Summary: H.J.Res.395 — 100th Congress (1987-1988)All Information (Except Text)

Bill summaries are authored by CRS.

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Conference report filed in House (12/21/1987)

(Conference report filed in House, H. Rept. 100-498)

Makes continuing appropriations for FY 1988.

Provides that because the spending levels included in this Act achieve the deficit reduction targets of the Economic Summit, sequestration is no longer necessary. Rescinds sequestration orders issued by the President on October 20, 1987, and November 20, 1987, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).

Makes continuing appropriations for FY 1988 for programs, projects, or activities provided for in the following Acts as modified and prescribed under this Act: (1) the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1988, which includes the Department of Commerce Appropriation Act, 1988, the Department of Justice Appropriation Act, 1988, the Department of State Appropriation Act, 1988, the Judiciary Appropriation Act, 1988, Cuban Political Prisoners and Immigrants, the Indochinese Refugee Resettlement and Protection Act of 1987, and Adjustment to Lawful Resident Status of Certain Nationals of Countries for Which Extended Voluntary Departure Has Been Made Available; (2) the Department of Defense Appropriations Act, 1988; (3) the District of Columbia Appropriations Act, 1988; (4) the Energy and Water Development Appropriation Act, 1988; (5) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988; (6) the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1988; (7) the Department of the Interior and Related Agencies Appropriations Act, 1988; (8) the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1988, which includes the Department of Labor Appropriations Act, 1988, the Department of Health and Human Services Appropriations Act, 1988, and the Department of Education Appropriations Act, 1988; (9) the Legislative Branch Appropriations Act, 1988; which includes the Congressional Operations Appropriations Act, 1988; (10) the Military Construction Appropriations Act, 1988; (11) the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1988; (12) the Department of Transportation and Related Agencies Appropriations Act, 1988; and (13) the Treasury, Postal Service and General Government Appropriations Act, 1988, which includes the Treasury Department Appropriations Act, 1988, the Postal Service Appropriation Act, 1988, the Executive Office Appropriations Act, 1988, and the Independent Agencies Appropriations Act, 1988.

Makes appropriations and grants authority under this joint resolution from December 21, 1987, until: (1) enactment into law of an appropriation for any project or activity provided for in this resolution; (2) enactment of the applicable appropriations Act by both Houses without any provision for such project or activity; or (3) September 30,1988, whichever first occurs.

Allows appropriations required to be apportioned to be apportioned on a basis that indicates the need for a deficiency or supplemental appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to retired and active military personnel.

Requires amounts and authorities provided by this joint resolution to be in accordance with the reports accompanying the bills as passed by or reported to the House and the Senate and in the Joint Explanatory Statement of the Conference accompanying this Act.

Prohibits in FY 1988 any increase in the rate of pay for any office or position in the legislative, executive, or judicial branch or in the District of Columbia government to a rate exceeding the rate of basic pay for level V of the Executive Schedule.

Prohibits funds appropriated for FY 1988 by this Act from being expended to enter into any contract for the construction or repair of any public building or public work in the United States or U.S. possession with any foreign contractor, subcontractor, or supplier of products whose country denies fair market opportunities to U.S. products or services in procurement or bidding for construction projects funded by that country or by an entity controlled by that country. Authorizes waivers in the public interest. Requires the United States Trade Representative to maintain a list of such countries.

Provides a two percent pay increase for Federal employees.

Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to provide a two percent pay increase for members of the armed forces.

Transfers unobligated Department of Defense funds for FY 1987, or for previous years, to the President to provide humanitarian assistance, and for the transportation of such and other assistance, to the Nicaraguan democratic resistance, to remain available through February 29, 1988. Suspends the transportation of lethal assistance to the Nicaraguan resistance and allows for its resumption only if the President certifies to the Congress that: (1) at the time of such certification no ceasefire is in place; (2) the failure to achieve such ceasefire results from the lack of good faith efforts by the Government of Nicaragua; and (3) the Nicaraguan resistance has engaged in good faith efforts to achieve such ceasefire. Directs the President to make unobligated humanitarian assistance funds available to the Nicaraguan resistance through nonpolitical humanitarian international organizations if, on January 17, 1988, a ceasefire is in place and the Government of Nicaragua is in compliance with the Guatemala Peace Accord. Authorizes the President, between January 25 and 27, 1988, to request budget and other authority for additional assistance to the Nicaraguan resistance. Permits the President to make one additional request only if a joint resolution approving the initial request is enacted into law. Specifies request requirements. Sets forth House and Senate procedures for considering such a joint resolution. Specifies request requirements. Repeals provisions of the continuing appropriations resolution for FY 1987 and the International Security and Development Cooperation Act of 1985 relating to assistance to the Nicaraguan resistance.

Amends the Employee Retirement Income Security Act of 1974 to allow a tax-exempt organization all of whose members primarily coach football as full-time employees of four-year colleges or universities to have a pension plan with a qualified cash or deferred arrangement, provided such organization was in existence on September 18, 1986. Requires such a plan to be treated as a multiemployer plan.

Sets forth provisions governing the availability of funds provided under this Act for Star Schools, the workplace literacy program, and dropout prevention.

Provides that for purposes of making adjustments with respect to pre-school grants to State educational agencies, the number of handicapped children aged three to five, inclusive, receiving special education and related services shall be equal to the number of such children receiving such education and services on December 1, 1987, or if the State educational agency so chooses, the number of such children on March 1, 1988.

Authorizes appropriations to establish the Warren G. Magnuson Foundation and Margaret Chase Smith Foundation Assistance Act. Authorizes the Secretary of Education to make grants to: (1) the Warren G. Magnuson Foundation for use in the development and activities of the Warren G. Magnuson Health Services Center at the University of Washington at Seattle, Washington, and for other health and education activities of the Foundation; and (2) the Margaret Chase Smith Foundation for use in the development and activities of the Margaret Chase Smith Library Center, located in Skowhegan, Maine. Authorizes appropriations.

Authorizes the Committee on Rules and Administration of the Senate to provide for the distribution of unused food from the Senate cafeterias to the needy of the District of Columbia.

Authorizes the Secretary of Labor to make available from funding provided under this Act and authorized by the Job Partnership Act necessary funds to match a Federal Aviation Administration grant to the city of San Marcos, Texas, for the replacement of certain buildings and other facilities at the Gary Job Corps Center, San Marcos, Texas. Authorizes the Secretary of Transportation to issue a grant to the city of San Marcos for such replacement.

Agricultural Aid and Trade Missions Act - Directs the Secretary of Agriculture (Secretary), the Secretary of State, and the Administrator of the Agency for International Development to establish agricultural aid and trade missions to eligible countries to encourage such countries to participate in U.S. agricultural aid and trade programs in accordance with this Act. Outlines administrative provisions concerning the composition and compensation of the U.S. representatives to such missions. Sets forth specified criteria for the establishment of such missions to eligible countries. the establishment of eight missions within six months, and an additional eight missions within one year, after enactment of this Act. Authorizes the Secretary to establish additional future missions.

Authorizes the establishment of a mission in Poland.

Requires members of such missions to: (1) meet with representatives of government agencies of the United States and the eligible country to plan the extent to which U.S. agricultural aid and trade programs could be used in a mutually beneficial manner; (2) provide technical expertise and information with respect to U.S. agricultural aid and trade programs and agricultural commodities and other assistance available to the eligible country; and (3) assist in obtaining firm commitments for proposals for food aid programs and agreements for commodity sales under agriculture export programs.

Directs each mission, no later than 60 days after its completion, to report to the President, the House Committee on Agriculture, the Senate Committee on Agriculture, Nutrition, and Forestry, the House Committee on Foreign Affairs the Senate Committee on Foreign Relations, the Secretary, the Secretary of State, and the Administrator on its findings and recommendations in carrying out the purposes of this Act.

Directs the Secretary and the Administrator, during the two-year period beginning one year after the enactment of this Act, to submit quarterly reports to the House Committee on Agriculture, the Senate Committee on Agriculture, Nutrition, and Forestry, the House Committee on Foreign Affairs, and the Senate Committee on Foreign Relations on progress made by such missions.

Authorizes appropriations for FY 1988.

Amends the Agricultural Trade Development and Assistance Act of 1954 (Act) to require, for FY 1988 through 1990, each agricultural commodity sale to provide for some foreign currency sales (except for agreements with a country the President determines is incapable of participating in a foreign currency sales program) unless the President determines that the level of agricultural commodities furnished under this Act will be significantly reduced by this section. (Current law requires at least ten percent of such commodity sales to be foreign currency sales unless reduced by the President.)

Directs the President to give favorable commodity allocation to countries promoting the private sector through foreign currency sales.

Includes the promotion of conservation and study of biological diversity among the self-help measures set forth under such Act for the consideration of the President before entering into an agreement with a developing country for the sale of U.S. agricultural commodities.

Includes cooperatives among the entities to be utilized by the President in the provision of agricultural commodity assistance to meet famine and other extraordinary food requirements of developing countries.

Directs the President to report to the Congress by February 15, 1988, and annually thereafter, on sales, barter, and the use of foreign currency proceeds under the Act.

Requires cooperatives (currently only nonprofit voluntary agencies) to include in a request for a nonemergency food assistance agreement a description of the uses of any foreign currency proceeds generated with the commodities provided under the agreement. Increases from five to ten percent of the aggregate value of the commodities distributed under nonemergency programs the amount that shall be used as foreign currency proceeds. Specifies uses of foreign currency proceeds from the sale or barter of commodities by an agency or cooperative.

Directs the President, no later than 45 days after submission to AID, to take final action on a proposal submitted by a nonprofit voluntary agency or cooperative, with the concurrence of the field mission, for the delivery of commodities requested. Directs the President, no later than 30 days prior to the issuance of a final guideline issued to carry out this title to provide notice of the proposed guideline to participating nonprofit agencies and cooperatives and to make such guideline available for review and comment.

Requires an order for the purchase or the supply, from inventory, of such commodities to be transmitted to the Commodity Credit Corporation not later than 15 days after receipt of a call from a field mission for such commodities.