JOINT RESOLUTION MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1988, AND FOR OTHER PURPOSES.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91G00006R000900010003-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 44
• Document Creation Date: December 23, 2016
• Document Release Date: February 24, 2014
• Sequence Number: 3
• Publication Date: December 8, 1987
• Content Type: REPORT

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100TH CONGRESS
1ST SESSION
II
Calendar No. 465
H. J. RES. 395
[Report No. 100-238]
IN THE SENATE OF THE UNITED STATES
DECEMBER 8, 1987
Received, read twice and referred to the Committee on Appropriations
DECEMBER 8, 1987
Reported by Mr. STENNIS, with amendments
[Omit the part struck through and insert the part printed in italic]
JOINT RESOLUTION
Making further continuing appropriations for the fiscal year
1988, and for other purposes.
1 Resolved by the Senate and House of Representatives
2 of the United States of America in Congress assembled,
3 SEeTioN 4, In order to achieve he levels ef deficit re-
4 fbietien agreed to in the Economic Summit by the President
5 and the Joint leadership ef Congress, notwithstanding ftfty
6 ether prevision of this resolution, the levels for defense
7 spending (budget function OW) for fiscal year 1988 shall net
8 exceed *2.92,000049,000 in budget, authority and
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1 $485740079907009 in outlays and the levels for discretionary
2 non defense domestic spending for fiscal year 1988 shall not
3 exceed $46,2790070907000 in budget authority and
4 $476780070007000 in outlays, and individual fteeetuita within
5 this resolution shall be adjusted to meet the requirements of
6 this sentence.
7 In order to early out the levels agreed to in the Free
-
8 nomie Summit, the Committee On Appropriations shall take
9 such steps tta are necessary to apportion these levels among
10 the various subcommittees and shall make such reeernmenda-
11 tions in the conference report on this resolution as ensure
12 that these levels are not exceeded.
13 The following sums are hereby appropriated, out of any
14 money in the Treasury not otherwise appropriated, and out of
15 applicable corporate or other revenues, receipts, and funds,
16 for the several departments, agencies, corporations, and other
17 organizational units of the Government for the fiscal year
18 1988, and for other purposes, namely:
19 SBO. 101. (a) Such amounts as may be necessary for
20 programs, projects, o activities at the rate for ever-44one and
21 to the extent and in the manner provided for in H.R. 2763,
22 the Departments of Commerce, Justice, and State, the Judi
23 'Diary, and Related Agencies Appropriations AetT 49887 as
24 passed by the Reuse of Representatives on July 47 1987.
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1 Sc. 101. (a) Such amounts as may be necessary for
2 programs, projects, or activities at the rate for operations and
3 to the extent and in the manner provided for in H.R. 2763,
4 the Departments of Commerce, Justice, and State, the Judi-
5 ciary, and Related Agencies Appropriations Act, 1988, as
6 passed by the Senate on October 15, 1987: Provided, That
7 discretionary domestic budget authority shall not exceed
8 $10.43 billion and that discretionary domestic outlays (ex-
9 cluding prior year outlays) shall not exceed $8.03 billion:
10 Provided further, That discretionary international affairs
11 budget authority shall not exceed $3.74 billion and that dis-
12 cretionary international affairs outlays (excluding prior year
13 outlays) shall not exceed $2.77 billion.
14 (h) Such amounts its flifty be lieeeNftrT for programs,
15 projects, e activities ttt the fftte for operations and to the
16 extent and in the manner provided for in H.R. 3576, the
17 Department of Defense Appropriations Act, 19887 its report
18 ed to the Reuse of Representatives en October 287 1987.
19 (b) Such amounts as may be necessary for programs,
20 projects, or activities at the rate for operations and to the
21 extent and in the manner provided for in S. 1923, the De-
22 partment of Defense Appropriations Act, 1988, as reported to
23 the Senate on December 4, 1987: Provided, That defense
24 budget authority shall not exceed $276.11 billion and that
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1 defense outlays (excluding prior year outlays) shall not
2 exceed $162.44 billion.
3 4e) Such -amounts as nifty be necessary for programs,
4 projects, Of activities at the rate for operations and to the
5 extent and in the manner provided for in H.R. 2713, the
6 District of gehirfthitt Appropriations Act, 1988, as passed by
7 the Reuse of Representatives en June 2.67 1987.
8 (c) Such amounts as may be necessary for programs,
9 projects, or activities at the rate for operations and to the
10 extent and in the manner provided for in H.R. 2713, the
11 District of Columbia Appropriations Act, 1988, as passed by
12 the Senate on September 30, 1987: Provided, That discre-
13 tionary domestic budget authority shall not exceed $560 mil-
14 lion and that discretionary domestic outlays (excluding prior
15 year outlays) shall not exceed $550 million.
16 (d) Such omeinits as may be necessary for programs,
17 projects, Of activities at the rate for operations ttod to the
18 cxtcnt and ill the manner provided for in H.R. 2700, the
19 Energy and Water Development Appropriations Act, 1988,
20 as passed by the Renee of Representatives on June 2+
21 1987.
22 (d) Such amounts as may be necessary for programs,
23 projects, or activities at the rate for operations and to the
24 extent and in the manner provided for in H.R. 2700, the
25 Energy and Water Development Appropriations Act, 1988,
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1 as passed by the Senate on November 18, 1987: Provided,
2 That discretionary domestic budget authority shall not exceed
3 $9.31 billion and that discretionary domestic outlays (ex-
4 cluding prior year outlays) shall not exceed $5.91 billion:
5 Provided further, That defense budget authority shall not
6 exceed $7.75 billion and that defense outlays (excluding
7 prior year outlays) shall not exceed $5.04 billion.
8 (e) Such amounts ita may he necessary fat programs,
9 projects, Of activities at the fate for operations and to the
10 extent and in the manner provided for in H.R. 8-1467 the
11 Foreign Operations, Export Financing and Related Programs
12 Appropriations Act, 1988, as, reported to the House of Rep-
13 fesentatives en August 67 1987.
14 (e) Such amounts as may be necessary for programs,
15 projects, or activities at the rate for operations and to the
16 extent and in the manner provided for in S. 1924, the For-
17 eign Assistance, Export Financing and Related Programs
18 Appropriations Act, 1988, as reported to the Senate on De-
19 cember 4, 1987: Provided, That discretionary international
20 affairs budget authority shall not exceed $13.04 billion and
21 that discretionary international affairs outlays (excluding
22 prior year outlays) shall not exceed $5.32 billion.
23 (#4 Such amounts as may he necessary fat programs,
24 projects, . Of activities at the fate fof operations and to the
25 ex-tent and in the manner provided fet in H.R. 2783, the
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1 Department of ileneing and Urban Develepment-Independ-
2 ent Agencies. Appropriations Act, 4-9487 so paosed 13y the
3 House of RepresentMiyeo en September 22, 1987.
4 (f) Such amounts as may be necessary for programs,
5 projects, or activities at the rate for operations and to the
6 extent and in the manner provided for in H.R. 2783, the
7 Department of Housing and Urban Development-Independ-
8 ent Agencies Appropriations Act, 1988, as passed by the
9 Senate on October 15, 1987: Provided, That discretionary
10 domestic budget authority shall not exceed $40.87 billion and
11 that discretionary domestic outlays (excluding prior year out-
12 lays) shall not exceed $18.46 billion: Provided further, That
13 defense budget authority shall not exceed $350 million and
14 that defense outlays (excluding prior year outlays) shall not
15 exceed $280 million.
16 (t) Such amounts fro may he nccmary for programs;
17 projects, e ftetiyitieo ftt the rate for operationo find to the
18 extent and in the manner provided for in H.R. 2712, the
19 Deportment of the Interior ond Related Agcncic2 Apprepitia-
20 tion e Aet7.19.887 os passed by the Reese of Repreentative
21 Off June 25, 1987.
22 (g) Such amounts as may be necessary for programs,
23 projects, or activities at the rate for operations and to the
24 extent and in the manner provided for in H.R. 2712, the
25 Department of the Interior and Related Agencies Appropria-
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1 tions Act, 1988, as passed by the Senate on September 30,
2 1987: Provided, That discretionary domestic budget author-
3 ity shall not exceed $9.79 billion and that discretionary do-
4 mestic outlays (excluding prior year outlays) shall not exceed
5 $6.66 billion.
6 44 Such aniewite e flifly he necessary for programs;
7 projects, e activities at the rate fer operations and to the
8 extent and in the manner provided for in H.R. 80587 the
9 Departments of baher-7 Health and Ruffian Services, and
10 Education, mid Related Agencies Appropriations Act, -19887
11 aa passed by the House of Representatives en August
12 1987.
13 (h) Such amounts as may be necessary for programs,
14 projects, or activities at the rate for operations and to the
15 extent and in the manner provided for in H.R. 3058, the
16 Departments of Labor, Health and Human Services, and
17 Education, and Related Agencies Appropriations Act, 1988,
18 as passed by the Senate on October 14, 1987: Provided, That
19 discretionary domestic budget authority shall not exceed
20 $38.26 billion and that discretionary domestic outlays (ex-
21 cluding prior year outlays) shall not exceed $19.20 billion:
22 Provided further, That discretionary international affairs
23 budget authority shall not exceed $5 million and that discre-
24 tionary international affairs outlays (excluding prior year
25 outlays) shall not exceed $1 million.
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1 (4 Such amounts as may be necessary for programs,
2 projects, Of activities at the fate for operations, and to the
3 extent and in the manner provided fef i H.R. 2714, the
4 Legislative Branch Appropriations Act, 4-9887 as pi/booed by
5 the Reuse of Representatives en June 2447 1987.
6 (i) Such amounts as may be necessary for programs,
7 projects, or activities at the rate for operations and to the
8 extent and in the manner provided for in H.R. 2714, the
9 Legislative Branch Appropriations Act, 1988, as passed by
10 the Senate on September 30, 1987: Provided, That discre-
11 tionary domestic budget authority shall not exceed $1.77 bil-
12 lion and that discretionary domestic outlays (excluding prior
13 year outlays) shall not exceed $1.56 billion.
14 (j) Such ametutto as may be necessary for programs,
15 projects, 812 activities at the fate for operations find to the
16 extent and in the manner provided for in H.R. 49067 the
17 Military Construction Appropriations. Act, 49887 as pftomd
18 by the House of Representatives en July 4.47 1987.
19 (j) Such amounts as may be necessary for programs,
20 projects, or activities at the rate for operations and to the
21 extent and in the manner provided for in H.R. 2906, the
22 Military Construction Appropriations Act, 1988, as passed
23 by the Senate on October 27, 1987: Provided, That defense
24 budget authority shall not exceed $8.50 billion and that de-
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1 fense outlays (excluding prior year outlays) shall not exceed
2 $2.37 billion.
3 Oi-1 Such amounts as may he necessary for programs,
4 projects, Of activities at the rate for operations and to the
5 extent and in the manner provided fer in H.R. 8620, the
6 Rural Development, Agriculture, and Related Agencies
7 Appropriations Act, 1988, an reported to the House of
8 Representatives en Coeteher 20, 1987: Provided, That with
9 respect to the line items fer which monies are appropriated in
10 the paragraph under the heading
11 eaft-Peit-A-LPH+Ns
12 COMMODITY eft-EDIT eeft-Pelt*TION
13 ef9aft-A-TI-Ne fix-Pisii-fsErfs
14 in title I of such bill, any monies otherwise available to the
15 Commodity Credit Corporation not otherwise obligated (in-
16 eluding the proceeds of repayments of price support loans
17 made on the 1987 Of previous crops and any proceeds of
18 sales of commodities from Commodity Credit Corporation
19 stocks) may be transferred to such line items Of may be used
20 to reimburse the Commodity Credit Corporation during fiscal
21 year 1988 for net realized losses sustained, hut not previous
22 ly reimbursed (pursuant to the Aet of August 4-77 1961)
23 (44 if the Secretary of Agriculture determines such
24 transfer Of use is necessary to ensure the efficient and
25 effective implementation of the programs under the
26 Food Security Act of 1986, and
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1 (-24 the Secretary provides advance notice of the
2 transfer or use to Gengreso7
3 (k) Such amounts as may be necessary for programs,
4 projects, or activities at the rate for operations? and to the
5 extent and in the manner provided for in S. 1800, the Agri-
6 culture, Rural Development, and Related Agencies
7 Appropriations Act, 1988, as reported to the Senate on Oc-
8 tober 16, 1987: Provided, That discretionary domestic budget
9 authority shall not exceed $15.11 billion and that discretion-
10 ary domestic outlays (excluding prior year outlays) shall not
11 exceed $6.33 billion: Provided further, That discretionary
12 international affairs budget authority shall not exceed $1.06
13 billion and that discretionary international affairs outlays
14 (excluding prior year outlays) shall not exceed $1.35 billion.
15 (1) Such amounts fts may be necessary for program37
16 projects, er ftetivities at the fate for operations and to the
17 extent ftlifl in the manner provided far in H.R. 2890, the
18 Department of Transportation arid Related Agencies, Appre-
19 priatione Act, 1988, fte passed by the 14-ou2e of Representa-
20 fives July 4-37 1987.
21 (1) Such amounts as may be necessary for programs,
22 projects, or activities at the rate for operations and to the
23 extent and in the manner provided for in H.R. 2890, the
24 Department of Transportation and Related Agencies Appro-
25 priations Act, 1988, as passed by the Senate on October 29,
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1 1987: Provided, That discretionary domestic budget author-
2 ity shall not exceed $10.52 billion and that discretionary do-
3 mestic outlays shall not exceed $9.18 billion.
4 (in) Such amoimte its may he fieeeOffEtfy for pfegfftflit
5 projects, Of ftetivities ftt the rate for operations and to the
6 extent and i the manner provided for iii H.R. 2907, the
7 Treasury, Postal genPiee; and General Government Appro-
8 priatimis Act, 1988, es passed by the ilettse of ltepresenta-
9 fives Oft Ally 4-5i 1987.
10 (m) Such amounts as may be necessary for programs,
11 projects, or activities at the rate for operations and to the
12 extent and in the manner provided for in H.R. 2907, the
13 Treasury, Postal Service, and General Government
14 Appropriations Act, 1988, as passed by the Senate on Sep-
15 tember 25, 1987: Provided, That discretionary domestic
16 budget authority shall not exceed $8.49 billion and that dis-
17 cretionary domestic outlays (excluding prior year outlays)
18 shall not exceed $6.94 billion: Provided further, That defense
19 budget authority shall not exceed $15 million and that de-
20 fense outlays (excluding prior year outlays) shall not exceed
21 $15 million.
22 Such amounts ttff may he neeessary for continuing
23 the following activities, fret otherwise provided for in this
24 joint resolution; which were conducted in the fiscal year
25 1987, wider the terms aml conditions provided in applicable
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1 appropriations Acts fer the fiscal year 1987, at the current
2 rate: Provided, That no appropriation Of fund made available
3 Of authority granted pursuant to thie subsection shall be used
4 to initiate Of resume any project Of activity for which ftpf0-
5 priationo7 funds, or authority were net available during fiscal
6 year 1987:
7 activities authorized by the Older Americans Act;
8 dislocated worker assistance programa authorized
9 by title 144 of the Job Training Partnership Act;
10 activities authorized by titles 417 X--,- XVII,
11 Yi44(7 and XX of the Public Health Service Act mid
12 the Anti Drug Abuse Act of 1986;
13 Work Incentives (WENT) activities authorized by
14 title AL of the Social Security Act;
15 child abuse awl adoption opportunities activities
16 authorized by the Child Abuse Prevention and Treat
17 melt Act, as amended, title 14 of Public Lew 45-2667
18 and by sections 402 409 of Public Law 98 173;
19 activities authorized by the Family Violence Prc
20 NT-el/64Hk and Services Act;
21 activities authorized by the Developmental Dis
22 abilities and Assistance and Bill of Rights, Act;
23 activities authorized by the Native American Pro
24 grams Act;
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1 activities of the United States Mint in the Depar-t-
2 ',tient of the Treasury; ftfitl
3 ttetiNities of the White ilense Conference o Drug
4 Manse tnid Control in the Executive Office of the
5 President.
6 (n) Notwithstanding any other provision of this joint
7 resolution, the levels for defense spending (budget function
8 050) for fiscal year 1988 shall not exceed $292.0 billion in
9 budget authority and shall be $285.4 billion in outlays and
10 the levels for discretionary nondefense spending shall not
11 exceed $162.9 billion in budget authority and $176.8 billion
12 in outlays, and individual accounts within this resolution
13 shall be adjusted to meet the requirements of this subsection.
14 SEC. 102. Unless otherwise provided for in this joint
15 resolution or in the applicable appropriations Act, appro-
16 priations and funds made available and authority granted
17 pursuant to this joint resolution shall be available from No-
18 vember 20, 1987, and shall remain available until (a) enact-
19 ment into law of an appropriation for any project or activity
20 provided for in this joint resolution, or (b) enactment of the
21 applicable appropriations Act by both Houses without any
22 provision for such project or activity, or (c) September 30,
23 1988, whichever first occurs.
24 SEC. 103. Appropriations made and authority granted
25 pursuant to this joint resolution shall cover all obligations or
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1 expenditures incurred for any program, project, or activity
2 during the period for which funds or authority for surch
3 project or activity are available under this joint resolution.
4 SEC. 104. Expenditures made pursuant to this joint res-
5 olution shall be charged to the applicable appropriation, fund,
6 or authorization (including a continuing appropriation for the
7 full year) whenever a bill in which such applicable appropria-
8 tion, fund, or authorization (including a continuing appropria-
9 tion for the full year) is contained is enacted into law.
10 SEC. 105. Section 1515 of title 31 of the United States
11 Code is amended by striking subsection (a) and inserting in
12 lieu thereof the following:
13 "(a) An appropriation required to be apportioned under
14 section 1512 of this title may be apportioned on a basis that
15 indicates the need for a deficiency or supplemental appropria-
16 tion to the extent necessary to permit payment of such pay
17 increases as may be granted pursuant to law to civilian offi-
18 cers and employees (including prevailing rate employees
19 whose pay is fixed and adjusted under subchapter IV of chap-
20 ter 53 of title 5) and to retired and active military person-
21 nel."
22 SEC. 106. The provisions of appropriations Acts within
23 the purview of this joint resolution, and the provisions of ap-
24 propriations Acts within the purview of the following joint
25 resolutions making continuing appropriations (section 101(c)
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1 of Public Law 96-86 (93 Stat. 657), section 101(f) of Public
2 Law 98-151 (97 Stat. 973), section 101(b) of Public Law
3 98-473 (98 Stat. 1837), section 101 (a) and (c) of Public
4 Law 99-190 (99 Stat. 1185, 1224), and section 101 (g), (i),
5 and (1) of Public Laws 99-500 and 99-591 (100 Stat. 1783-
6 242, 1783-287, 1783-308, 3341-242, 3341-287, 3341-
7 308)), shall (to the extent and in the manner specified in
8 the pertinent section of any such joint resolution) be effective
9 as if enacted into law. Those provisions are effective on the
10 date of enactment of the pertinent joint resolution except to
11 the extent a different effective date is specified in the joint
12 resolution or pertinent appropriations Act.
13 SEC. 107. Amounts and authorities provided by this res-
14 olution shall be in accordance with the reports accompanying
15 the bills as passed by or reported to the House Senate.
16 Sue. 4-08, In addition to any emus otherwise provided
17 herein, there is appropriated 00070440 to the United States
18 Information Agency,"Educational and Cultural Exchange
19 Programs", which shall he made available to the Seattle
20 Goodwill Games Organizing Committee for cultural ex--
21 changes of persons arid ether ex-change-related activities as-
22 eeeiated with the Goodwill Games to be held in 4-990 in
23 Seattle; Wit-shine:m:17
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1 SEC. 4449, Section 2-144d) of the Immigration and NO-
2 tionalit-y Aet ie amended by inserting the following Frew
3 Par-atfaPhi.
4 "(3) No application feca collected by the Immigra-
5 tion and Naturalization Service (INS) pursuant to see-
6 tion 2444(b) of the Immigration end Nationality Act
7 4-EgA4 may be used by the INS to offset the costs of
8 the special agricultural worker legalization program
9 until the INS implements the program consistent with
10 the statutory mandate its follows:
11 "(A) During the application period as defined
12 in section 24040(1)44 of the INA the INS shall
13 not exclude from entry Of deport any alien and
14 shall grant, where applicable, admission to the
15 United States, work authorization, and provide an
16 employment authorized" endorsement Of other
17 appropriate work permit to any alien who pre-
18 sents a nonirivoloas application for adjustment of
19 status subsection 407
20 .(13) During the application period fts defined
21 in section 210(a)(1)(A) of the INA the INS shall
22 permit any alien who presents a nonipiveleue
ap-
23 plication for adjustment of statue under subsection
24 (a) to file an applieation for adjustment of status
25 within the United Stater as provided for in section
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1 2-1-0(4)(4)(43) Of outside the United States, as pf0-
2 vided for in section 210(14(4).(43) an47 specifically,
3 ander the procedures contained in 8 CFR
4 ?210.6.
5 "(C) INenfrivelottal application is defined as
6 ft declaration by the alien ander penalty of perjury
7 that the alien has in feet worked the required
8 number of man days, that identifies the type Of
9 nature of documentation the alien intends to later
10 produce in conjunction with ft complete applieft-
11 60137 that identifies current Of immediate past
12 employer(o)7 if known and that acknowledges that
13 false Qtatementa concerning eligibility constitute a
14 violation of title 487 United States Code, and/or
15 as an application defined in 8 CFR ? 210.6(c).".
16 SEC. 110. Na funds appropriated in this Of any other
17 Act may be used to deport Of otherwise require departure
18 from the United States of an alien who either is the spouse of
19 ft legalized person through ft marriage entered into before
20 November 67 1986, Of was the child of ft legalized person as
21 of November 67 1986: Provided; That the terms "child" and
22 " p " have the meanings given each terms in section 101
23 of the Immigrant and Nationality Act, and the term "legal
24 ized person" means, an alien who has been granted lawful
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1 resident status under section 240 Elf 245A of the Immigration
2 ffiid Nationality Act.
3 SEC. 4447 Ii addition to orry ettilie provided under this
4 joint resolution, there is appropriated $4,000,000 to the
5 Commission en the Bicentennial of the Constitution for rt
6 grant to the We The People 200 Committee,
7 SEC. 112. Nene of the funds made available under this
8 joint resolution Of ftfty subsequent appropriations Act fer
9 fiscal year 1988 for the Small Business Administration shall
10 he used for the implementation of section 024 of Public Law
11 99 661 end section 024 of Public Law 99 591 prier to Sep
12 tember 30, 1988.
13 SEC. 113. The Secretary of the Army, acting through
14 the Chief of Engineers; is directed to continue with planning;
15 design, engineering end construction of the Des Moines Ree
-
16 reatienal River end Greenbelt project in accordance with the
17 General Design Memorandum dated September 1987 and
18 Public Law 99 591 using funds heretofore, herein, ef here
19 after appropriated.
20 SEC. 4447 Pffeag.eq. MeimPfe-A-TieN,--The project for
21 flood protection on the Lower San Joaquin River, California,
22 authorized by section 4-0 of the Peed Control Act approved
23 December 22, 4-944 (-58 Stat. 901), is modified
24 44 to authorize the Secretary of the AR=Fly7 acting
25 through the Chief of Engineers; to perform; in eomiee-
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1 ties with the clearing and snagging authorized to be
2 performed en such river from Stockton, California, to
3 Fr-614 Dam fte part of such project by the Supplemen-
4 tal Appropriations Act, 1983 (67- Stat. 310)
5 (A} clearing and snagging in the area of the
6 North Fork of the Kings River in Mendota Peel
7 from the southern-1y boundary of the James Reekt-
8 mation District Number 1606 to Mendota Dam;
9 (13} fish aml wildlife mitigation; and
10 (0} such rip rapping in the area of the clear
11 Mg and snagging oo such rivers as may be ncces
12 &art to prevent erosion from such clearing and
13 snagging; and
14 (-2-) to increase the estimated cost of the clearing
15 and snagging Oft the bower &an Joaquin River, includ
16 Mg the activities authorized by paragraph (1)7 from
17 $670007000 to $8700070007
18 SEC. 115. Notwithstanding folly other prevision of 1aw7
19 none of the funds appropriated under this Aet er any ether
20 Aet shall be used by the Department of the Interior to imple-
21 ment ft reorganization of the Bureau of Reclamation.
22 Sno. 116. (A) The McGee Creek Project of the Bureau
23 of Reclamation shall net be deemed completed until such
24 time fiti construction of all authorized components of the
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1 project are completed, including access raft& and recreation
2 areas,
3 04) The Bureau of Reclamation shall fret transfer title of
4 the project to any other entity Of require repayment of the
5 project Of permit refinancing of the project until such time itia
6 the project is completed according to the terms of (-A) above,
7? 843e:, 117. Ffeffi within funds available for Energy
8 Supply; Research on4 Development Activities, *875007000
9 shall be made available aff ft grant for the Loma Linda Uni
10 ver-sity Medical Center Proton Beam Demonstration Cancer
11 Treatment Center and shall remain available until expended.
12 SEO. 118. FfOfft within funds available for Energy
13 Supply; Research ftlid Development Activities, *270007080
14 shall be made available fes o grant for the Center for Physical
15 ftlifi Environmental Science ftt East Central University; Ada,
16 Oklahoma, and shall remain available until expended,
17 SEO. 119. The Federal Energy Regulatory Commission
18 is authorized to extend the time period required for eem-
19 meneeffiefit of eeftatmetion of Project No, 4506 for o addi-
20 tiena4 two years upon application by the licensee to the Fed
21 era-1 Energy Regulatory Commission if the Federal Energy
22 Regulatory Commission determines that ftn additional exten
23 sion is warranted under the standard set forth in section 4-g of
24 the Federal Power Act and is in the public interest, taking
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1 into consideration the comprehensive review requirements of
2 the Federal Power Act.
3
4 SEC. 120. Of the funds made available in fiscal years
5 1985 and 1486 for expcn3ca necessary to enable the Prc3i
6 dent to carry eut the previsions of section 24 of the Afflie
7 Export Control Act, *6470007000 which Wit?ff allocated for
8 the Republic of Korea and which remains ftff uncommitted
9 balances i rescinded.
10 SEC. 121. In addition to the previsions of section 404-(e)
11 for Foreign Over-agent Rx-pert Financing and Related Pro
12 grams Appropriations Act, 4-988 insert the following:
13 "(a)(1) Notwithstanding fifty numerical limitations speei-
14 fled in the Immigration and Nationality Act, the Attorney
15 General Rifty admit aliens described in section (134 to the
16 United States its immigrants if-
17 "(A) they ore admissible (except as otherwise pre-
18 vided in paragraph (2)-) ibe iffifFtigfailts7 ftfid
19 "(B) they are issued ftli immigrant ?4so itild depart
20 from Vietnam daring the 2-year period beginning OA
21 days after the date of the enactment of this A4,
22 "(2) The previsions of paragraphs (14), (15), (20)7 (21),
23 (25)-; and (82) of section 24244 of the Immigration 1111E1 Na-
24 tionality Act shall fiEft be applicable to any alien seeking ad-
25 mission to the United States kinder this section, and the At-
26 terney General on the recommendation of ft consular officer
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1 may waive any ether provision of such section (ether than
2 paragraph (27), (29), Of (-84) and other than so much of pftra-
3 graph (48) as relates to trafficking in narcotics) with respect
4 to such an alien for humanitarian purposes, to assure family
5 unity; Of when it is otherwise in the publie inter-eat. Any such
6 waiver by the Attorney General shall he in writing and shall
7 he granted only on an individual basis following an investiga-
8 tion by ft consular officer.
9 "(3) Notwithstanding section 224-(e) of the Immigration
10 and Nationality Act, immigrant visas issued to aliens, under
11 this section shall he valid for a period of 8 months,
12 L(4)(4) An alien described in this subsection is an alien
13 who, as of the date of the enactment of this. Act, is residing in
14 Vietnam and who establishes to the satisfaction of a consular
15 officer Of an officer of the Immigration and Naturalization
16 Service after a faee-to-faee interview, that the itlien
17 li(A)(i) was born in Vietnam after January 4-
18 1962, and before January 47 1976, and (ii) was fa-
19 by ft citizen of the United States (such an alien
20 in this subsection referred to as a 'principal alien);
21 it(43) is the spouse or child of ft principal alien and
22 is accompanying, or following to join, the principal
23 ahem Of
24 "(C) subject to paragraph (2), either (i) is the
25 principal alien's natural mother (of is the spouse Of
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1 child of such mother); er (ii) has acted in effect es the
2 principal mother, father, or next-of-kin (or is the
3 spouse e child of Queh en alien), end is accompanying,
4 Of following to join; the principal alien.
5 "(2) An immigrant visa may not be issued to en alien
6 under paragraph (4)(4) unless the principal alien involved is
7 unmarried end the officer referred to in paragraph (44 has
8 determined, in the officer-Ls discretion, that (A) such en alien
9 hes e bone fide relationship with the principal alien similar to
10 that which exists between close family members and Q4) the
11 admission of such en alien is necessary for humanitarian pur-
12 poses Of to assure family unity. If en alien described in para
13 graph (1)(C)(ii) is admitted to the United States, the natural
14 mother of the principal alien involved shall not; thereafter, be
15 accorded eny right; privilege, or status under the Immigra--
16 tion end Nationality Act by virtue of such percentage.
17 "(3) El-0f purposes of this subsection; the term 'child' has
18 the meaning given such term in set:4,km 101(b)(1) (A), (B),
19 (C), (D), and (E4 of the Immigration and Nationality Act.
20 4e) Any alien admitted (er awaiting admission) to the
21 United States under this section shall be eligible for benefits
22 under chapter of title lAz of the Immigratioik end National
23 Ay Ae.t to the same extent itO individuals admitted (or await
24 ing admission) to the United States under section 207 of such
25 Act tcre eligible for benefits under such chapter.
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1 "(d) The Attorney General, in cooperation with the Sec
2 retary of State, shall report to Congress 1 year,. 2. ycar3, and
3 years, after the date of the enactment of this Act on the
4 implementation of this section: Each such report shall include
5 the number of aliens who are issued immigrant visas Oft?1 who
6 are admitted to the United States under this Act and number
7 of waivers granted under subsection ft).(2) and the reasons for
8 granting such waivers.
9 "(c) Except as otherwise specifically provided in this
10 section, the definitions contained in the Immigration OftEl
11 &ma-14y Act shall apply in the administration of this section
12 and nothing contained in this section shall he held to repeal,
13 amend, alter, modify; effect, Of restrict the powers-,- duties,
14 functions, Of authority of the Attorney General in the admin
15 istration and enforcement of such Act Of any ether law relat-
16 Mg to immigration, nationality; Of naturalization: The fact
17 that an alien may he eligible to be granted the status of
18 having been lawfully admitted for permanent residence under
19 this section shall net preclude the alien from seeking such
20 status under any other provision of law for which the alien
21 may be
22 SE43, 122. Section 17(d)(4)(G) of the United States
23 Reusing Act of 1937 is amended by striking 46 months"
24 and inserting L48 months".
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1 SEC. 123. Any cooperative hank established under the
2 Iftw of any State which WM' directed by the State banking
3 anther-4y of such State to obtain Federal deposit insurance
4 bet-Ween January 47 4-9857 end January 47 1987, shell be
5 deemed to be an insured institution described in section
6 2-1)(4)W4 of the Federal Rome Lean Bank Act.
7 Sim* 124. No funds shell he expended for the purposes
8 of preparing necessary documentation for end issuance of ft
9 special use authorization permitting land use end occupancy
10 end our-face disturbing activities for any project to he eon-
11 stfueted en Lewis Fork Greek in Madera County, California,
12 et the site above, end ftflifteent te Ger-lieu Falls bordering the
13 Lewis Fork Creek National Recreation T-r-ftil until both of the
14 following conditions ere met:
15 (44 A joint study is completed ftivi submitted to
16 the Congress by the United States Forest Service ftnd
17 the California Department of Parks end Recreation re-
18 gar-ding the project's impact en the aesthetics of Cor
19 lieu Falls, together with ft finding that the Lewis Fork
20 Creek project will net substantially impact the flew ftt
21 Gorlieu
22 A study is eempletefl end submitted to the
23 Congress by the United States. Forest Service concern
24 ing the project's impact on the Chttkehansi Indian
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1 Tribc, together with ft finding that there will he lie
2 impact en the tribe's adjacent sacred het springs.
3 SEO. 125. Hereafter, the Secretary of Agriculture is au--
4 theficed; except for urban rodent eetitrel; to (3.011414 11.44i-
5 ties and to enter into agreements with States; local jurisdic
6 tient individuals; and public end private agencies, erganica-
7 tions, end institutions in the 694r-el of nuisance mammals
8 end birds end those mammal end bird species that ere reser
9 voire for coonetie diseases, and to deposit any money collect
10 ed under any such agreement into the appropriation accounts
11 that incur the costs to he available immediately end to
12 remain available until expended for Animal Damage Control
13 activities.
14 SEC. 126. Section 144(g)(2) of title 23, United States,
15 Code, shall net apply to the Virginia Street Bridge in
16 Charleston; West
17 Sue. 127. Fef 80 percent of the expense necessary to
18 carry eut ft highway bypass project in the vicinity of Pcto3
19 key, Michigan, that demonstrates methods of improving eee-
20 Bernie development end regional transportation, there is au-
21 theficed to be appropriated *28,000,000, to remain available
22 until expended, of which *500;000 is hereby appropriated; to
23 remain available until expended: Provided; That all funds
ep-
24 prepriated under this head shall be exempt from any limita-
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1 tion en obligations for Federal aid highways and highway
2 safety construction programs,
3 SEC. 128. Funds made available to the United State
4 Postal Service pursuant to section 2404-(ft) of title 8-97 United
5 States Code: shall he used hereafter to continue full postal
6 service to the people of Holly Springs proper, including
ip-
7 grading, remodeling; and improving the United States Post
8 Office building located at 440 North Memphis Street, Holly
9 Springs, Mississippi,
10 SE?. 129. (ft) Nene of the funds made available by this
11 Of fifty ether Act with respect to any fiscal year may be used
12 to make ft contract for the manufacture of distineeree paper
13 for United States currency and sccuritica pursuant to set-gen
14 5111 of title 8-17 United States Code, with any corporation OF
15 other entity owned Of controlled by persons not citizens of
16 the United States, Of for the manufacture of such distinctive
17 paper outside of the United States OF its, possessions. This
18 subsection shall not apply if the Secretary of the Treasury
19 determines that no domestic manufacturer of distinctive
20 paper for United States currency Of securities exists with
21 which to make ft contract and if the Secretary of the Treaa
22 ury publishes in the Federal Register ft written finding atat
23 ing the basis for the determination,
24 Os} Nene of the funds made available by this Of fifty
25 ether Act with respect to any fiscal year may be used to
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1 procure paper fef passports granted Of issued pursuant te the
2 fist aeetiefi of the A4 entitled "An Act to regulate the issue
3 and validity of passports, and fef other purposes", .approved
4 July .87 1926-. (22 U.S.C. 2-14,a)7 if such paper ie manufactured
5 outside of the United States. Of ita possessions Of i procured
6 from ftfky corporation Of other entity owned Of controlled by
7 per-sena net citizens of the United States. This subsection
8 shall net apply if no domestic manufacturer fef passport
9 paper exists.
10 SEC. 130. INT-TER-Bs41 ON 43-AOIE PAY FOB FEDERAL
11 FI1iPEre-YEE67?(8) GENERAL. Section45.9.6(b) of title k
12 United States Code, ia amended
13 (4) by fedesignating paragraphs (2) and (8) as
14 paragraphs (8-) and (4)7 respectively; and
15 (2) by adding after paragraph (4) the following,:
16 "(2)(A) An amount payable under paragraph
17 (1)(A)(i) of this subsection shall he payable with
18 interest.
19 413.) Such interest
20 L(i) shall be computed fef the period begin
21 ning en the effective date of the withdrawal Of re-
22 duction involved and ending on it date net more
23 than 80 days before the date en which payment is
24 made;
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1 L44 shall be computed at the fate Of rates in
2 effect under section 66244444 of the Internal
3 Revenue Code of 1986 during the period 4e-
4 sefibed clause (i); ftfrd
5 "(iii) shall he compounded
6 "(C) Interest under this paragraph shall be paid
7 out of amounts available for payments under paragraph
8 44 of thieBuincetion.".
9 (4) CTE-IstERAteept tte provided in partt-
10 graph (2), the amendments made by subsection (ft) shall
11 take effect Oft the date of the enactment of this Act,
12 mid shall apply with respect to ftny employee found, in
13 ft final judgment entered of a final decision otherwise
14 rendered Oft Of after such date, to have been the sub-
15 jcct of an unjustified Of unwarranted personnel action,
16 the correction of which entitles such employee to an
17 amount under section 6696414(4)(4)(i) of title 67 United
18 States Code,
19 (2) EXCEPTION.
20 (A) CASES IN WilI011 * RIGHT TO INTER
21 EST W*E3 RESERVED. The amendments ma-de by
22 subsection (a) shall aloe apply with respect to any
23 claim which was brought under set-gen 6496 of
24 title 67 United States Code, and with respect to
25 which a final judgment was entered or ft final de-
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1 ?igen otherwise rendered before the date of the
2 enactment of this Act, if7 under ter-1=1+S of such
3 judgment Of decision, ft right to interest was spe-
4 cifically reserved, contingent en the enactment of
5 a statute authorizing the payment of interest en
6 claims brought under such section 45467
7 03) ME44-1441) F oempwri-Ne. INTEREST.
8 The amount of interest payable under this pftra-
9 graph with respect to a claim shall be determined
10 in accordance with section 549644244 of title 67
11 United States Cede (as amended by this section).
12 (g) SOURCE. An amount payable under this
13 paragraph shall be paid from the appropriation
14 made by section 1301 of title 847 United States
15 Code, notwithstanding section 4544644(2)(g) of
16 title 67 United States Cede (as amended by this
17 section) Of ftfry ether prevision of
18 4D-) DEADLINE. An application for a pay--
19 merit under this paragraph shall be ineffective if it
20 is filed after the end of the 4-year period begin
21 Fling Oft the date of the enactment of this Act.
22 SEC. 131. The Administrator of the General Services
23 Administration shall initiate the planning process necessary
24 to design and construct a facility for the Social Security Ad-
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1 ministration in Wilkes -gaffe; Pennsylvania, pursuant to ccc
2 tier} 115 of Public Law 99 591.
3 So. 132. PAY INGREA-SE FOB FEDERAL ErMPEO-Y-
4 BES-: ?(a) P-PRORNEF ftliy
5 ether prevision of low7 in the ease of fiscal year 4-9887 the
6 overall percentage of the adjustment under section 4806 of
7 title 67 United States Code, in the rates of pay under the
8 General Schedule, and in the rates of pay under the ether
9 statutory pay systems, shall be ant increase of 8 percent.
10 44 EFFReTwE DATE. Each increase in o pay r-ate
11 schedule which takes effect pursuant to subsection (a) shall,
12 to the maximum extent practicable, be of the same percent
13 age7 and shall take effect -as of the first day of the fifft appli
14 cable pay period beginning en or after January 47 19887
15 (e) F-T7T1Hi)INe any ether
16 prevision of lav, amounts appropriated in order to provide for
17 the adjustment described in subsection (a) in fiscal year 1988
18 shall cover Rot to exceed 84 percent of the increase in total
19 pay for such fiscal year.
20 (4) DEFINITIONS. For purposes of this section
21 (44 the term "total pay" meant with respect to ft
22 fiscal year, the total amount of basic pay which will be
23 payable to employees covered by statutory pay systems
24 for service performed during such year;
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1 (24 the term "increase in total pay" meant with
2 respect to ft fiscal year, that pact of total pay fef such
3 year which is attributable to the adjustment taking
4 effect under this section ("wing such year; ftfifl
5 (8) the term ."statutory pay system" has the
6 meaning given such term by section E404.(e) of title k
7 United States Code.
8 SRe, 133. (ft) Notwithstanding any other prevision of
9 this Act Of any other law; Fie adjustment in fates of pay
10 under section 5405 of title 67 United States Code, which he-
ll comes effective en Of after October 47 1987, and before Clete
-
12 toff 47 1988, shall have the effect of increasing the fate of
13 salary Of basic pay fof any office Of position in the legislative;
14 executive, Of judicial branch Of in the government of the Di3
15 tfiet of Columbia to a fate exceeding the fate (or maximum
16 rate, if higher) of salary Of basic pay payable fef that office Of
17 position its of September 30, 1987, if7 as of that date, such
18 fate (or maximum fate) is-
19 (44 fixed at et fate which is equal to OF greater
20 than the fate of basic pay fef level of the Executive
21 Schedule under section 684-6 of title 67 United States
22 Code, Of
23 to ft maximum fate which is equal to
24 Of greater than the fate of basic pay fof such level
25 (of to ft percentage of such a maximum fate) by reason
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1 of section 4808 of title 67 United States gefle7 Of Orly
2 other pm-vision of law Of congressional resolution.
3 (13) For purposes of subsection (a--)7 the fate Of maximum
4 fate (as the ease may be of salary Of basic pay payable fte of
5 September 807 1987, for any office Of position which was flat
6 in existence en such date shall be deemed to be the fate Of
7 maximum fate (as the ease flifty be of salary Of basic pay
8 payable to individuals in comparable offices Of positions en
9 such date, as determined under regulations prescribed
10 444 by the President, in the ease of any office Of
11 position within the executive branch Of in the govern
12 melt of the District of Columbia;
13 (2) jointly by the Speaker of the House of R-epfe-
14 sentatives and the President po tempore of the
15 Senate, in the ease of any office Of position within the
16 legislative branch, Of
17 (8) by the Chief Justice of the United States, in
18 the ease of any office Of position within the judicial
19 bfaneli7
20 8.148, 134. Nene of the funds in this Of fifty other Act
21 shall be used to promulgate Of otherwise implement the
22 notice of proposed rulemaking Oft foreign repair stations 444
23 CFR Parts 135 and 145) that was published by the Depart
24 merit of Transportation fbrkfl the Federal Aviation Adiftioiratfft-
25 tiff} in the Federal Register en November 247 1987.
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1 S-Bel- 136. Frx-LP.EmsfeN 44F ATTAINMENT DEAD
2 LINES. (a) NeN-A-EFF-ApimENT ARE-AO /40ii 4gEONE OE
3 CARBON MeNe-x-IBE,?Ne restriction Of prohibition under
4 section 44-0(a).(2).(4), section 4-7.6.(a) Of 03)7 Of section 846 of
5 the glean Air Act shall be enforced in fifty State before
6 August 847 1988, by reason of the failure of fifty State to
7 attain the national primary ambient air quality standard
8 under the Glean Aif Aet for photeehemieal oxidant* (ozone)
9 Of carbon monoxide (Of both) by December 847 1987, the
10 failure of any State to adept and submit to the Administrator
11 an implementation plan which meets the requirements, of part
12 1) of title I of that Aet and provides for attainment of such
13 standards by December 847 1987, the failure of any State to
14 implement such e 136117 Of ftliy combination of the foregoing,
15 If ftliy such restriction Of prohibition took effect in any State
16 before the enactment of thie Act by reason of fttly such fail-
17 tiro,- the enforcement of that restriction Of prohibition shall be
18 suspended until August 847 1988. Prier to August 847 1988,-
19 the Administrator shall apply the provisions of section 173(1)
20 and (-4} of that Act without regard to the December 847 1987
21 attainment date,
22 ch) FAx-AE+T--A-TioNs A-ND DEEIGN-A-TIONS-:?Pfief to
23 August 847 4948, the Administrator shall evaluate air quality
24 data and make determinations with respect to the degree to
25 which areas throughout the nation have attained, Of failed to
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1 attain, either Of both of the standards referred to in subsee-
2 tier} (ft) ftlifl shall designate these areas failing to attain either
3 Of both of such standards ftff tamattatimeeet areas within the
4 meaning of pftft ef title of the Clem A4 Act.
5 843-e7 136. (e) Seetierk 315 of the Communieations Act of
6 1931 (47 U.S.C. 84-5) is amended
7 (4) by fedesignittag subsections (a) through (4) as
8 subsections (3-) through (e)-; respectively; aml
9 (2) 13-y insetting before subsection (3) the following
10 Flew subsection:
11 (a)(4) The Congress finds that
12 "(A) despite technological advances, the cicctro
13 magnetic spectrum remains o scarce {Hifi valuable
14 public
15 4:13) there are still substantially flier+ persons
16 who want to broadcast than there ore frequencies to
17 allocate;
18 "(C) o broadcast license confers, the right to use
19 valuable public resource and o broadcaster is therefore
20 required to utilize that resource os o trustee for the
21 American people;
22 "(D) there is ft substantial and emigrating gevete-
23 mental interest in conditioning the award Of renewal of
24 ft broadcast license on the requirement that the limn
25 ee ftffsizife that widest possible dissemination of infer-ma-
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1 tion from diverse and antagonistic Dourcca by present
-
2 Mg ft reasonable opportunity for the diseussion, of eon-
3 flieting views on issues of public importance;
4 "(E) while flew video and audio crvice have
5 been proposed and introduced, many have net sueeeed-
6 ed and even those that are operating reach ft far small
-
7 er audience than broadcast stations;
8 "(F) even when and where new video MCI audio
9 service are available; they de not provide meaningful
10 alternatives to broadcast stations for the dissemination
11 of news mid public. affairs;
12 "(G) for more than thirty years, the Fairness
13 Doctrine mid irt corrollario, as developed by the Fed
14 oral Communications Commission 011 the basis of the
15 provisions of this Act, have enhanced free speech by
16 seeming the paramount fight of the broadcast rtudieffee
17 to robust debate en issues of public importance; ?44
18 -414) the Fairness Doctrine (4) fairly reflects the
19 statutory obligation of broadcasters under this Act to
20 operate in the public interest, 4i) was given statutory
21 approval by the Congress in making certain amend
22 merits to this ftet in 1959, and (iii) strikes a reasonable
23 balance among the First Amendment fights of the
24 public, broadcast licensees, fffkfl speakers ether than
25 owners of broadcast
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1 "(2) A broadcast Halm? shall afford reasonable Oft0f-
2 tunity for the dismission 4 conflicting views en issues of
3 public importance.
4 "(3) The enforcement and application of the requirement
5 imposed by this subsection shall be consistent with the rules
6 and policies of the Commission in effect en January 4-
7 1987.".
8 (b) This section awl the amendment to the genummiett-
9 tions Aet 4 443-4 added by this Qcction
10 (4-) shall take effect upon the date of enactment of
11 this Act;
12 (2) shall apply to all eases within the jurisdiction
13 of the Federal Communications Commission en Of after
14 such date; *Rd
15 (3) shall supereede the holding and findings of the
16 Commission in its memorandum opinion and order of
17 August 67 1987, In re Complaint of Syracuse Peace
18 Council Against Television Station WTVH, Syracuse,
19 New York, (F.C.C. 87-266)
20 SEC. 137. HAITI. (a) Su-sPENsfeN OP AD 21 During A-NeB,---D+Hing fiscal year 4-9887 none of the funds made
22 available by this joint resolution OF by any ether Aet Of joint
23 resolution may he obligated OF expended to provide assist
24 ftriee for Haiti (ether than the assistance described in subsee-
25 tier} (13)) unless the democratic process set forth in the Haitian
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1 Constitution approved by the Haitian people on March 2.9;
2 1987, especially those previsions relating to the Previsional
3 Electoral Council, is being fully itfid faithfully adhered fi,e by
4 the government of Haiti;
5 44 Ex-eEPTieNs;--Subseetien fa) does net -apply with
6 respect to humanitarian assistance provided through private
7 and voluntary organizations or nongovernmental organiha-
8 tions Of to assistance pro-aided in order te enable the eentintl-
9 ation of migrant and narcotics interdiction operations;
10 fe) OTH-Eit SANCTIONS. It is. the sense of the Con
11 gross that; in order to further encourage the Government of
12 Haiti to adhere le the constitutionally mandated transition to
13 democracy, the President should
14 (4) suspend Haiti's eligibility for benefits under
15 the Caribbean Basin Freenemie Recovery Act; ftfid
16 (2) seek international cooperation to encourage
17 such adherence by the government of Haiti; through
18 the imposition of an international ft-FIR& embargo and
19 comprehensive trade and financial sanctions.
20 SEC. 138. (a) Nene of the funds appropriated for fiscal
21 year 4-988 by this Joint Resolution or any ether law may be
22 obligated Of expended to enter into, renew; extend, amend; Of
23 otherwise modify fifty contract for the construction, alter
24 atioti; Of repair of any ptthlie building Of public work in the
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1 United States with any contractor, subcontractor, o supplier
2 if such contractor, subcontractor, Of supplier
3 (44 is ft citizen Of national of Japan;
4 (2) is a corporation, partnership, Of other entity
5 organized Of existing under the laws of Japan, oiy
6 subdivision thereof, Of ftliy instrumentality of Japan Of
7 such a subdivision; Of
8 (84 is owned Of controlled, directly Of indirectly
9 (A-) by ft citizen OF national of Japan;
10 (134 by ft corporation, partnership, Of other
11 entity organized Of existing under the laws of
12 Japan, any subdivision thereof; Of ftily instrumerk-
13 tality of Japan Of such a subdivision; Of
14 (C4 by any combination of two er more of the
15 persons Of entities, Of both, described in subpar-ft-
16 graphs (A) and 04) of this paragraph,
17 (b) The President Of the head of a Federal agency may
18 waive the restrictions of subsection (a) of this section with
19 respect to an individual eentraet, if the President Of the head
20 of sm.:3h agency determines that such action is necessary in
21 the public interest. The authority of the President Of the head
22 of ft Federal agency under this subsection may net be dole
23 gated,
24 (e) As used in this section, the terms econtruetion11,
gal-
25 teratier "repair", "public building", and ."public werk22-
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1 have the same meanings such terms have under the Act of
2 Mar-eh 87 1988 444 U.S.C. et seq.), commonly referred te
3 rts the guy American Act.
4 Siie, 4497 Fr-0111 funds appropriated under this Act, rt
5 State's allotment for the program year beginning July 4-
6 19887 under section 801 44 for the Job Training Partnership
7 Act(Public Law 47-8.00) shall he reduced by ftft amount
8 equal to the enexpended balance of such State's allotment tte
9 of June 8.07 19887 in excess of the allowable unexpended
10 carry forward. The term "allowable unexpended carry for-
11 WELT-? shall be defined as 244 per centum of the State's allot
12 melt under section 801(b) of the Job Training Partnership
13 Aet for the program year beginning July 47 1987. Funds net
14 alleted to States that exceeded the allowable unexpended
15 carry forward amount shall be allotted by the Secretary in
16 accordance with section 804414 among States giving primary
17 consideration to States which have net exceeded the allow
18 able unexpended carry forward amount as of Julie 807 19887
19 mid have an average tmempleyement rate far the most recent
20 twelve menthe greater than the national average for such
21 period, Im no ease shall such funds be realletted to ftfly State
22 which had as unexpended balance as of June 80719887 in
23 excess of 86 per centum of its allotment wider see/gen 801(b)
24 for the prOgr-ttill year beginning ea July 47 1987.
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1 SEC. 108. Two PERCENT PAY INCREASE FOR FED-
2 ERAL EMPLOYEES AND MILITARY PERSONNEL.?(a) Not-
3 withstanding any other provision of law, in the case of fiscal
4 year 1988, the overall percentage of the adjustment under
5 section 5305 of title 5, United States Code, in the rates of
6 pay under the General Schedule, and in the rates of pay
7 under the other statutory pay systems, shall be an increase of
8 2 percent.
9 (1) EFFECTIVE DATE.?Each increase in a pay rate
10 or schedule which takes effect pursuant to subsection (a)
11 shall, to the maximum extent practicable, be of the same per-
12 centage, and shall take effect as of the first day of the first
13 applicable pay period beginning on or after January 1, 1988.
14 (2) DEFINITIONS.?For purposes of this section-
15 (i) the term "total pay" means, with respect to a
16 fiscal year, the total amount of basic pay which will be
17 payable to employees covered by statutory pay systems
18 for service performed during such year;
19 (ii) the term "increase in total pay" means, with
20 respect to a fiscal year, that part of total pay for such
21 year which is attributable to the adjustment taking
22 effect under this section during such year; and
23 (iii) the term "statutory pay system" has the
24 meaning given such term by section 5301(c) of title 5,
25 United States Code.
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1 (b) Notwithstanding any other provision of law, in the
2 case of fiscal year 1988, any increase in the rates of basic
3 pay, basic allowance for subsistence and basic allowance for
4 quarters for members of the uniformed services, including
5 cadets and midshipmen, shall be limited to 2 percent effective
6 January 1, 1988.
7 SEC. 109. Notwithstanding any other provision of this
8 Act or any other law, no adjustment in rates of pay under
9 section 5305 of title 5, United States Code, which becomes
10 effective on or after October 1, 1987, and before October 1,
11 1988, shall have the effect of increasing the rate of salary or
12 basic pay for any office or position in the legislative, execu-
13 tive, or judicial branch or in the government of the District of
14 Columbia to a rate exceding the rate (or maximum rate, if
15 higher) of salary or basic pay payable for the office or posi-
16 tion as of September 30, 1987, if, as of that date, such rate
17 (or maximum rate) is ?
18 (1) fixed at a rate which is equal to or greater
19 than the rate of basic pay for level V of the Executive
20 Schedule under. section 5316 of title 5, United States
21 Code, or
22 (2) limited to a maximum rate which is equal to
23 or greater than the rate of basic pay for such level V
24 (or to a percentage of such a maximum rate) by reason
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1 of section 5308 of title 5, United States Code, or any
2 other provision of law or congressional resolution.
3 (b) For purposes of subsection (a), the rate or maximum
4 rate (as the case may be) of salary or basic pay payable as of
5 September 30, 1987, for any office or position which was not
6 in existence on such date shall be deemed to be the rate or
7 maximum rate (as the case may be) of salary or basic pay
8 payable to individuals in comparable offices or positions on
9 such date, as determined under regulations prescribed-
10 (1) by the President, in the case of any office or
11 position within the executive branch or in the govern-
12 ment of the District of Columbia;
13 (2) jointly by the Speaker of the House of Repre-
14 sentatives and the President pro tempore of the Senate,
15 in the case of any office or position within the legisla-
16 tive branch, or
17 (3) by the Chief Justice of the United States, in
18 the case of any office or position within the judicial
19 branch.
Passed the House of Representatives, December 3,
1987.
Attest: DONNALD K. ANDERSON,
Clerk.
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Calendar No. 465
100TH CONGRESS
II. J. RES. 395
1ST SESSION
[Report No. 100-238]
JOINT RESOLUTION
Making continuing appropriations for the fiscal year
1988, and for other purposes.
DECEMBER 8, 1987
Received; read twice and referred to the Committee on
Appropriations
DECEMBER 8, 1987
Reported with amendments
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