CONFERENCE REPORT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001400160005-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 27, 2016
• Document Release Date: April 25, 2013
• Sequence Number: 5
• Publication Date: December 1, 1988
• Content Type: MEMO

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100TH CONGRESS REPORT
2d Session } HOUSE OF REPRESENTATIVES { 100-979
MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF COMMERCE. JUS-
TICE, AND STATE, THE JUDICIARY AND RELATED AGENCIES FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1989, AND FOR OTHER PURPOSES
Mr. SMITH of Iowa, from the committee of conference.
submitted the following
CONFERENCE REPORT
[To accompany H.R. 47821
The Committee of Conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 4782)
"making appropriations for the Departments of Commerce, Justice,
and State, the Judiciary and related agencies for the fiscal year
ending September 30, 1989, and for other purposes," having met.
after full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the Senate recede from its amendments numbered 5. 14, 25,
26, 27, 28, 41, 70, 74, 79, 80, 81, 83, 84, 89, 90, 95, 98, 101, 103, 105.
106, 108, 115, 122, 130, 135, 161, 162, 169, 172, 173, 175, 178, 179.
180, 181, and 182.
That the House recede from its disagreement to the amendments
of the Senate numbered 67, 72, 75, 76, 82, 100, 114, 151, 159, 165.
and 166, and agree to the same.
Amendment numbered 3:
That the House recede from its disagreement to the amendment
of the Senate numbered 3, and agree to the same with an amend-
ment, as follows:
In lieu of the sum proposed, by said amendment insert
$96;03,5,000; and the Senate agree to the same.
Amendment numbered 6:
That the House recede from. its disagreement to the amendment
of the Senate numbered 6, and- agree to the.same with an amend-
ment, as follows:
In lieu of the sum proposed by said amendment insert
$32,899,000; and the Senate agree to the same.
Amendment numbered 40:
That the House recede from its disagreement to the amendment
of the Senate numbered 40, and agree to the same with an amend-
ment, as follows:
89-116
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SEC. 303. (ai Section 303 of the Department of State Appropria-
tions Act, 1988 (as contained in section 101(a) of Public Lau' 100-
202), is amended in the first sentence-
(1 ' b~, striking out "$290.000" and inserting in lieu thereof
"$340,000";
(2) by striking out "and': and
(3) by inserting after "Public Lau- 86-420" the following:
" and section 109(c) of the Department of State Authorization
A,ct, Fiscal Years 1984 and 1985. ".
(b) Section 109(c) of the Department of State Authorization Act,
Fiscal Years 1984 and 19S5. is amended-
(1) by striking out "Of the amounts" and inserting in lieu
thereof "There are";
(2) by striking out "for 'International Organizations and Con-
ferences' ": and
(3) by striking out "mayy be used".
(c) The amendments made by this section shall take effect on Oc-
tober 1. 198b.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
The House bill contained no provision on this matter.
Amendment No. 88: Reported in technical disagreement. The
managers on the part of the House will offer a motion to recede
and concur in the Senate 'amendment with an amendment as fol-
lows:
In lieu of the matter proposed by said amendment, insert the fol-
lowing:
SEC. 304. (a) Section 8 of the United Nations Participation Act of
'1945 is amended as follows:
(1) bi adding the words "serving abroad" after the words "in
section 2 of this Act";
(2) by adding the word "abroad" after the words "such living
quarters"; and
(3) by deleting the last sentence of that section.
(b! Section 9 of the United Nations Participation Act of 1945 is
amended as follows:
(1) by deleting all but subsection (2);
(2) by renumbering subsection (2) as (3) and deleting the word
"President" therein and inserting the word "Secretary" in lieu
thereof and
(3) by inserting the following:
"SEC. P. The Secretary of State may, under such regulations as he
shall prescribe. and notwithstanding `section 3648 of the Revised
Statutes (31 U.S.C. 3324) and section 5036 of title 5, United States
Code-
"(I) make available to the Representative of the United States
to the United Nations crud the Deputy Permanent Representa-
tive of the United States to the United Nations living quarters
leased or rented by the United States (for periods not exceeding
ten years) and allowances for unusual expenses incident to the
operation and maintenance of such living quarters similar to
those and to be considered for all purposes as authorized by sec-
tion 22 of the Administrative Expenses Act of 1946, as amended
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t of State Appropria-
of Public Lau, 100-
erting in lieu thereof
' -42,0" the following:
,f State Authorization
to Authorization Act,
and inserting in. lieu
ganizations and Con-
:all take effect on Oc-
.11 move to concur in
-.t of the Senate.
.s matter.
.1 disagreement. The
r a motion to recede
.n amendment as fol-
.dment, insert the fo--
Participation Act of
after the words "in
ie words "such living
'ction.
-)ation Act of 1945 is
ich regulations as he
.2648 of the Revised
title 5, United States
of the United States
'rmanent Representa-
tions living quarters
periods not exceeding
,eases incident to the
quarters similar to
as authorized bvsec-
of 1946, as amended
by section 311 of the Overseas Differentials and Allowances
Act. "
"(2) make available in New York to no more than 18 foreign
service employees of the staff of the United States Mission to
the United Nations. other representatives, and no more than
two employees who serve at the pleasure of the Representative,
living quarters leased or rented by the United States (for peri-
ods not exceeding ten years). The number of employees to which
such quarters will be made available shall be determined by the
Secretary and shall reflect a significant reduction over the
number of persons eligible for housing benefits as of the date of
enactment of this provision. No employee may occupy a unit
under this provision if. the unit is owned by the employee. The
.Secretary shall require that each employee occupying housing
under this subsection contribute to the Department of State a
percentage of his or her base salary, in an amount to be deter-
mined by the Secretary of State, toward the cost of such hous-
ing. The Secretary may reduce such payments to the extent of
income taxes paid on the value of the leased of rented quarters.
Any payments made by employees to the Department of State
for occupancy by them of living quarters leased or rented under
this section shall be credited to the appropriation. fund, or ac-
count utilized by the Secretary of State for such lease or rental
or to the appropriation. fund, or account currently available for
such purpose. "
"(4t The Inspector General shall review the program estab-
lished by this section no later than December 1989 and periodi-
cally, thereafter with a view to increasing cost savings and
making other appropriate recommendations. "
(c) Transition provisions
(1) provisions set forth in this section shall be effective July 1,
1989.
(2) In the event that taxes paid by an employee on the benefit
provided under subsection (2) of section 9 exceed the contribu-
tion amount computed as a percentage of base salary under that
subsection, the Department of State may reimburse the employee
up to the amount of such differential for the period from the
date of enactment of this Act through Jule 1, 1989.
The managers on the part of the Senate will move to concur in
the amendment of the House to the amendment of the Senate.
The Senate amendment would have prohibited the State Depart-
ment from funding housing benefits to certain employees of the
U.S. mission to the United Nations and would have required the
State Department by October 9 to submit to the appropriate Con-
gressional Committees, a proposal to meet the housing needs of
personnel in the U.S. mission to the UN. The House bill contained
no provision on this matter. The conference agreement inserts new
language to take effect in July 1989 which limits the housing pro-
gram to no more than 18 Foreign Service Officers plus two persons
who serve at the pleasure of the U.S. Representative to the UN.
The conference agreement also provides for the continuation of the
provision of housing to the Representative and the Deputy Repre-
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sentative. The conference agreement also provides for the Secre-
tary of State to require an employee occupying housing pursuant to
this provision to make a contribution from his or her salary toward
the cost of such housing. This contribution is expected to be about
20 percent of salary. Finally, the conference agreement permits the
Secretary of State to reduce the employee's contribution to the
extent of income taxes which are paid on the value of the leased or
rented quarters. The Internal Revenue Service has recently deter-
mined that income tax must be paid on the value of the leased or
rented quarters of the State Department employees participating
in its housing program at the U.S. mission to the UN.
Amendment No. 89: Deletes a general provision proposed by the
Senate concerning the United Nations Human Rights Commission
investigation of human rights conditions in Cuba. The House bill
contained no provision on this matter.
The conferees agree that the Secretary of State shall certify to
the appropriate committees of the Congress, within 60 days of the
issuance of a final report by the United Nations Human Rights
Commission on Cuban human rights conditions, whether the pres-
ence of Cuba on the Commission interfered with the independence
of the human rights investigation, the preparation of the resulting
report, or the consideration of this report under agenda item 12( h,
at the Commission's 45th session. If a certification of objectivity
cannot be made, the Secretary of State shall recommend appropri-
ate action.
The conferees are agreed that-
(1) the United Nations, the United Nations Human Rights
Commission, and the Chairman of the Commission are to be
commended for Decision 1988/106, as interpreted by the Chair-
man which establishes a working group on Cuba to, conduct an
on-site investigation on Cuban human rights conditions and
prepare a report for consideration under agenda item 12(h) at
the 45th session on the commission in 1989;
(2) the President, the Secretary of State, the Permanent Rep-
resentative of the United States to the United Nations, and the
Representative of the United States to the United Nations
Human Rights Commission are to be commended for their ef-
forts to place Cuba on the agenda of the Commission and are
strongly encouraged to continue to support and assist the Com-
mission in its implementation of Decision 1988/106-
(3) the following countries are to be commended for their
courageous support for an independent investigation of the
human rights situation in Cuba under the auspices of the
United Nations and consideration of Cuba under agenda item
12 at the 45th session of the Commission: Bangladesh, Belgium;
Costa Rica, France. the Gambia, Federal Republic of Germany,
Ireland, Japan, Mozambique, Norway, the Philippines, Sao
Tome and Principe, Portugal, Senegal, Somalia. Togo, the
United Kingdom. and Venezuela;
14 ~ the following countries, despite overwhelming evidence of
serious human rights abuses in Cuba, failed to support the ef-
forts of the United States to establish an independent working
group on Cuba and to provide for consideration of the report of
this group under agenda item 12, a nonconfidential procedure
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PUBLIC LAW 100-453-SEPT. 29, 1988
INTELLIGENCE AUTHORIZATION ACT,
FISCAL YEAR 1989
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PUBLIC LAW 100-453-SEPT. 29, 1988 102 STAT. 1911
report shall include the position of the Inspector General with
respect to such decision, and be transmitted within seven days to the
committees.".
TITLE VI-FBI ENHANCED COUNTERINTELLIGENCE
AUTHORITIES
DEMONSTRATION PROJECT ON MOBILITY AND RETENTION FOR THE NEW
YORK FIELD DIVISION
SEC. 601. (a) Notwithstanding any other provision of law, the
Director of the Federal Bureau of Investigation and the Director of
the Office of Personnel Management shall conduct a demonstration
project to ascertain the effects on the recruitment and retention of
personnel, and on field operations in the New York Field Division of
the Federal Bureau of Investigation of providing-
(1) lump-sum payments to personnel upon directed assign- Contracts.
ment to the New York Field Division from another geographical
location who enter into an agreement to complete a specified
minimum period of service, not to exceed three years, in the
New York Field Division, except that no lump-sum payment
under this paragraph may exceed $20,000, and no employee
shall be eiigible to receive more than one lump-sum payment
under this paragraph in connection with each such assignment;
and
(2) periodic payments to New York Field Division employees
who are subject by policy and practice to directed geographical
transfer or reassignment, except that the amounts paid under
this paragraph to an employee for any period may not be less
than 20 per centum nor greater than 25 per centum of the basic
pay paid or. payable to such employee for service performed
during such period.
Any lump-sum payment under paragraph (1) and any periodic pay-
ment under paragraph (2) shall be in addition to basic pay. Any
authority to make payments under this section shall be effective
only to the extent of available appropriations.
(b) Such demonstration project shall commence not later than Effective date.
ninety days after the date of enactment of this Act and shall Termination
terminate five years after such date, unless extended by law. date.
(c) The Director of the Federal Bureau of Investigation and the Reports.
Director of the Office of Personnel Management shall jointly pro-
vide to the President and the Congress annual interim reports and,
at the conclusion of the five year period, a final evaluation concern-
ing the results of the demonstration project.
TITLE VII-DEPARTMENT OF DEFENSE
INTELLIGENCE PROVISIONS
SEC. 701. (a) Section 421 of title 10, United States Code, is amended
to read as follows:
"? 421. Funds for foreign cryptologic support
"(a) The Secretary of Defense may use appropriated funds avail-
able to the Department of Defense for intelligence and communica-
tions purposes to pay for the expenses of arrangements with foreign
countries for cryptologic support.
Communications
and tele-
communications.
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