintenance 
costs; current mileage; and whether the vehicle is allowed to be 
taken home by a District officer or employee and if so, the officer 
or employee's title and resident location. 
(b) SOURCE OF PAYMENT FOR EMPLOYEES DETAILED WITHIN 
GOVERNMENT.—For purposes of determining the amount of funds 
expended by any entity within the District of Columbia government 
during fiscal year 1998 and each succeeding fiscal year, any expendi-
tures of the District government attributable to any officer or 
employee of the District government who provides services which 
are within the authority and jurisdiction of the entity (including 
any portion of the compensation paid to the officer or employee 
attributable to the time spent in providing such services) shall 
be treated as expenditures made from the entity's budget, without 
I l l STAT. 2182 
PUBLIC LAW 105-100—NOV. 19, 1997 
Applicability. 
regard to whether the officer or employee is assigned to the entity 
or otherwise treated as an officer or employee of the entity. 
(c) 
RESTRICTING PROVIDERS FROM WHOM EMPLOYEES MAY 
RECEIVE DISABILITY COMPENSATION SERVICES.— 
(1) IN GENERAL.—Section 2303(a) of the District of Colum-
bia Comprehensive Merit Personnel Act of 1978 (D.C. Code, 
sec. l-624.3(a)) is amended by striking paragraph (3) and all 
that follows and inserting the following: 
"(3) By or on the order of the District of Columbia govern-
ment medical officers and hospitals, or by or on the order 
of a physician or managed care organization designated or 
approved by the Mayor.". 
(2) SERVICES FURNISHED.—Section 2303 of such Act (D.C. 
Code, sec. 1-624.3) is amended by adding at the end the 
following new subsection: 
"(c)(1) An employee to whom services, appliances, or supplies 
are furnished pursuant to subsection (a) shall be provided with 
such services, appliances, and supplies (including reasonable 
transportation incident thereto) by a managed care organization 
or other health care provider designated by the Mayor, in accord-
ance with such rules, regulations, and instructions as the Mayor 
considers appropriate. 
"(2) Any expenses incurred as a result of furnishing services, 
appliances, or supplies which are authorized by the Mayor under 
paragraph (1) shall be paid from the Employees' Compensation 
Fimd. 
"(3) Any medical service provided pursuant to this subsection 
shall be subject to utilization review under section 2323.". 
(3) REPEAL PENALTY FOR DELAYED PAYMENT OF COMPENSA-
TION.—Section 2324 of such Act (D.C. Code, sec. 1-624.24) 
is amended by striking subsection (c). 
(4) DEFINITIONS.—Section 2301 of such Act (D.C. Code, 
sec. 1-624.1) is amended— 
(A) in the first sentence of subsection (c), by inserting 
"and as designated by the Mayor to provide services to 
injured employees" after "State law"; and 
(B) by adding at the end the following new subsection: 
"(r)(l) The term 'managed care organization' means 
an 
organization of physicians and allied health professionals organized 
to and capable of providing systematic and comprehensive medical 
care and treatment of injured employees which is designated by 
the Mayor to provide such care and treatment under this title. 
"(2) The term 'allied health professional' means a medical care 
provider (including a nurse, physical therapist, laboratory techni-
cian. X-ray technician, social worker, or other provider who provides 
such care within the scope of practice under applicable law) who 
is employed by or affiliated with a managed care organization.". 
(5) EFFECTIVE DATE.—The amendments made by this 
subsection shall apply with respect to services, supplies, or 
appliances furnished under title XXIII of the District of Colum-
bia Merit Personnel Act of 1978 on or after the date of the 
enactment of this Act. 
(d) MODIFICATION OF REDUCTION IN FORCE PROCEDURES.—The 
District of Columbia Government Comprehensive Merit Personnel 
Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), as amended by section 
140(b) of the District of Columbia Appropriations Act, 1997 (Public 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2183 
Law 104-194), is amended by adding at the end the following 
new section: 
"SEC. 2408. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1998. 
"(a) Notwithstanding any other provision of law, regulation, 
or collective bargaining agreement either in effect or to be nego-
tiated while this legislation is in effect for the fiscal year ending 
September 30, 1998, each agency head is authorized, within the 
agency head's discretion, to identify positions for abolishment. 
"(b) Prior to February 1, 1998, each personnel authority (other 
than a personnel authority of an agency which is subject to a 
management reform plan under subtitle B of title XI of the Balanced 
Budget Act of 1997) shall make a final determination that a position 
within the personnel authority is to be abolished. 
"(c) Notwithstanding any rights or procedures established by 
any other provision of this title, any District government employee, 
regardless of date of hire, who encumbers a position identified 
for abolishment shall be separated without competition or assign-
ment rights, except as provided in this section. 
"(d) An employee affected by the abolishment of a position 
pursuant to this section who, but for this section would be entitled 
to compete for retention, shall be entitled to one round of lateral 
competition pursuant to Chapter 24 of the District of Columbia 
Personnel Manual, which shall be limited to positions in the 
employee's competitive level. 
"(e) Each employee selected for separation pursuant to this Notice. 
section shall be given written notice of at least 30 days before 
the effective date of his or her separation. 
"(f) Neither the establishment of a competitive area smaller 
than an agency, nor the determination that a specific position 
is to be abolished, nor separation pursuant to this section shall 
be subject to review except that— 
"(1) an employee may file a complaint contesting a deter-
mination or a separation pursuant to title XV of this Act 
or section 303 of the Human Rights Act of 1977 (D.C. Code, 
sec. 1-2543); and 
"(2) an employee may file with the Office of Employee 
Appeals an appeal contesting that the separation procedures 
of subsections (d) and (e) were not properly applied. 
"(g) An employee separated pursuant to this section shall be Severance pay. 
entitled to severance pay in accordance with title XI of this Act, 
except that the following shall be included in computing creditable 
service for severance pay for employees separated pursuant to this 
section— 
"(1) four years for an employee who qualified for vetergins 
preference under this Act, and 
"(2) three years for an employee who qualified for residency 
preference under this Act. 
"(h) Separation pursuant to this section shall not affect an 
employee's rights under either the Agency Reemployment Priority 
Program or the Displaced Employee Program established pursuant 
to Chapter 24 of the District Personnel Manual. 
"(i) With respect to agencies which are not subject to a manage- Listing. 
ment 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 
I l l STAT. 2184 
PUBLIC LAW 105-100—NOV. 19, 1997 
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. 
Termination 
"(k) A personnel authority shall cause a 30-day termination 
notice. 
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. 
"(1) In the case of an agency which is subject to a management 
reform plan under subtitle B of title XI of the Balanced Budget 
Act of 1997, the authority provided by this section shall be exercised 
to carry out the agency's management reform plan, and this section 
shall otherwise be implemented solely in a manner consistent with 
such plan.". 
SEC. 
151. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None 
of the funds made available in this Act may be expended by an 
entity unless the entity agrees that in expending the funds the 
entity will comply with the Buy American Act (41 U.S.C. 10a-
10c). 
(b) SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.— 
(1) 
PURCHASE 
OF 
AMERICAN-MADE 
EQUIPMENT 
AND 
PRODUCTS.—In the case of any equipment or product that may 
be authorized to be purchased with financial assistance pro-
vided using funds made available in this Act, it is the sense 
of the Congress that entities receiving the assistance should, 
in expending the assistance, purchase only American-made 
equipment and products to the greatest extent practicable. 
(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing 
financial assistance using funds made available in this Act, 
the head of each agency of the Federal or District of Columbia 
government shall provide to each recipient of the assistance 
a notice describing the statement made in paragraph (1) by 
the Congress. 
(c) 
PROHIBITION 
OF 
CONTRACTS 
WITH 
PERSONS 
FALSELY 
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally 
determined by a court or Federal agency that any person inten-
tionally affixed a label bearing a "Made in America" inscription, 
or any inscription with the same meaning, to any product sold 
in or shipped to the United States that is not made in the United 
States, the person shall be ineligible to receive any contract or 
subcontract made with funds made available in this Act, pursuant 
to the debarment, suspension, and ineligibility procedures described 
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions. 
SEC. 
152. 
(a) 
CAP ON STIPENDS 
OF RETIREMENT 
BOARD 
MEMBERS.—Section 121(c)(1) of the District of Columbia Retirement 
Reform Act (D.C. Code, sec. l-711(c)(l)) is amended by striking 
the period at the end and inserting the following: ", and the total 
amount to which a member may be entitled under this subsection 
during a year (beginning with 1998) may not exceed $5,000.". 
(b) RESUMPTION OF CERTAIN TERMINATED ANNUITIES PAID TO 
CHILD SURVIVORS OF DISTRICT OF COLUMBIA POLICE AND FIRE-
FIGHTERS.— 
(1) IN GENERAL.—Subsection (k)(5) of the Policemen and 
Firemen's Retirement and Disability Act (D.C. Code, sec. 4-
622(e)) is amended by adding at the end the following new 
subparagraph: 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2185 
"(D) If the annuity of a child under subparagraph (A) or 
subparagraph (B) terminates because of marriage and such mar-
riage ends, the annuity shall resume on the first day of the month 
in which it ends, but only if the individual is not otherwise ineligible 
for the annuity.". 
(2) EFFECTIVE DATE.—The amendment made by paragraph Applicability. 
(1) shall apply with respect to any termination of marriage 
taking effect on or after November 1, 1993, except that benefits 
shall be payable only with respect to amounts accruing for 
periods beginning on the first day of the month beginning 
after the later of such termination of marriage or such date 
of enactment. 
SEC. 153. (a) IN GENERAL.—The Council of the District of 
Columbia shall annually review and adjust the amount of the 
monthly assistance payment that may be made under the Tem-
porary 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 contig-
uous to the District of Columbia. 
(b) EFFECTIVE DATE.—Subsection (a) shall apply with respect Applicability, 
to fiscal year 1998 and each succeeding fiscal year. 
SEC. 154. Effective as if included in the enactment of the 
Omnibus Consolidated Rescissions and Appropriations Act of 1996, 
section 517 of such Act (110 Stat. 1321-248) is amended by striking 
"October 1, 1991" and inserting "the date of the enactment of 
this Act". 
SEC. 155. REQUIRING PLACEMENT OF INSPECTOR GENERAL HOT-
LINE ON PERMIT AND LICENSE APPLICATION FORMS.— 
(1) IN GENERAL.—Each District of Columbia permit or 
license application form printed after the expiration of the 
30-day period which begins on the date of the enactment of 
this Act shall include the telephone number established by 
the Inspector General of the District of Columbia for reporting 
instances of waste, fraud, and abuse, together with a brief 
description of the uses and purposes of such number. 
(2) QUARTERLY REPORTS ON USE OF NUMBER.—Not later 
than 10 days after the end of such calendar quarter of each 
fiscal year (beginning with fiscal year 1998), the Inspector 
General of the District of Columbia shall submit a report to 
Congress on the number and nature of the calls received 
through the telephone number described in paragraph (1) dur-
ing the quarter and on the waste, fraud, and abuse detected 
as a result of such calls. 
SEC. 156. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law (including any law or regulation providing for collective 
bargaining or the enforcement of any collective bargaining agree-
ment) or collective bargaining agreement, any payment made by 
the District of Columbia after the expiration of the 45-day period 
which begins on the date of the enactment of this Act to any 
person shall be made by— 
(1) direct deposit through electronic funds transfer to a 
checking, savings, or other account designated by the person; 
or 
(2) a check delivered through the United States Postal 
Service to the person's place of residence or business. 
(b) REGULATIONS.—The Chief Financial Officer of the District 
of Columbia is authorized to issue rules to carry out this section. 
39-194 0 - 9 7 - 4 : Q L 3 Part 3 
I l l STAT. 2186 
PUBLIC LAW 105-100—NOV. 19, 1997 
SEC. 157. (a) DEPOSIT OF ANNUAL FEDERAL CONTRIBUTION WITH 
AUTHORITY.— 
(1) IN GENERAL.—The District of Columbia Financial 
Responsibility and Management Assistance Act of 1995, as 
amended by section 11601(b)(2) of the Balanced Budget Act 
of 1997, is amended by inserting after section 204 the following 
new section: 
"SEC. 205. DEPOSIT OF ANNUAL FEDERAL CONTRIBUTION WITH 
AUTHORITY. 
"(a) IN GENERAL.— 
"(1) DEPOSIT INTO ESCROW ACCOUNT.—In the case of a 
fiscal year which is a control year, the Secretary of the Treasury 
shall deposit any Federal contribution to the District of Colum-
bia for the year authorized under section 11601(c)(2) of the 
Balanced Budget Act of 1997 into an escrow account held 
by the Authority, which shall allocate the funds to the Mayor 
at such intervals and in accordance with such terms and condi-
tions as it considers appropriate to implement the financial 
plan for the year. In establishing such terms and conditions, 
the Authority shall give priority to using the Federal contribu-
tion for cash flow management and the payment of outstanding 
bills owed by the District government. 
"(2) EXCEPTION FOR AMOUNTS WITHHELD FOR ADVANCES.— 
Paragraph (1) shall not apply with respect to any portion of 
the Federal contribution which is withheld by the Secretary 
of the Treasury in accordance with section 605(b)(2) of title 
VI of the District of Columbia Revenue Act of 1939 to reimburse 
the Secretary for advances made under title VI of such Act. 
"(b) EXPENDITURE OF FUNDS FROM ACCOUNT IN ACCORDANCE 
WITH AUTHORITY INSTRUCTIONS.—Any funds allocated by the 
Authority to the Mayor fi-om the escrow account described in para-
graph (1) may be expended by the Mayor only in accordance with 
the terms and conditions established by the Authority at the time 
the funds are allocated.". 
(2) CLERICAL AMENDMENT.—The table of contents for such 
Act is amended by inserting aft;er the item relating to section 
204 the following new item: 
"Sec. 205. Deposit of annual Federal contribution with Authority.". 
(3) EFFECTIVE DATE.—The amendments made by this 
subsection shall take effect as if included in the enactment 
of the Balanced Budget Act of 1997. 
(b) DISHONORED CHECK COLLECTION.—The Act entitled "An 
Act to authorize the Commissioners of the District of Columbia 
to prescribe penalties for the handling and collection of dishonored 
checks", approved September 28, 1965 (D.C. Code, sec. 1-357) is 
amended— 
(1) in subsection (a) by inserting after the third sentence 
the following: "The Mayor may enter into a contract to collect 
the amount of the original obligation."; and 
(2) by adding at the end the following new subsections: 
"(c) In a case in which the amount of a dishonored or unpaid 
check is collected as a result of a contract, the Mayor shall collect 
any costs or expenses incurred to collect such amount fi-om such 
person who gives or causes to be given, in payment of any obligation 
or liability due the government of the District of Columbia, a 
check which is subsequently dishonored or not duly paid. In a 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2187 
case in which the amount of a dishonored or unpaid check is 
collected as a result of an action at law or in equity, such costs 
and expenses shall include litigation expenses and attorneys 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 attorneys 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 collec-
tion services as a result of a contract with the Mayor. 
"(e) Nothing in this section may be construed to eliminate 
the Mayor's exclusive authority with respect to any obligations 
and liabilities of the District of Columbia.". 
(c) CONFORMING REFERENCES TO INTERNAL REVENUE CODE OF 
1986.—Section 4(28A) of the District of Columbia Income and Fran-
chise Act of 1947 (D.C. Code, sec. 47-1801.4(28A)) is amended 
to read as follows: 
"(28A) The term Internal Revenue Code of 1986' means 
the Internal Revenue Code of 1986 (100 Stat. 2085; 26 U.S.C. 
1 et seq.), as amended through August 20, 1996. The provisions 
of the Internal Revenue Code of 1986 shall be effective on 
the same dates that they are effective for Federal tax 
purposes.". 
(d) STANDARD FOR REVIEW OF RECOMMENDATIONS OF BUSINESS 
REGULATORY REFORM COMMISSION IN REVIEW OF REGULATIONS BY 
AUTHORITY.—Section 11701(a)(1) of the Balanced Budget Act of 
1997 is amended by striking the second sentence and inserting 
the following: "In carrying out such review, the Authority shall 
include an explicit reference to each recommendation made by 
the Business Regulatory Reform Commission pursuant to the Busi-
ness Regulatory Reform Commission Act of 1994 (D.C. Code, sec. 
2-4101 et seq.), together with specific findings and conclusions 
with respect to each such recommendation.". 
(e) TECHNICAL CORRECTIONS RELATING TO BALANCED BUDGET 
ACT OF 1997.—(1) Effective as if included in the enactment of Effective date. 
the Balanced Budget Act of 1997, section 453(c) of the District 
of Columbia Home Rule Act (D.C. Code, sec. 47-304.1(c)), as amend-
ed by section 11243(d) of the Balanced Budget Act of 1997, is 
amended to read as follows: 
"(c) Subsection (a) shall not apply to amounts appropriated 
or otherwise made available to the Council, the District of Columbia 
Financial Responsibility and Management Assistance Authority 
established under section 101(a) of the District of Columbia Finan-
cial Responsibility and Management Assistance Act of 1995, or 
the District of Columbia Water and Sewer Authority established 
pursuant to the Water and Sewer Authority Establishment and 
Department of Public Works Reorganization Act of 1996.". 
(2) Section 11201(g)(2)(A)(ii) of the Balanced Budget Act of 
1997 is amended— 
Ante, p. 734. 
(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 
40USCI38. 
ACTIVITIES AFFECTING REAL PROPERTY IN DISTRICT OF COLUMBIA.— 
I l l STAT. 2188 
PUBLIC LAW 105-100—NOV. 19, 1997 
Effective date. 
40 u s e 138 note. 
Effective date. 
Effective date. 
42 u s e 1396b 
note. 
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(1)(1)(D))."; 
(D) in paragraph (3)— 
(i) by striking "described in this subparagraph" 
and inserting "described in this paragraph"; and 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2189 
(ii) by striking "April 15, 1997" and inserting 
"March 31, 1997"; and 
(E) by adding at the end the following: 
"(4) The limitations on payment under subsections (f) and 
(g) of section 1108 shall not apply to Federal payments made 
under section 1903(a)(1) based on an enhanced FMAP described 
in section 2105(b).". 
(3) Section 2110(b) of such Act (42 U.S.C. 1397ij(b)) is 
amended— 
(A) in paragraph (l)(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(1)(2)". 
(4) Section 1903(f)(4) of such Act (42 U.S.C. 1396b(f )(4)) 
is amended by striking "or 1905(p)(l)" and inserting "1905(p)(l), 
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 
I l l STAT. 2190 
PUBLIC LAW 105-100—NOV. 19, 1997 
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. 1397ij(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 (PubHc 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 
•**«*-'3'^ 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2191 
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 (Pubhc 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 pa3niient under paragraph (1) to increase 
the amount of such pajnnent 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 pa)mient, 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 estabhshed 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 o
f
— 
"(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. 
I l l STAT. 2192 
PUBLIC LAW 105-100—NOV. 19, 1997 
"(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) o
f
— 
"(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 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2193 
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; B.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 
as the 
SEC. 201. SHORT TITLE.—This title may be cited 
"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 
Nicaraguan 
Adjustment and 
Central 
American Relief 
Act 
8 u s e 1101 note. 
8 u s e 1255 note. 
I l l STAT. 2194 
PUBLIC LAW 105-100—NOV. 19, 1997 
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 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2195 
United States, if the alien is in exclusion, deportation, or 
removal proceedings under any provision of such Act and has 
applied for adjustment of status under subsection (a), except 
where the Attorney General has rendered a final administrative 
determination to deny the application. 
(3) WORK AUTHORIZATION.—The Attorney General may 
authorize an alien who has applied for adjustment of status 
under subsection (a) to engage in employment in the United 
States during the pendency of such application and may provide 
the alien with an "emplo3anent 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 
I l l STAT. 2196 
PUBLIC LAW 105-100—NOV. 19, 1997 
(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 
8 use 1101 note. 
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)(l) 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 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2197 
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 
I l l STAT. 2198 
PUBLIC LAW 105-100—NOV. 19, 1997 
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-
sibihty Act of 1996 (Pubhc Law 104-208; division C; 110 Stat. 
8 use 1101 note. 
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 
8 use 1101 note. 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 ahen— 
"(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 lawfUUy admitted for permanent residence; 
or 
"(B) the ahen— 
"(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 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2199 
"(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 Applicability. 
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 (Pubhc Law 104-208; 110 
Stat. 3009-625), as amended by subsection (b), is further amended 
8 USC lioi note. 
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.— 
8 use iisi note. 
(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.— 
8 use 1153 note. 
(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 fi-om 
I l l STAT. 2200 
PUBLIC LAW 105-100—NOV. 19, 1997 
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. 
8 use 1101 note. 
(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 
Applicability. 
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).". 
PUBLIC LAW 105-100—NOV. 19, 1997 
111 STAT. 2201 
(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS 
FOR CERTAIN NONPERMANENT RESIDENTS.—Section 240A(b) of the 
Immigration and Nationality Act (8 U.S.C. 1229b(b)) is amended 
in each of paragraphs (1) and (2) by striking "may cancel removal 
in the case of an alien" and inserting "may cancel removal of, 
and adjust to the status of an alien lawfully admitted for permanent 
residence, an alien". 
(c) RECORDATION OF DATE.—Section 240A(b)(3) of the 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 ahens 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 (Pubhc Law 104-208; division C; 110 
Stat. 3009-627) is amended to read as follows: 
8 USC UOl note. 
"(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 8USCi229b 
shall take effect as if included in the enactment of the Illegal "ote. 
Immigration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104-208; 110 Stat. 3009-546). 
Approved November 19, 1997. 
L E G I S L A T I V E H I S T O R Y — H . R . 2607 (S. 1156): 
H O U S E REPORTS: No. 105-298 (Comm. on Appropriations). 
S E N A T E REPORTS: No. 105-75, accompanying S. 1156 (Comm. on Appropriations). 
C O N G R E S S I O N A L RECORD, Vol. 143 (1997): 
Oct. 9, considered and passed House. 
Nov. 9, considered and passed Senate, amended. 
Nov. 12, House concurred in certain Senate amendments, with amendments; 
disagreed to another amendment. 
Nov. 13, Senate concurred in House amendments; receded from its amend-
ment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Nov. 19, Presidential statement.