PUBLIC LAW 104–52—NOV. 19, 1995

TREASURY, POSTAL SERVICE, AND GENERAL

GOVERNMENT APPROPRIATIONS ACT, 1996
109 STAT. 468 PUBLIC LAW 104–52—NOV. 19, 1995

Public Law 104–52

104th Congress

An Act

Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies,

for the fiscal year ending September 30, 1996, 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 Treasury Department, the

United States Postal Service, the Executive Office of the President,

and certain Independent Agencies, for the fiscal year ending

September 30, 1996, and for other purposes, namely:

TITLE I—DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including

operation and maintenance of the Treasury Building and Annex;

hire of passenger motor vehicles; maintenance, repairs, and

improvements of, and purchase of commercial insurance policies

for, real properties leased or owned overseas, when necessary for

the performance of official business; not to exceed $2,900,000 for

official travel expenses; not to exceed $2,950,000 to remain available

until expended for information technology modernization requirements; not to exceed $150,000 for official reception and representation expenses; not to exceed $258,000 for unforeseen emergencies

of a confidential nature, to be allocated and expended under the

direction of the Secretary of the Treasury and to be accounted

for solely on his certificate; $105,929,000, of which up to $500,000

shall be available to reimburse the District of Columbia Metropolitan Police Department for personnel costs incurred by the Metropolitan Police Department between May 19, 1995 and September 30,

1995 as a result of the closing to vehicular traffic of Pennsylvania

Avenue Northwest and other streets in the vicinity of the White

House: Provided, That section 640 of title VI of the Treasury,

Postal Service and General Government Appropriations Act, 1995

(Public Law 103–329, 108 Stat. 2432), is amended by adding at

the end thereof the following new sentence: ‘‘This section shall

not apply to any claim where the employee has received any compensation for overtime hours worked during the period covered

by the claim under any other provision of law, including, but not

limited to, 5 U.S.C. 5545(c), or to any claim for compensation

Treasury

Department

Appropriations

Act, 1996.

Treasury, Postal

Service, and

General

Government

Appropriations

Act, 1996.

Nov. 19, 1995

[H.R. 2020]
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 469

for time spent commuting between the employee’s residence and

duty station.’’.

TREASURY BUILDINGS AND ANNEX REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Treasury

Building and Annex, and the Secret Service Headquarters Building,

$21,491,000, to remain available until expended.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in

carrying out the provisions of the Inspector General Act of 1978,

as amended, hire of passenger motor vehicles; not to exceed

$2,000,000 for official travel expenses; not to exceed $100,000 for

unforeseen emergencies of a confidential nature, to be allocated

and expended under the direction of the Inspector General of the

Treasury; $29,319,000.

TREASURY FORFEITURE FUND

For necessary expenses of the Treasury Forfeiture Fund, as

authorized by Public Law 102–393, not to exceed $10,000,000, to

be derived from deposits in the Fund.

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement

Network, including hire of passenger motor vehicles; travel expenses

of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and

financial regulation; not to exceed $14,000 for official reception

and representation expenses; $22,198,000: Provided, That notwithstanding any other provision of law, the Director of the Financial

Crimes Enforcement Network may procure up to $500,000 in

specialized, unique or novel automatic data processing equipment,

ancillary equipment, software, services, and related resources from

commercial vendors without regard to otherwise applicable procurement laws and regulations and without full and open competition,

utilizing procedures best suited under the circumstances of the

procurement to efficiently fulfill the agency’s requirements: Provided further, That funds appropriated in this account may be

used to procure personal services contracts.

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement Training Center, as a bureau of the Department of the Treasury, including materials and support costs of Federal law enforcement basic

training; purchase (not to exceed fifty-two for police-type use) and

hire of passenger motor vehicles; for expenses for student athletic

and related activities; uniforms without regard to the general purchase price limitation for the current fiscal year; the conducting
109 STAT. 470 PUBLIC LAW 104–52—NOV. 19, 1995

of and participating in firearms matches and presentation of

awards; for public awareness and enhancing community support

of law enforcement training; not to exceed $7,000 for official reception and representation expenses; room and board for student

interns; and services as authorized by 5 U.S.C. 3109: Provided,

That the Center is authorized to accept and use gifts of property,

both real and personal, and to accept services, for authorized purposes, including funding of a gift of intrinsic value which shall

be awarded annually by the Director of the Center to the outstanding student who graduated from a basic training program at the

Center during the previous fiscal year, which shall be funded only

by gifts received through the Center’s gift authority: Provided further, That notwithstanding any other provision of law, students

attending training at any Federal Law Enforcement Training Center site shall reside in on-Center or Center-provided housing, insofar

as available and in accordance with Center policy: Provided further,

That funds appropriated in this account shall be available for

training United States Postal Service law enforcement personnel

and Postal police officers, at the discretion of the Director; State

and local government law enforcement training on a space-available

basis; training of foreign law enforcement officials on a spaceavailable basis with reimbursement of actual costs to this appropriation; training of private sector security officials on a space-available

basis with reimbursement of actual costs to this appropriation;

travel expenses of non-Federal personnel to attend State and local

course development meetings at the Center: Provided further, That

the Center is authorized to obligate funds in anticipation of

reimbursements from agencies receiving training at the Federal

Law Enforcement Training Center, except that total obligations

at the end of the fiscal year shall not exceed total budgetary

resources available at the end of the fiscal year: Provided further,

That the Federal Law Enforcement Training Center is authorized

to provide short term medical services for students undergoing

training at the Center; $36,070,000, of which $8,666,000 for materials and support costs of Federal law enforcement basic training

shall remain available until September 30, 1998.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For expansion of the Federal Law Enforcement Training Center,

for acquisition of necessary additional real property and facilities,

and for ongoing maintenance, facility improvements, and related

expenses, $9,663,000, to remain available until expended.

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service,

$184,300,000, of which not to exceed $14,277,000 shall remain

available until expended for systems modernization initiatives. In

addition, $90,000, to be derived from the Oil Spill Liability Trust

Fund, to reimburse the Service for administrative and personnel

expenses for financial management of the Fund, as authorized

by section 1012 of Public Law 101–380.

Gifts and

property.

42 USC 3771

note.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 471

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco and

Firearms, including purchase of not to exceed six hundred and

fifty vehicles for police-type use for replacement only and hire

of passenger motor vehicles; hire of aircraft; and services of expert

witnesses at such rates as may be determined by the Director;

for payment of per diem and/or subsistence allowances to employees

where an assignment to the National Response Team during the

investigation of a bombing or arson incident requires an employee

to work 16 hours or more per day or to remain overnight at

his or her post of duty; not to exceed $10,000 for official reception

and representation expenses; for training of State and local law

enforcement agencies with or without reimbursement; provision

of laboratory assistance to State and local agencies, with or without

reimbursement; $377,971,000, of which not to exceed $1,000,000

shall be available for the payment of attorneys’ fees as provided

by 18 U.S.C. 924(d)(2); and of which $1,000,000 shall be available

for the equipping of any vessel, vehicle, equipment, or aircraft

available for official use by a State or local law enforcement agency

if the conveyance will be used in drug-related joint law enforcement

operations with the Bureau of Alcohol, Tobacco and Firearms and

for the payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement

officers that are incurred in joint operations with the Bureau of

Alcohol, Tobacco and Firearms: Provided, That no funds made available by this or any other Act may be used to implement any

reorganization of the Bureau of Alcohol, Tobacco and Firearms

or transfer of the Bureau’s functions, missions, or activities to

other agencies or Departments in the fiscal year ending on September 30, 1996: Provided further, That no funds appropriated herein

shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of

the Treasury, the records, or any portion thereof, of acquisition

and disposition of firearms maintained by Federal firearms licensees: Provided further, That no funds appropriated herein shall

be used to pay administrative expenses or the compensation of

any officer or employee of the United States to implement an

amendment or amendments to 27 CFR 178.118 or to change the

definition of ‘‘Curios or relics’’ in 27 CFR 178.11 or remove any

item from ATF Publication 5300.11 as it existed on January 1,

1994: Provided further, That none of the funds appropriated herein

shall be available to investigate or act upon applications for relief

from Federal firearms disabilities under 18 U.S.C. 925(c): Provided

further, That such funds shall be available to investigate and act

upon applications filed by corporations for relief from Federal firearms disabilities under 18 U.S.C. section 925(c).

UNITED STATES CUSTOMS SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Customs Service,

including purchase of up to 1,000 motor vehicles of which 960

are for replacement only, including 990 for police-type use and

commercial operations; hire of motor vehicles; not to exceed $20,000
109 STAT. 472 PUBLIC LAW 104–52—NOV. 19, 1995

for official reception and representation expenses; and awards of

compensation to informers, as authorized by any Act enforced by

the United States Customs Service; $1,387,153,000, of which such

sums as become available in the Customs User Fee Account, except

sums subject to section 13031(f)(3) of the Consolidated Omnibus

Reconciliation Act of 1985, as amended (19 U.S.C. 58c(f)(3)), shall

be derived from that Account; of that total, not to exceed $150,000

shall be available for payment for rental space in connection with

preclearance operations, and not to exceed $4,000,000 shall be

available until expended for research: Provided, That uniforms may

be purchased without regard to the general purchase price limitation for the current fiscal year: Provided further, That the Commissioner of the Customs Service designate a single individual to

be port director of all United States Government activities at two

ports of entry, one on the southern border and one on the northern

border: Provided further, That $750,000 shall be available for additional part-time and temporary positions in the Honolulu Customs

District.

HARBOR MAINTENANCE FEE COLLECTION

For administrative expenses related to the collection of the

Harbor Maintenance Fee, pursuant to Public Law 103–182,

$3,000,000, to be derived from the Harbor Maintenance Trust Fund

and to be transferred to and merged with the Customs ‘‘Salaries

and Expenses’’ account for such purposes.

OPERATION AND MAINTENANCE, AIR AND MARINE INTERDICTION

PROGRAMS

For expenses, not otherwise provided for, necessary for the

operation and maintenance of marine vessels, aircraft, and other

related equipment of the Air and Marine Programs, including operational training and mission-related travel, and rental payments

for facilities occupied by the air or marine interdiction or demand

reduction programs, the operations of which include: the interdiction

of narcotics and other goods; the provision of support to Customs

and other Federal, State, and local agencies in the enforcement

or administration of laws enforced by the Customs Service; and,

at the discretion of the Commissioner of Customs, the provision

of assistance to Federal, State, and local agencies in other law

enforcement and emergency humanitarian efforts; $64,843,000

which shall remain available until expended; in addition,

$19,733,000 shall be transferred from the Customs Air and Marine

Interdiction Programs, Procurement Account to remain available

until expended: Provided, That no aircraft or other related equipment, with the exception of aircraft which is one of a kind and

has been identified as excess to Customs requirements, and aircraft

which has been damaged beyond repair, shall be transferred to

any other Federal agency, Department, or office outside of the

Department of the Treasury, during fiscal year 1996, without the

prior approval of the House and Senate Committees on Appropriations.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 473

CUSTOMS SERVICES AT SMALL AIRPORTS

(TO BE DERIVED FROM FEES COLLECTED)

Such sums as may be necessary, not to exceed $1,406,000,

for expenses for the provision of Customs services at certain small

airports or other facilities when authorized by law and designated

by the Secretary of the Treasury, including expenditures for the

salary and expenses of individuals employed to provide such services, to be derived from fees collected by the Secretary of the

Treasury pursuant to section 236 of Public Law 98–573 for each

of these airports or other facilities when authorized by law and

designated by the Secretary of the Treasury, and to remain available

until expended.

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues

of the United States; $180,065,000: Provided, That the sum appropriated herein from the General Fund for fiscal year 1996 shall

be reduced by not more than $600,000 as definitive security issue

fees are collected and not more than $9,465,000 as Treasury Direct

Investor Account Maintenance fees are collected, so as to result

in a final fiscal year 1996 appropriation from the General Fund

estimated at $170,000,000.

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

For necessary expenses of the Internal Revenue Service, not

otherwise provided for; including processing tax returns; revenue

accounting; providing assistance to taxpayers, management services, and inspection; including purchase (not to exceed 150 for

replacement only, for police-type use) and hire of passenger motor

vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C.

3109, at such rates as may be determined by the Commissioner:

$1,723,764,000, of which up to $3,700,000 shall be for the Tax

Counseling for the Elderly Program, and of which not to exceed

$25,000 shall be for official reception and representation expenses.

TAX LAW ENFORCEMENT

For necessary expenses of the Internal Revenue Service for

determining and establishing tax liabilities; tax and enforcement

litigation; technical rulings; examining employee plans and exempt

organizations; investigation and enforcement activities; securing

unfiled tax returns; collecting unpaid accounts; statistics of income

and compliance research; the purchase (for police-type use, not

to exceed 850), and hire of passenger motor vehicles (31 U.S.C.

1343(b)); and services as authorized by 5 U.S.C. 3109, at such

rates as may be determined by the Commissioner $4,097,294,000,

of which not to exceed $1,000,000 shall remain available until

September 30, 1998 for research: Provided, That $13,000,000 shall

be used to initiate a program to utilize private counsel law firms

and debt collection agencies in the collection activities of the
109 STAT. 474 PUBLIC LAW 104–52—NOV. 19, 1995

Internal Revenue Service in compliance with section 104 of this

Act.

INFORMATION SYSTEMS

For necessary expenses for data processing and telecommunications support for Internal Revenue Service activities, including:

tax systems modernization (modernized developmental systems),

modernized operational systems, services and compliance, and support systems; and for the hire of passenger motor vehicles (31

U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at

such rates as may be determined by the Commissioner;

$1,527,154,000, of which no less than $695,000,000 shall be available for tax systems modernization activities, of which up to

$185,000,000 for tax and information systems development projects

shall remain available until September 30, 1998: Provided, That

of the funds appropriated for tax systems modernization,

$100,000,000 may not be obligated until the Secretary of the Treasury provides a report to the Committees on Appropriations of the

House and the Senate that (1) with explicit decision criteria, identifies, evaluates, and prioritizes all systems investments planned

for fiscal year 1996, (2) provides a schedule for successfully mitigating deficiencies identified by the General Accounting Office in its

April 1995 report to the Committees, (3) presents a milestone

schedule for development and implementation of all projects

included in the tax systems modernization program, and (4) presents a plan to expand the utilization of external expertise for

systems development and total program integration.

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

SECTION 1. Not to exceed 2 per centum of any appropriation

made available to the Internal Revenue Service for the current

fiscal year by this Act may be transferred to any other Internal

Revenue Service appropriation upon the advance approval of the

House and Senate Committees on Appropriations: Provided, That

notwithstanding any other provision of this Act, the Internal Revenue Service is authorized to transfer such sums as may be necessary

between appropriations with advance approval of the House and

Senate Appropriations Committees.

SEC. 2. The Internal Revenue Service shall institute and maintain a training program to insure that Internal Revenue Service

employees are trained in taxpayers’ rights, in dealing courteously

with the taxpayers, and in cross-cultural relations.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service,

including purchase (not to exceed 665 vehicles for police-type use

for replacement only) and hire of passenger motor vehicles; hire

of aircraft; training and assistance requested by State and local

governments, which may be provided without reimbursement; services of expert witnesses at such rates as may be determined by

the Director; rental of buildings in the District of Columbia, and

fencing, lighting, guard booths, and other facilities on private or

other property not in Government ownership or control, as may

Employee

training.

26 USC 7803

note.

Taxes.

Reports.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 475

be necessary to perform protective functions; for payment of per

diem and/or subsistence allowances to employees where a protective

assignment during the actual day or days of the visit of a protectee

require an employee to work 16 hours per day or to remain overnight at his or her post of duty; the conducting of and participating

in firearms matches; presentation of awards; and for travel of

Secret Service employees on protective missions without regard

to the limitations on such expenditures in this or any other Act:

Provided, That approval is obtained in advance from the House

and Senate Committees on Appropriations; for repairs, alterations,

and minor construction at the James J. Rowley Secret Service

Training Center; for research and development; for making grants

to conduct behavioral research in support of protective research

and operations; not to exceed $12,500 for official reception and

representation expenses; not to exceed $50,000 to provide technical

assistance and equipment to foreign law enforcement organizations

in counterfeit investigations; for payment in advance for commercial

accommodations as may be necessary to perform protective functions; and for uniforms without regard to the general purchase

price limitation for the current fiscal year; $531,944,000.

VIOLENT CRIME REDUCTION PROGRAMS

For activities authorized by Public Law 103–322, to remain

available until expended, which shall be derived from the Violent

Crime Reduction Trust Fund, as follows:

(a) As authorized by section 190001(e), $69,314,000, of which

$25,690,000 shall be available to the United States Customs Service

for expenses associated with ‘‘Operation Hardline’’; of which

$21,010,000 shall be available to the Bureau of Alcohol, Tobacco

and Firearms, of which no less than $14,410,000 shall be available

to annualize the salaries and related costs for the fiscal year 1995

supplemental initiative, and of which no less than $3,500,000 shall

be available for administering the Gang Resistance Education and

Training program, and of which $3,100,000 shall be available for

ballistics technologies; of which $21,600,000 shall be available to

the United States Secret Service, of which no less than $1,600,000

shall be available for enhancing forensics technology to aid missing

and exploited children investigations; and of which $1,014,000 shall

be available to the Federal Law Enforcement Training Center;

and

(b) As authorized by section 32401, $7,200,000, for disbursement through grants, cooperative agreements or contracts, to local

governments for Gang Resistance Education and Training: Provided, That notwithstanding sections 32401 and 310001, such funds

shall be allocated only to the affected State and local law enforcement and prevention organizations participating in such projects.

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

SECTION 101. Any obligation or expenditure by the Secretary

in connection with law enforcement activities of a Federal agency

or a Department of the Treasury law enforcement organization

in accordance with 31 U.S.C. 9703(g)(4)(B) from unobligated balances remaining in the Fund on September 30, 1996, shall be

made in compliance with the reprogramming guidelines contained

in the House and Senate reports accompanying this Act.
109 STAT. 476 PUBLIC LAW 104–52—NOV. 19, 1995

SEC. 102. Appropriations to the Treasury Department in this Act shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and

cleaning; purchase of insurance for official motor vehicles operated

in foreign countries; purchase of motor vehicles without regard

to the general purchase price limitation for vehicles purchased

and used overseas for the current fiscal year; entering into contracts

with the Department of State for the furnishing of health and

medical services to employees and their dependents serving in

foreign countries; and services authorized by 5 U.S.C. 3109.

SEC. 104. None of the funds appropriated by this title shall be used in connection with the collection of any underpayment

of any tax imposed by the Internal Revenue Code of 1986 unless

the conduct of officers and employees of the Internal Revenue

Service in connection with such collection, including any private

sector employees under contract to the Internal Revenue Service,

complies with subsection (a) of section 805 (relating to communications in connection with debt collection), and section 806 (relating

to harassment or abuse), of the Fair Debt Collection Practices

Act (15 U.S.C. 1692).

SEC. 105. The Internal Revenue Service shall institute policies

and procedures which will safeguard the confidentiality of taxpayer

information.

SEC. 106. The funds provided to the Bureau of Alcohol, Tobacco

and Firearms for fiscal year 1996 in this Act for the enforcement

of the Federal Alcohol Administration Act shall be expended in

a manner so as not to diminish enforcement efforts with respect

to section 105 of the Federal Alcohol Administration Act.

SEC. 107. The Secretary of the Treasury is authorized in fiscal year 1996 and hereafter, to use Treasury Department aircraft,

with or without reimbursement, to assist bureaus within the

Department of the Treasury or other Federal agencies, Departments

or offices outside of the Department of the Treasury to provide

emergency law enforcement support to protect human life, property,

public health, or safety. This title may be cited as the ‘‘Treasury Department Appropriations Act, 1996’’.

TITLE II—POSTAL SERVICE

PAYMENTS TO THE POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone

on free and reduced rate mail, pursuant to subsections (c) and

(d) of section 2401 of title 39, United States Code; $85,080,000:

Provided, That mail for overseas voting and mail for the blind

shall continue to be free: Provided further, That six-day delivery

and rural delivery of mail shall continue at not less than the

1983 level: Provided further, That none of the funds made available

to the Postal Service by this Act shall be used to implement any

rule, regulation, or policy of charging any officer or employee of

any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an

address of a postal customer: Provided further, That none of the

funds provided in this Act shall be used to consolidate or close

39 USC 403 note.

Postal Service

Appropriations

Act, 1996.

31 USC 321 note.

Confidential

information.

26 USC 6103

note.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 477

small rural and other small post offices in the fiscal year ending

on September 30, 1996.

PAYMENT TO THE POSTAL SERVICE FUND FOR NONFUNDED LIABILITIES

For payment to the Postal Service Fund for meeting the liabilities of the former Post Office Department to the Employees’ Compensation Fund pursuant to 39 U.S.C. 2004, $36,828,000.

This title may be cited as the ‘‘Postal Service Appropriations

Act, 1996’’.

TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND

FUNDS APPROPRIATED TO THE PRESIDENT

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C.

102; $250,000: Provided, That none of the funds made available

for official expenses shall be expended for any other purpose and

any unused amount shall revert to the Treasury pursuant to section

1552 of title 31 of the United States Code: Provided further, That

none of the funds made available for official expenses shall be

considered as taxable to the President.

THE WHITE HOUSE OFFICE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized

by law, including not to exceed $3,850,000 for services as authorized

by 5 U.S.C. 3109 and 3 U.S.C. 105; including subsistence expenses

as authorized by 3 U.S.C. 105, which shall be expended and

accounted for as provided in that section; hire of passenger motor

vehicles, newspapers, periodicals, teletype news service, and travel

(not to exceed $100,000 to be expended and accounted for as provided by 3 U.S.C. 103); not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive

Office of the President; $39,459,000.

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing,

improvement, heating and lighting, including electric power and

fixtures, of the Executive Residence at the White House and official

entertainment expenses of the President; $7,827,000, to be expended

and accounted for as provided by 3 U.S.C. 105, 109–110, 112–

114.

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive

Residence at the White House, $2,200,000, to remain available

until expended for replacement of the White House roof, to be

expended and accounted for as provided by 3 U.S.C. 105, 109–

110, 112–114.

3 USC 102 note.

Executive Office

Appropriations

Act, 1996.
109 STAT. 478 PUBLIC LAW 104–52—NOV. 19, 1995

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

For the care, operation, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the official

residence of the Vice President, the hire of passenger motor vehicles,

and not to exceed $90,000 for official entertainment expenses of

the Vice President, to be accounted for solely on his certificate;

$324,000: Provided, That advances or repayments or transfers from this appropriation may be made to any department or agency for

expenses of carrying out such activities.

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned

functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C.

106, including subsistence expenses as authorized by 3 U.S.C. 106,

which shall be expended and accounted for as provided in that

section; and hire of passenger motor vehicles; $3,280,000.

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council in carrying out its func- tions under the Employment Act of 1946 (15 U.S.C. 1021),

$3,180,000.

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

For necessary expenses of the Office of Policy Development,

including services as authorized by 5 U.S.C. 3109, and 3 U.S.C.

107; $3,867,000.

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council, including services as authorized by 5 U.S.C. 3109; $6,648,000.

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration;

$25,736,000, including services as authorized by 5 U.S.C. 3109

and 3 U.S.C. 107, and hire of passenger motor vehicles.

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and

Budget, including hire of passenger motor vehicles, services as
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 479

authorized by 5 U.S.C. 3109; $55,573,000, of which not to exceed

$5,000,000 shall be available to carry out the provisions of 44

U.S.C. chapter 35: Provided, That, as provided in 31 U.S.C. 1301(a),

appropriations shall be applied only to the objects for which appropriations were made except as otherwise provided by law: Provided

further, That none of the funds appropriated in this Act for the

Office of Management and Budget may be used for the purpose

of reviewing any agricultural marketing orders or any activities

or regulations under the provisions of the Agricultural Marketing

Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further,

That none of the funds made available for the Office of Management

and Budget by this Act may be expended for the altering of the

transcript of actual testimony of witnesses, except for testimony

of officials of the Office of Management and Budget, before the

Committee on Appropriations or the Committee on Veterans’ Affairs

or their subcommittees: Provided further, That this proviso shall

not apply to printed hearings released by the Committee on Appropriations or the Committee on Veterans’ Affairs.

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control

Policy; for research activities pursuant to title I of Public Law

100–690; not to exceed $8,000 for official reception and representation expenses; for participation in joint projects or in the provision

of services on matters of mutual interest with nonprofit, research,

or public organizations or agencies, with or without reimbursement;

$23,500,000, of which $16,000,000, to remain available until

expended, shall be available to the Counter-Drug Technology

Assessment Center for counternarcotics research and development

projects and shall be available for transfer to other Federal departments or agencies; and of the funds made available to the CounterDrug Technology Assessment Center, $600,000 shall be transferred

to the Drug Enforcement Administration for the El Paso Intelligence

Center: Provided, That the Office is authorized to accept, hold,

administer, and utilize gifts, both real and personal, for the purpose

of aiding or facilitating the work of the Office.

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet

unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the

current fiscal year; $1,000,000.

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control

Policy’s High Intensity Drug Trafficking Areas Program,

$103,000,000 for drug control activities consistent with the approved

strategy for each of the designated High Intensity Drug Trafficking

Gifts and

property.
109 STAT. 480 PUBLIC LAW 104–52—NOV. 19, 1995

Areas, of which no less than $55,000,000 shall be transferred to

State and local entities for drug control activities; and of which

up to $48,000,000 may be transferred to Federal agencies and

departments at a rate to be determined by the Director: Provided,

That the funds made available under this head shall be obligated

within 90 days of the date of enactment of this Act.

This title may be cited as the ‘‘Executive Office Appropriations

Act, 1996’’.

TITLE IV—INDEPENDENT AGENCIES

ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

SALARIES AND EXPENSES

For necessary expenses of the Advisory Commission on Intergovernmental Relations, $784,000, of which $334,000 is to carry

out the provisions of Public Law 104–4, and of which $450,000

shall be available only for the purposes of the prompt and orderly

termination of the Advisory Commission on Intergovernmental Relations.

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

SALARIES AND EXPENSES

For necessary expenses of the Administrative Conference of

the United States, established under subchapter V of chapter 5

of title 5, United States Code, $600,000: Provided, That these funds

shall only be available for the purposes of the prompt and orderly

termination of the Administrative Conference of the United States

by February 1, 1996.

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For necessary expenses of the Committee for Purchase From

People Who Are Blind or Severely Disabled established by the

Act of June 23, 1971, Public Law 92–28; $1,800,000.

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, as amended; $26,521,000,

of which no less than $1,500,000 shall be available for internal

automated data processing systems, of which not to exceed $5,000

shall be available for reception and representation expenses: Provided, That none of the funds appropriated for automated data

processing systems may be obligated until the Chairman of the

Federal Election Commission provides to the House Committee

on Appropriations a systems requirements analysis on the development of such a system.

Government

organization.

Termination

date.

5 USC note prec.

591.

Government

organization.

42 USC note

prec. 4271.

Independent

Agencies

Appropriations

Act, 1996.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 481

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including

services as authorized by 5 U.S.C. 3109, including hire of experts

and consultants, hire of passenger motor vehicles, rental of conference rooms in the District of Columbia and elsewhere;

$20,542,000: Provided, That public members of the Federal Service

Impasses Panel may be paid travel expenses and per diem in

lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons

employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal participants at labor-management relations conferences

shall be credited to and merged with this account, to be available

without further appropriation for the costs of carrying out these

conferences.

GENERAL SERVICES ADMINISTRATION

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING RESCISSION)

For additional expenses necessary to carry out the purpose

of the Fund established pursuant to section 210(f) of the Federal

Property and Administrative Services Act of 1949, as amended

(40 U.S.C. 490(f)), $86,000,000, to be deposited into said Fund

shall be available for necessary expenses of real property management and related activities not otherwise provided for, including

operation, maintenance, and protection of Federally owned and

leased buildings; rental of buildings in the District of Columbia;

restoration of leased premises; moving governmental agencies

(including space adjustments and telecommunications relocation

expenses) in connection with the assignment, allocation and transfer

of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings

including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation,

or as otherwise authorized by law; acquisition of options to purchase

buildings and sites; conversion and extension of Federally owned

buildings; preliminary planning and design of projects by contract

or otherwise; construction of new buildings (including equipment

for such buildings); and payment of principal, interest, taxes, and

any other obligations for public buildings acquired by installment

purchase and purchase contract, in the aggregate amount of

$5,066,149,000, of which (1) not to exceed $545,002,000 shall remain

available until expended for construction of additional projects at

locations and at maximum construction improvement costs (including funds for sites and expenses and associated design and construction services) as follows:

New Construction:
109 STAT. 482 PUBLIC LAW 104–52—NOV. 19, 1995

Colorado:

Lakewood, Denver Federal Center, U.S. Geological Survey Lab Building, $25,802,000

Florida:

Tallahassee, U.S. Courthouse Annex, $24,015,000

Georgia:

Savannah, U.S. Courthouse Annex, $2,597,000

Louisiana:

Lafayette, Federal Building and U.S. Courthouse,

$29,565,000

Maryland:

Prince Georges County, Food and Drug Administration,

$55,000,000

Nebraska:

Omaha, Federal Building and U.S. Courthouse,

$53,424,000

New Mexico:

Albuquerque, Federal Building and U.S. Courthouse,

$6,126,000

New York:

Central Islip, Federal Building and U.S. Courthouse,

$189,102,000

North Dakota:

Pembina, Border Station, $11,113,000

Pennsylvania:

Scranton, Federal Building and U.S. Courthouse

Annex, $24,095,000

South Carolina:

Columbia, U.S. Courthouse Annex, $3,562,000

Texas:

Austin, Veterans Affairs Annex, $7,940,000

Brownsville, Federal Building and U.S. Courthouse,

$27,452,000

Washington:

Point Roberts, U.S. Border Station, $3,516,000

Seattle, U.S. Courthouse, $5,600,000

West Virginia:

Martinsburg, Internal Revenue Service Computer Center, $63,408,000

Non-prospectus Projects Program, $12,685,000:

Provided, That each of the immediately foregoing limits of costs

on new construction projects may be exceeded to the extent that

savings are effected in other such projects, but not to exceed 10

per centum unless advanced approval is obtained from the House

and Senate Committees on Appropriations of a greater amount:

Provided further, That the $6,000,000 under the heading of nonprospectus construction projects, made available in Public Laws

102–393 and 103–123 for the acquisition, lease, construction and

equipping of flexiplace work telecommuting centers, is hereby

increased by $5,000,000 from funds made available in this Act

for non-prospectus construction projects, all of which shall remain

available until expended: Provided further, That of the $5,000,000

made available by this Act, half shall be used for telecommuting

centers in the State of Virginia and half shall be used for

telecommuting centers in the State of Maryland: Provided further,

That of the funds made available for the District of Columbia,

Southeast Federal Center, under the heading, ‘‘Real Property Activi-
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 483

ties, Federal Buildings Fund, Limitations on Availability of Revenue’’ in Public Law 101–509, $55,000,000 are rescinded: Provided

further, That the limitation on the availability of revenue contained

in such Act is reduced by $55,000,000: Provided further, That all

funds for direct construction projects shall expire on September

30, 1997, and remain in the Federal Buildings Fund except funds

for projects as to which funds for design or other funds have

been obligated in whole or in part prior to such date: Provided

further, That claims against the Government of less than $250,000

arising from direct construction projects, acquisitions of buildings

and purchase contract projects pursuant to Public Law 92–313,

be liquidated with prior notification to the Committees on Appropriations of the House and Senate to the extent savings are effected

in other such projects; (2) not to exceed $637,000,000 shall remain

available until expended, for repairs and alterations which includes

associated design and construction services: Provided further, That

the amounts provided in this or any prior Act for Repairs and

Alterations may be used to fund costs associated with implementing

security improvements to buildings necessary to meet the minimum

standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That funds in

the Federal Buildings Fund for Repairs and Alterations shall, for

prospectus projects, be limited to the amount by project as follows,

except each project may be increased by an amount not to exceed

10 per centum unless advance approval is obtained from the

Committees on Appropriations of the House and Senate of a greater

amount:

Repairs and Alterations:

Arkansas:

Little Rock, Federal Building, $7,551,000

California:

Sacramento, Federal Building (2800 Cottage Way),

$13,636,000

District of Columbia:

ICC/Connecting Wing Complex/Customs (phase 2/3),

$58,275,000

Illinois:

Chicago, Federal Center, $45,971,000

Maryland:

Woodlawn, SSA East High-Low Buildings, $17,422,000

North Dakota:

Bismarck, Federal Building, Post Office and U.S.

Courthouse, $7,119,000

Pennsylvania:

Philadelphia, Byrne-Green Complex, $30,909,000

Philadelphia, SSA Building, Mid-Atlantic Program

Service Center, $11,376,000

Puerto Rico:

Old San Juan, Post Office and U.S. Courthouse,

$25,701,000

Texas:

Dallas, Federal Building (Griffin St.), $5,641,000

Washington:

Richland, Federal Building, U.S. Post Office, and

Courthouse, $10,000,000

Nationwide:

Claims.
109 STAT. 484 PUBLIC LAW 104–52—NOV. 19, 1995

Chlorofluorocarbons Program, $43,533,000

Elevator Program, $13,109,000

Energy Program, $20,000,000

Advance Design, $22,000,000

Basic Repairs and Alterations, $304,757,000: Provided further,

That additional projects for which prospectuses have been fully

approved may be funded under this category only if advance

approval is obtained from the Committees on Appropriations of

the House and Senate: Provided further, That the difference

between the funds appropriated and expended on any projects in

this or any prior Act, under the heading ‘‘Repairs and Alterations’’,

may be transferred to Basic Repairs and Alterations or used to

fund authorized increases in prospectus projects: Provided further,

That all funds for repairs and alterations prospectus projects shall

expire on September 30, 1997, and remain in the Federal Buildings

Fund except funds for projects as to which funds for design or

other funds have been obligated in whole or in part prior to such

date: Provided further, That of the funds provided for Advanced

Design, $100,000 shall be made available for architectural design

studies for renovation of the National Veterinary Services Laboratory and a biocontainment facility at the National Animal Disease

Center, Ames, Iowa: Provided further, That the amount provided

in this or any prior Act for Basic Repairs and Alterations may

be used to pay claims against the Government arising from any

projects under the heading ‘‘Repairs and Alterations’’ or used to

fund authorized increases in prospectus projects; (3) not to exceed

$181,963,000 for installment acquisition payments including payments on purchase contracts which shall remain available until

expended; (4) not to exceed $2,326,200,000 for rental of space which

shall remain available until expended; and (5) not to exceed

$1,302,551,000, of which not to exceed $1,000,000 shall be available

for logistical support and personnel services for the Xth

Paralympiad for building operations which shall remain available

until expended: Provided further, That funds available to the General Services Administration shall not be available for expenses

in connection with any construction, repair, alteration, and acquisition project for which a prospectus, if required by the Public Buildings Act of 1959, as amended, has not been approved, except that

necessary funds may be expended for each project for required

expenses in connection with the development of a proposed prospectus: Provided further, That the Administrator is authorized to enter

into and perform such leases, contracts, or other transactions with

any agency or instrumentality of the United States, the several

States, or the District of Columbia, or with any person, firm, association, or corporation, as may be necessary to implement the trade

center plan at the Federal Triangle Project: Provided further, That

for the purposes of this authorization, buildings constructed pursuant to the purchase contract authority of the Public Buildings

Amendments of 1972 (40 U.S.C. 602a), buildings occupied pursuant

to installment purchase contracts, and buildings under the control

of another department or agency where alterations of such buildings

are required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under

the control of the General Services Administration shall be considered to be federally owned buildings: Provided further, That funds

available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Commit-
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 485

tees on Appropriations of the House and Senate: Provided further,

That amounts necessary to provide reimbursable special services

to other agencies under section 210(f)(6) of the Federal Property

and Administrative Services Act of 1949, as amended (40 U.S.C.

490(f)(6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property

not in Government ownership or control as may be appropriate

to enable the United States Secret Service to perform its protective

functions pursuant to 18 U.S.C. 3056, as amended, shall be available

from such revenues and collections: Provided further, That revenues

and collections and any other sums accruing to this Fund during

fiscal year 1996, excluding reimbursements under section 210(f)(6)

of the Federal Property and Administrative Services Act of 1949

(40 U.S.C. 490(f)(6)) in excess of $5,066,149,000 shall remain in

the Fund and shall not be available for expenditure except as

authorized in appropriations Acts.

OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for,

necessary for asset management activities; utilization of excess

and disposal of surplus personal property; transportation management activities; procurement and supply management activities;

Government-wide and internal responsibilities relating to automated data management, telecommunications, information

resources management, and related activities; utilization survey,

deed compliance inspection, appraisal, environmental and cultural

analysis, and land use planning functions pertaining to excess and

surplus real property; agency-wide policy direction; Board of Contract Appeals; accounting, records management, and other support

services incident to adjudication of Indian Tribal Claims by the

United States Court of Federal Claims; services as authorized by

5 U.S.C. 3109; and not to exceed $5,000 for official reception and

representation expenses; $119,091,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and

services authorized by 5 U.S.C. 3109, $33,274,000: Provided, That

not to exceed $5,000 shall be available for payment for information

and detection of fraud against the Government, including payment

for recovery of stolen Government property: Provided further, That

not to exceed $2,500 shall be available for awards to employees

of other Federal agencies and private citizens in recognition of

efforts and initiatives resulting in enhanced Office of Inspector

General effectiveness.

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

For carrying out the provisions of the Act of August 25, 1958,

as amended (3 U.S.C. 102 note), and Public Law 95–138; $2,181,000:

Provided, That the Administrator of General Services shall transfer

to the Secretary of the Treasury such sums as may be necessary

to carry out the provisions of such Acts.

GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION

SECTION 1. The appropriate appropriation or fund available

to the General Services Administration shall be credited with the
109 STAT. 486 PUBLIC LAW 104–52—NOV. 19, 1995

cost of operation, protection, maintenance, upkeep, repair, and

improvement, included as part of rentals received from Government

corporations pursuant to law (40 U.S.C. 129).

SEC. 2. Funds available to the General Services Administration

shall be available for the hire of passenger motor vehicles.

SEC. 3. Funds in the Federal Buildings Fund made available

for fiscal year 1996 for Federal Buildings Fund activities may

be transferred between such activities only to the extent necessary

to meet program requirements. Any proposed transfers shall be

approved in advance by the Committees on Appropriations of the

House and Senate.

SEC. 4. No funds made available by this Act shall be used

to transmit a fiscal year 1997 request for United States Courthouse

construction that does not meet the standards for construction

as established by the General Services Administration, the Judicial

Conference of the United States, and the Office of Management

and Budget and does not reflect the priorities of the Judicial Conference of the United States as set out in its approved five-year

construction plan.

SEC. 5. The Administrator of General Services is authorized

to accept and retain income received by the General Services

Administration on or after October 1, 1993, from Federal agencies

and non-Federal sources, to defray costs directly associated with

the functions of flexiplace work telecommuting centers.

SEC. 6. Of the $11,000,000 made available by this Act and

Public Laws 102–393 and 103–123 for flexiplace work

telecommuting centers, not less than $2,200,000 shall be available

for immediate transfer to the Charles County Community College,

to provide facilities, equipment, and other services to the General

Services Administration for the purposes of establishing

telecommuting work centers in Southern Maryland (Charles, Calvert, and St. Mary’s County) for use by Government agencies designated by the Administrator of General Services: Provided, That

the language providing authority to pay a public entity in the

State of Maryland, not to exceed $1,300,000 for the purpose of

establishing telecommuting work centers in Southern Maryland,

under the heading ‘‘Federal Buildings Fund Limitations on Availability of Revenue’’ in Public Law 103–329 (108 Stat. 2400), is

hereby repealed.

SEC. 7. Notwithstanding any provision of this or any other

Act, during the fiscal year ending September 30, 1996, and thereafter, no funds may be obligated or expended in any way for

the purpose of the sale, excessing, surplusing, or disposal of lands

in the vicinity of Norfolk Lake, Arkansas, administered by the

Corps of Engineers, Department of the Army, without the specific

approval of the Congress.

SEC. 8. Notwithstanding any provision of this or any other

Act, during the fiscal year ending September 30, 1996, and thereafter, no funds may be obligated or expended in any way for

the purpose of the sale, excessing, surplusing, or disposal of lands

in the vicinity of Bull Shoals Lake, Arkansas, administered by

the Corps of Engineers, Department of the Army, without the

specific approval of the Congress.

SEC. 9. Section 17(c) of Public Law 101–136 is amended by—

(a) striking ‘‘within 3 years of date of conveyance,’’ and

inserting in lieu thereof, ‘‘simultaneously’’; and by striking the

remainder of the first sentence following, ‘‘the islands of Hawaii,

103 Stat. 805.

Telecommuting.

Maryland.

Telecommuting.

40 USC 490h.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 487

Oahu, and Molokai’’ and inserting a period immediately thereafter; and

(b) in paragraph (2) by striking ‘‘in the exchange described in subsection (c)(1)’’ and inserting, ‘‘or recreational’’ immediately

after the word, ‘‘educational’’.

JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW BOARD

For necessary expenses to carry out the John F. Kennedy

Assassination Records Collection Act of 1992, $2,150,000.

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit

Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including

services as authorized by 5 U.S.C. 3109, rental of conference rooms

in the District of Columbia and elsewhere, hire of passenger motor

vehicles, and direct procurement of survey printing, $24,549,000,

together with not to exceed $2,430,000 for administrative expenses

to adjudicate retirement appeals to be transferred from the Civil

Service Retirement and Disability Fund in amounts determined

by the Merit Systems Protection Board.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration

of the National Archives and records and related activities, as

provided by law, and for expenses necessary for the review and

declassification of documents, and for the hire of passenger motor

vehicles, $199,633,000, of which $4,500,000 shall be available until

expended for cataloging, archiving and digitizing activities: Provided, That the Archivist of the United States is authorized to

use any excess funds available from the amount borrowed for

construction of the National Archives facility, for expenses necessary

to move into the facility.

ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities

and presidential libraries, $1,500,000, to remain available until

expended.

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical

publications and records as authorized by 44 U.S.C. 2504, as

amended, $5,000,000 to remain available until expended.
109 STAT. 488 PUBLIC LAW 104–52—NOV. 19, 1995

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office

of Government Ethics pursuant to the Ethics in Government Act

of 1978, as amended by Public Law 100–598, and the Ethics Reform

Act of 1989, Public Law 101–194, including services as authorized

by 5 U.S.C. 3109, rental of conference rooms in the District of

Columbia and elsewhere, hire of passenger motor vehicles, and

not to exceed $1,500 for official reception and representation

expenses; $7,776,000.

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office

of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including

services as authorized by 5 U.S.C. 3109, medical examinations

performed for veterans by private physicians on a fee basis, rental

of conference rooms in the District of Columbia and elsewhere,

hire of passenger motor vehicles, not to exceed $2,500 for official

reception and representation expenses, and advances for reimbursements to applicable funds of the Office of Personnel Management

and the Federal Bureau of Investigation for expenses incurred

under Executive Order 10422 of January 9, 1953, as amended;

$88,000,000, of which not to exceed $1,000,000 shall be made available for the establishment of health promotion and disease prevention programs for Federal employees and in addition $102,536,000

for administrative expenses, to be transferred from the appropriate

trust funds of the Office of Personnel Management without regard

to other statutes, including direct procurement of health benefits

printing, for the retirement and insurance programs, of which

$11,300,000 shall be transferred at such times as the Office of

Personnel Management deems appropriate, and shall remain available until expended for the costs of automating the retirement

recordkeeping systems, together with remaining amounts authorized in previous Acts for the recordkeeping systems: Provided, That

the provisions of this appropriation shall not affect the authority

to use applicable trust funds as provided by section 8348(a)(1)(B)

of title 5, United States Code: Provided further, That, except as

may be consistent with 5 U.S.C. 8902a(f)(1) and (i), no payment

may be made from the Employees Health Benefits Fund to any

physician, hospital, or other provider of health care services or

supplies who is, at the time such services or supplies are provided

to an individual covered under chapter 89 of title 5, United States

Code, excluded, pursuant to section 1128 or 1128A of the Social

Security Act (42 U.S.C. 1320a–7–1320a–7a), from participation in

any program under title XVIII of the Social Security Act (42 U.S.C.

1395 et seq.): Provided further, That no part of this appropriation

shall be available for salaries and expenses of the Legal Examining

Unit of the Office of Personnel Management established pursuant

to Executive Order 9358 of July 1, 1943, or any successor unit

of like purpose: Provided further, That the President’s Commission
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 489

on White House Fellows, established by Executive Order 11183

of October 3, 1964, may, during the fiscal year ending September

30, 1996, accept donations of money, property, and personal services

in connection with the development of a publicity brochure to provide information about the White House Fellows, except that no

such donations shall be accepted for travel or reimbursement of

travel expenses, or for the salaries of employees of such Commission.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act, as

amended, including services as authorized by 5 U.S.C. 3109, hire

of passenger motor vehicles: $4,009,000, and in addition, not to

exceed $6,181,000 for administrative expenses to audit the Office

of Personnel Management’s retirement and insurance programs,

to be transferred from the appropriate trust funds of the Office

of Personnel Management, as determined by the Inspector General:

Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United

States Code, and the Retired Federal Employees Health Benefits

Act (74 Stat. 849), as amended, $3,746,337,000 to remain available

until expended.

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to

employees retiring after December 31, 1989, as required by chapter

87 of title 5, United States Code, such sums as may be necessary.

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as

authorized by 5 U.S.C. 8348, and annuities under special Acts

to be credited to the Civil Service Retirement and Disability Fund,

such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, as amended, and the Act of

August 19, 1950, as amended (33 U.S.C. 771–75), may hereafter

be paid out of the Civil Service Retirement and Disability Fund.

GENERAL PROVISIONS—OFFICE OF PERSONNEL MANAGEMENT

Section 1. Section 1104 of title 5, United States Code, is

amended—

(1) in subsection (a)—

(A) in paragraph (2)—

(i) by inserting after ‘‘title’’ the following: ‘‘, the

cost of which examinations shall be reimbursed by

33 USC 776.

Rent.
109 STAT. 490 PUBLIC LAW 104–52—NOV. 19, 1995

payments from the agencies employing such judges

to the revolving fund established under section

1304(e)’’; and

(ii) by striking the semicolon at the end of paragraph (2) and inserting in lieu thereof a period; and

(B) by striking the matter following paragraph (2)

through ‘‘principles.’’; and

(2) in subsection (b) by adding at the end the following

new paragraph:

‘‘(4) At the request of the head of an agency to whom

a function has been delegated under subsection (a)(2), the Office

may provide assistance to the agency in performing such function. Such assistance shall, to the extent determined appropriate by the Director of the Office, be performed on a reimbursable basis through the revolving fund established under section

1304(e).’’.

SEC. 2. Subparagraph (B) of section 8348(a)(1) of title 5, United

States Code, is amended—

(1) by inserting ‘‘in making an allotment or assignment

made by an individual under section 8345(h) or 8465(b) of

this title,’’ after ‘‘law),’’; and

(2) by striking ‘‘title 26;’’ and inserting ‘‘title 26 or section

8345(k) or 8469 of this title;’’.

SEC. 3. Section 4(a) of the Federal Workforce Restructuring

Act of 1994 (Public Law 103–226; 108 Stat. 111) is amended—

(1) by deleting ‘‘FISCAL YEARS 1994 AND 1995’’ and inserting

in lieu thereof: ‘‘VOLUNTARY SEPARATION INCENTIVE PAYMENTS.—’’; and

(2) in paragraph (1)(A) by striking ‘‘and before October

1, 1995,’’.

SEC. 4. Title 5, United States Code, is amended—

(1) in the second section designated as section 3329 (as

added by section 4431(a) of Public Law 102–484)—

(A) by redesignating such section as section 3330; and

(B) by adding at the end thereof the following new

subsection:

‘‘(f) The Office may, to the extent it determines appropriate,

charge such fees to agencies for services provided under this section

and for related Federal employment information. The Office shall

retain such fees to pay the costs of providing such services and

information.’’; and

(2) in the table of sections for chapter 33 by amending

the second item relating to section 3329 to read as follows:

‘‘3330. Government-wide list of vacant positions.’’.

SEC. 5. Section 1 under the subheading ‘‘General Provision’’

under the heading ‘‘Office of Personnel Management’’ under title

IV of the Treasury, Postal Service and General Government Appropriations Act, 1992 (Public Law 102–141; 105 Stat. 861; 5 U.S.C.

5941 note), as amended by section 532 of the Treasury, Postal

Service and General Government Appropriations Act, 1995 (Public

Law 103–329; 108 Stat. 2413), is further amended by striking

‘‘1996’’ both places it appears and inserting in lieu thereof ‘‘1998’’.

5 USC prec.

3301.

5 USC 8331 note.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 491

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office

of Special Counsel pursuant to Reorganization Plan Numbered 2

of 1978, the Civil Service Reform Act of 1978 (Public Law 95–

454), the Whistleblower Protection Act of 1989 (Public Law 101–

12), Public Law 103–424, and the Uniformed Services Employment

and Reemployment Act of 1994 (Public Law 103–353), including

services as authorized by 5 U.S.C. 3109, payment of fees and

expenses for witnesses, rental of conference rooms in the District

of Columbia and elsewhere, and hire of passenger motor vehicles;

$7,840,000.

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other

services as authorized by 5 U.S.C. 3109; $33,269,000: Provided,

That travel expenses of the judges shall be paid upon the written

certificate of the judge.

This title may be cited as the ‘‘Independent Agencies Appropriations Act, 1996’’.

TITLE V—GENERAL PROVISIONS

THIS ACT

SEC. 501. 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. 502. The expenditure of any appropriation under this

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where

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. 503. None of the funds made available to the General

Services Administration pursuant to section 210(f) of the Federal

Property and Administrative Services Act of 1949 shall be obligated

or expended after the date of enactment of this Act for the procurement by contract of any guard, elevator operator, messenger or

custodial services if any permanent veterans preference employee

of the General Services Administration at said date, would be

terminated as a result of the procurement of such services, except

that such funds may be obligated or expended for the procurement

by contract of the covered services with sheltered workshops employing the severely handicapped under Public Law 92–28. Only if

such workshops decline to contract for the provision of the covered

services may the General Services Administration procure the services by competitive contract, for a period not to exceed 5 years.

At such time as such competitive contract expires or is terminated

for any reason, the General Services Administration shall again

offer to contract for the services from a sheltered workshop prior

to offering such services for competitive procurement.

Contracts.

40 USC 490c.

Contracts.

Public

information.

26 USC 7443

note.
109 STAT. 492 PUBLIC LAW 104–52—NOV. 19, 1995

SEC. 504. None of the funds made available by this Act shall

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to

a Government employee would result in a decision, determination,

rule, regulation, or policy that would prohibit the enforcement of

section 307 of the Tariff Act of 1930.

SEC. 505. None of the funds made available by this Act shall

be available for the purpose of transferring control over the Federal

Law Enforcement Training Center located at Glynco, Georgia, and

Artesia, New Mexico, out of the Treasury Department.

SEC. 506. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes within the

United States not heretofore authorized by the Congress.

SEC. 507. No part of any appropriation contained in this Act

shall be available for the payment of the salary of any officer

or employee of the United States Postal Service, who—

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States

Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress

in connection with any matter pertaining to the employment

of such officer or employee or pertaining to the United States

Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee

or in response to the request or inquiry of such Member or

committee; or

(2) removes, suspends from duty without pay, demotes,

reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment

right, entitlement, or benefit, or any term or condition of

employment of, any officer or employee of the United States

Postal Service, or attempts or threatens to commit any of

the foregoing actions with respect to such officer or employee,

by reason of any communication or contact of such officer

or employee with any Member or committee of Congress as

described in paragraph (1) of this subsection.

SEC. 508. The Office of Personnel Management may, during

the fiscal year ending September 30, 1996, accept donations of

supplies, services, land and equipment for the Federal Executive

Institute and Management Development Centers to assist in

enhancing the quality of Federal management.

SEC. 509. The United States Secret Service may, during the

fiscal year ending September 30, 1996, accept donations of money

to off-set costs incurred while protecting former Presidents and

spouses of former Presidents when the former President or spouse

travels for the purpose of making an appearance or speech for

a payment of money or any thing of value.

SEC. 512. Notwithstanding any provision of this or any other

Act, during the fiscal year ending September 30, 1996, and thereafter, no funds may be obligated or expended in any way to withdraw the designation of the Virginia Inland Port at Front Royal,

Virginia, as a United States Customs Service port of entry.

SEC. 513. No part of any appropriation contained in this Act

shall be available to pay the salary for any person filling a position,

other than a temporary position, formerly held by an employee

who has left to enter the Armed Forces of the United States and

19 USC 2 note.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 493

has satisfactorily completed his period of active military or naval

service and has within ninety days after his release from such

service or from hospitalization continuing after discharge for a

period of not more than one year made application for restoration

to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his

former position and has not been restored thereto.

SEC. 514. None of the funds made available in this Act may

be used to provide any non-public information such as mailing

or telephone lists to any person or any organization outside of

the Federal Government without the approval of the House and

Senate Committees on Appropriations.

SEC. 515. COMPLIANCE WITH BUY AMERICAN ACT.—No funds

appropriated pursuant to this Act may be expended by an entity

unless the entity agrees that in expending the assistance the entity

will comply with sections 2 through 4 of the Act of March 3,

1933 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy American

Act’’).

SEC. 516. SENSE OF CONGRESS; REQUIREMENT REGARDING

NOTICE.—(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or products that may be

authorized to be purchased with financial assistance provided under

this Act, it is the sense of the Congress that entities receiving

such assistance should, in expending the assistance, purchase only

American-made equipment and products.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Secretary of the Treasury shall

provide to each recipient of the assistance a notice describing the

statement made in subsection (a) by the Congress.

SEC. 517. PROHIBITION OF CONTRACTS.—If it has been finally

determined by a court or Federal agency that any person intentionally 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, such person shall be ineligible to receive any contract or

subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures

described in section 9.400 through 9.409 of title 48, Code of Federal

Regulations.

SEC. 518. Except as otherwise specifically provided by law,

not to exceed 50 percent of unobligated balances remaining available

at the end of fiscal year 1996 from appropriations made available

for salaries and expenses for fiscal year 1996 in this Act, shall

remain available through September 30, 1997 for each such account

for the purposes authorized: Provided, That a request shall be

submitted to the House and Senate Committees on Appropriations

for approval prior to the expenditure of such funds.

SEC. 519. Where appropriations in this Act are expendable

for travel expenses of employees and no specific limitation has

been placed thereon, the expenditures for such travel expenses

may not exceed the amount set forth therefore in the budget estimates submitted for appropriations without the advance approval

of the House and Senate Committees on Appropriations: Provided,

That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards in the Selective

Service System; to travel performed directly in connection with

care and treatment of medical beneficiaries of the Department
109 STAT. 494 PUBLIC LAW 104–52—NOV. 19, 1995

of Veterans Affairs; to travel of the Office of Personnel Management

in carrying out its observation responsibilities of the Voting Rights

Act; or to payments to interagency motor pools separately set forth

in the budget schedules.

SEC. 520. Notwithstanding any other provision of law or regula- tion: (1) The authority of the special police officers of the Bureau

of Engraving and Printing, in the Washington, DC Metropolitan

area, extends to buildings and land under the custody and control

of the Bureau; to buildings and land acquired by or for the Bureau

through lease, unless otherwise provided by the acquisition agency;

to the streets, sidewalks and open areas immediately adjacent to

the Bureau along Wallenberg Place (15th Street) and 14th Street

between Independence and Maine Avenues and C and D Streets

between 12th and 14th Streets; to areas which include surrounding

parking facilities used by Bureau employees, including the lots

at 12th and C Streets, SW, Maine Avenue and Water Streets,

SW, Maiden Lane, the Tidal Basin and East Potomac Park; to

the protection in transit of United States securities, plates and

dies used in the production of United States securities, or other

products or implements of the Bureau of Engraving and Printing

which the Director of that agency so designates; (2) The exercise

of police authority by Bureau officers, with the exception of the

exercise of authority upon property under the custody and control

of the Bureau, shall be deemed supplementary to the Federal police

force with primary jurisdictional responsibility. This authority shall

be in addition to any other law enforcement authority which has

been provided to these officers under other provisions of law or

regulations.

SEC. 521. Section 5378 of title 5, United States Code, is

amended by adding: ‘‘(8) Chief—not more than the maximum rate

payable for GS–14.’’.

SEC. 522. Subchapter III of chapter 51 of subtitle IV of title

31, United States Code, is amended by adding at the end thereof

the following new section: ‘‘SEC. 5136. UNITED STATES MINT PUBLIC

ENTERPRISE FUND.’’. There shall be established in the Treasury

of the United States, a United States Mint Public Enterprise Fund

(the ‘‘Fund’’) for fiscal year 1996 and hereafter: Provided, That

all receipts from Mint operations and programs, including the

production and sale of numismatic items, the production and sale

of circulating coinage, the protection of Government assets, and

gifts and bequests of property, real or personal shall be deposited

into the Fund and shall be available without fiscal year limitations:

Provided further, That all expenses incurred by the Secretary of

the Treasury for operations and programs of the United States

Mint that the Secretary of the Treasury determines, in the Secretary’s sole discretion, to be ordinary and reasonable incidents

of Mint operations and programs, and any expense incurred pursuant to any obligation or other commitment of Mint operations

and programs that was entered into before the establishment of

the Fund, shall be paid out of the Fund: Provided further, That

not to exceed 6.2415 percent of the nominal value of the coins

minted, shall be paid out of the Fund for the circulating coin

operations and programs in fiscal year 1996 for those operations

and programs previously provided for by appropriation: Provided

further, That the Secretary of the Treasury may borrow such funds

from the General Fund as may be necessary to meet existing

liabilities and obligations incurred prior to the receipt of revenues

Coins.

31 USC 5136.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 495

into the Fund: Provided further, That the General Fund shall be

reimbursed for such funds by the Fund within one year of the

date of the loan: Provided further, That the Fund may retain

receipts from the Federal Reserve System from the sale of circulating coins at face value for deposit into the Fund (retention of

receipts is for the circulating operations and programs): Provided

further, That the Secretary of the Treasury shall transfer to the

Fund all assets and liabilities of the Mint operations and programs,

including all Numismatic Public Enterprise Fund assets and liabilities, all receivables, unpaid obligations and unobligated balances

from the Mint’s appropriation, the Coinage Profit Fund, and the

Coinage Metal Fund, and the land and buildings of the Philadelphia

Mint, Denver Mint, and the Fort Knox Bullion Depository: Provided

further, That the Numismatic Public Enterprise Fund, the Coinage

Profit Fund and the Coinage Metal Fund shall cease to exist as

separate funds as their activites and functions are subsumed under

and subject to the Fund, and the requirements of 31 USC 5134(c)(4),

(c)(5)(B), and (d) and (e) of the Numismatic Public Enterprise Fund

shall apply to the Fund: Provided further, That at such times

as the Secretary of the Treasury determines appropriate, but not

less than annually, any amount in the Fund that is determined

to be in excess of the amount required by the Fund shall be

transferred to the Treasury for deposit as miscellaneous receipts:

Provided further, That the term ‘‘Mint operations and programs’’

means (1) the activities concerning, and assets utilized in, the

production, administration, distribution, marketing, purchase, sale,

and management of coinage, numismatic items, the protection and

safeguarding of Mint assets and those non-Mint assets in the custody of the Mint, and the Fund; and (2) includes capital, personnel

salaries and compensation, functions relating to operations, marketing, distribution, promotion, advertising, official reception and representation, the acquisition or replacement of equipment, the renovation or modernization of facilities, and the construction or

acquisition of new buildings: Provided further, That the term

‘‘numismatic item’’ includes any medal, proof coin, uncirculated

coin, bullion coin, numismatic collectible, other monetary issuances

and products and accessories related to any such medal or coin:

Provided further, That provisions of law governing procurement

or public contracts shall not be applicable to the procurement of

goods or services necessary for carrying out Mint programs and

operations.

SEC. 523. Section 531 of Public Law 103–329, is amended

by inserting, ‘‘of the first section’’, after ‘‘adding at the end’’.

SEC. 524. No funds appropriated by this Act shall be available

to pay for an abortion, or the administrative expenses in connection

with any health plan under the Federal employees health benefit

program which provides any benefits or coverage for abortions,

after the last day of the contract currently in force for any such

negotiated plan.

SEC. 525. The provision of section 524 shall not apply where

the life of the mother would be endangered if the fetus were carried

to term, or that the pregnancy is the result of an act of rape

or incest.

SEC. 526. Notwithstanding any other provision of law, the

Administrator of General Services shall delegate the authority to

procure automatic data processing equipment for the Tax Systems

Modernization Program to the Secretary of the Treasury: Provided,

40 USC 759 note.

Abortion.

3 USC 102 note.
109 STAT. 496 PUBLIC LAW 104–52—NOV. 19, 1995

That the Director of the Office of Management and Budget shall

have the authority to revoke such delegation upon the written

recommendation of the Administrator that the Secretary’s actions

under such delegation are inconsistent with the goals of economic

and efficient procurement and utilization of automatic data processing equipment: Provided further, That for all other purposes, a

procurement conducted under such delegation shall be treated as

if made under a delegation by the Administrator pursuant to 40

U.S.C. 759.

SEC. 527. RELIEF OF CERTAIN PERIODICAL PUBLICATIONS.—For

mail classification purposes under section 3626 of title 39, United

States Code, and any regulations of the United States Postal Service

for the administration of that section, a weekly second-class periodical publication which—

(i) is eligible to publish legal notices under any applicable

laws of the State where it is published;

(ii) is eligible to be mailed at the rates for mail under

former subsection 4358 (a), (b), and (c) of title 39, United

States Code, as limited by current subsection 3626(g) of that

title; and

(iii) the pages of which were customarily secured by 2

staples before March 19, 1989;

shall not be considered to be a bound publication solely because

its pages continue to be secured by 2 staples after that date.

SEC. 528. (a) Prior to February 15, 1996, none of the funds

appropriated by this Act may, with respect to an individual

employed by the Bureau of the Public Debt in the Washington

metropolitan region on April 10, 1991, be used to separate, reduce

the grade or pay of, or carry out any other adverse personnel

action against such individual for declining to accept a directed

reassignment to a position outside such region, pursuant to a transfer of any such Bureau’s operations or functions to Parkersburg,

West Virginia.

(b) Subsection (a) shall not apply with respect to any individual

who, prior to February 15, 1996, declines an offer of another position

in the Department of the Treasury which is of at least equal

pay and which is within the Washington metropolitan region.

SEC. 529. Section 4 of the Presidential Protection Assistance

Act of 1976, Public Law 94–524, is amended by striking ‘‘$75,000’’

and inserting in lieu thereof ‘‘$200,000’’.

SEC. 530. No part of any appropriation made available in this

Act shall be used to implement Bureau of Alcohol, Tobacco and

Firearms Ruling TD ATF–360; Re: Notice Nos. 782, 780, 91F009P.

SEC. 531. Section 5542 of title 5, United States Code, is amended by adding the following new subsection at the end:

‘‘(e) Notwithstanding subsection (d)(1) of this section, all hours

of overtime work scheduled in advance of the administrative workweek shall be compensated under subsection (a) if that work

involves duties as authorized by section 3056(a) of title 18, United

States Code, and if the investigator performs, on that same day,

at least 2 hours of overtime work not scheduled in advance of

the administrative workweek.’’.

18 USC 3056

note.

Postal service.

39 USC 3626

note.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 497

TITLE VI—GOVERNMENTWIDE GENERAL PROVISIONS

DEPARTMENTS, AGENCIES, AND CORPORATIONS

SECTION 601. Funds appropriated in this or any other Act may be used to pay travel to the United States for the immediate

family of employees serving abroad in cases of death or life threatening illness of said employee.

SEC. 602. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other

Act for fiscal year 1996 shall obligate or expend any such funds,

unless such department, agency, or instrumentality has in place,

and will continue to administer in good faith, a written policy

designed to ensure that all of its workplaces are free from the

illegal use, possession, or distribution of controlled substances (as

defined in the Controlled Substances Act) by the officers and

employees of such department, agency, or instrumentality.

SEC. 603. Notwithstanding 31 U.S.C. 1345, any agency, department or instrumentality of the United States which provides or

proposes to provide child care services for Federal employees may

reimburse any Federal employee or any person employed to provide

such services for travel, transportation, and subsistence expenses

incurred for training classes, conferences or other meetings in

connection with the provision of such services: Provided, That any

per diem allowance made pursuant to this section shall not exceed

the rate specified in regulations prescribed pursuant to section

5707 of title 5, United States Code.

SEC. 604. Unless otherwise specifically provided, the maximum

amount allowable during the current fiscal year in accordance with

section 16 of the Act of August 2, 1946 (60 Stat. 810), for the

purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is

hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded

by not to exceed $3,700 for police-type vehicles, and by not to

exceed $4,000 for special heavy-duty vehicles: Provided further,

That the limits set forth in this section may not be exceeded

by more than five percent for electric or hybrid vehicles purchased

for demonstration under the provisions of the Electric and Hybrid

Vehicle Research, Development, and Demonstration Act of 1976:

Provided further, That the limits set forth in this section may

be exceeded by the incremental cost of clean alternative fuels

vehicles acquired pursuant to Public Law 101–549 over the cost

of comparable conventionally fueled vehicles.

SEC. 605. Appropriations of the executive departments and

independent establishments for the current fiscal year available

for expenses of travel or for the expenses of the activity concerned,

are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–24.

SEC. 606. Unless otherwise specified during the current fiscal

year no part of any appropriation contained in this or any other

Act shall be used to pay the compensation of any officer or employee

of the Government of the United States (including any agency

the majority of the stock of which is owned by the Government

of the United States) whose post of duty is in the continental

United States unless such person (1) is a citizen of the United

States, (2) is a person in the service of the United States on

5 USC 3101 note.

31 USC 1343

note.

Drug-free

workplace.
109 STAT. 498 PUBLIC LAW 104–52—NOV. 19, 1995

the date of enactment of this Act who, being eligible for citizenship,

has filed a declaration of intention to become a citizen of the

United States prior to such date and is actually residing in the

United States, (3) is a person who owes allegiance to the United

States, (4) is an alien from Cuba, Poland, South Vietnam, the

countries of the former Soviet Union, or the Baltic countries lawfully

admitted to the United States for permanent residence, (5) South

Vietnamese, Cambodian, and Laotian refugees paroled in the United

States after January 1, 1975, or (6) nationals of the People’s Republic of China that qualify for adjustment of status pursuant to

the Chinese Student Protection Act of 1992: Provided, That for

the purpose of this section, an affidavit signed by any such person

shall be considered prima facie evidence that the requirements

of this section with respect to his or her status have been complied

with: Provided further, That any person making a false affidavit

shall be guilty of a felony, and, upon conviction, shall be fined

no more than $4,000 or imprisoned for not more than one year,

or both: Provided further, That the above penal clause shall be

in addition to, and not in substitution for, any other provisions

of existing law: Provided further, That any payment made to any

officer or employee contrary to the provisions of this section shall

be recoverable in action by the Federal Government. This section

shall not apply to citizens of Ireland, Israel, the Republic of the

Philippines or to nationals of those countries allied with the United

States in the current defense effort, or to international broadcasters

employed by the United States Information Agency, or to temporary

employment of translators, or to temporary employment in the

field service (not to exceed sixty days) as a result of emergencies.

SEC. 607. Appropriations available to any department or agency

during the current fiscal year for necessary expenses, including

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space

and services and those expenses of renovation and alteration of

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73

Stat. 749), the Public Buildings Amendments of 1972 (87 Stat.

216), or other applicable law.

SEC. 608. In addition to funds provided in this or any other

Act, all Federal agencies are authorized to receive and use funds

resulting from the sale of materials recovered through recycling

or waste prevention programs. Such funds shall be available until

expended for the following purposes:

(1) Acquisition, waste reduction and prevention and

recycling programs as described in Executive Order 12873

(October 20, 1993), including any such programs adopted prior

to the effective date of the Executive Order.

(2) Other Federal agency environmental management programs, including but not limited to, the development and

implementation of hazardous waste management and pollution

prevention programs.

(3) Other employee programs as authorized by law or as

deemed appropriate by the head of the Federal agency.

SEC. 609. Funds made available by this or any other Act for

administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States

Code, shall be available, in addition to objects for which such

funds are otherwise available, for rent in the District of Columbia;

Recycling.

Environmental

protection.

Law enforcement

and crime.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 499

services in accordance with 5 U.S.C. 3109; and the objects specified

under this head, all the provisions of which shall be applicable

to the expenditure of such funds unless otherwise specified in

the Act by which they are made available: Provided, That in the

event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations

on administrative expenses shall be correspondingly reduced.

SEC. 610. No part of any appropriation for the current fiscal

year contained in this or any other Act shall be paid to any person

for the filling of any position for which he or she has been nominated

after the Senate has voted not to approve the nomination of said

person.

SEC. 611. Any department or agency to which the Administrator

of General Services has delegated the authority to operate, maintain

or repair any building or facility pursuant to section 205(d) of

the Federal Property and Administrative Services Act of 1949,

as amended, shall retain that portion of the GSA rental payment

available for operation, maintenance or repair of the building or

facility, as determined by the Administrator, and expend such funds

directly for the operation, maintenance or repair of the building

or facility. Any funds retained under this section shall remain

available until expended for such purposes.

SEC. 612. Pursuant to section 1415 of the Act of July 15,

1952 (66 Stat. 662), foreign credits (including currencies) owed

to or owned by the United States may be used by Federal agencies

for any purpose for which appropriations are made for the current

fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor

is made to the Treasury from applicable appropriations of the

agency concerned: Provided, That such credits received as

exchanged allowances or proceeds of sales of personal property

may be used in whole or part payment for acquisition of similar

items, to the extent and in the manner authorized by law, without

reimbursement to the Treasury.

SEC. 613. No part of any appropriation contained in this or

any other Act shall be available for interagency financing of boards,

commissions, councils, committees, or similar groups (whether or

not they are interagency entities) which do not have a prior and

specific statutory approval to receive financial support from more

than one agency or instrumentality.

SEC. 614. Funds made available by this or any other Act to

the ‘‘Postal Service Fund’’ (39 U.S.C. 2003) shall be available for

employment of guards for all buildings and areas owned or occupied

by the Postal Service and under the charge and control of the

Postal Service, and such guards shall have, with respect to such

property, the powers of special policemen provided by the first

section of the Act of June 1, 1948, as amended (62 Stat. 281;

40 U.S.C. 318), and, as to property owned or occupied by the

Postal Service, the Postmaster General may take the same actions

as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948, as amended

(62 Stat. 281; 40 U.S.C. 318a, 318b), attaching thereto penal consequences under the authority and within the limits provided in

section 4 of the Act of June 1, 1948, as amended (62 Stat. 281;

40 U.S.C. 318c).

SEC. 615. None of the funds made available pursuant to the

provisions of this Act shall be used to implement, administer, or

Postal service.

Law enforcement

and crime.

Rent.
109 STAT. 500 PUBLIC LAW 104–52—NOV. 19, 1995

enforce any regulation which has been disapproved pursuant to

a resolution of disapproval duly adopted in accordance with the

applicable law of the United States.

SEC. 616. (a) Notwithstanding any other provision of law, and

except as otherwise provided in this section, no part of any of

the funds appropriated for the fiscal year ending on September

30, 1996, by this or any other Act, may be used to pay any prevailing

rate employee described in section 5342(a)(2)(A) of title 5, United

States Code—

(1) during the period from the date of expiration of the

limitation imposed by section 617 of the Treasury, Postal Service and General Government Appropriations Act, 1995, until

the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 1996, in an amount

that exceeds the rate payable for the applicable grade and

step of the applicable wage schedule in accordance with such

section 617; and

(2) during the period consisting of the remainder of fiscal

year 1996, in an amount that exceeds, as a result of a wage

survey adjustment, the rate payable under paragraph (1) by

more than the sum of—

(A) the percentage adjustment taking effect in fiscal

year 1996 under section 5303 of title 5, United States

Code, in the rates of pay under the General Schedule;

and

(B) the difference between the overall average percentage of the locality-based comparability payments taking

effect in fiscal year 1996 under section 5304 of such title

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in

fiscal year 1995 under such section.

(b) Notwithstanding any other provision of law, no prevailing

rate employee described in subparagraph (B) or (C) of section

5342(a)(2) of title 5, United States Code, and no employee covered

by section 5348 of such title, may be paid during the periods

for which subsection (a) is in effect at a rate that exceeds the

rates that would be payable under subsection (a) were subsection

(a) applicable to such employee.

(c) For the purposes of this section, the rates payable to an

employee who is covered by this section and who is paid from

a schedule not in existence on September 30, 1995, shall be determined under regulations prescribed by the Office of Personnel

Management.

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed

from the rates in effect on September 30, 1995, except to the

extent determined by the Office of Personnel Management to be

consistent with the purpose of this section.

(e) This section shall apply with respect to pay for service

performed after September 30, 1995.

(f) For the purpose of administering any provision of law

(including section 8431 of title 5, United States Code, and any

rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction

or contribution, or that imposes any requirement or limitation on

the basis of a rate of salary or basic pay, the rate of salary or

Effective date.

Regulations.

Locality pay.

5 USC 5343 note.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 501

basic pay payable after the application of this section shall be

treated as the rate of salary or basic pay.

(g) Nothing in this section shall be considered to permit or

require the payment to any employee covered by this section at

a rate in excess of the rate that would be payable were this section

not in effect.

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment

or retention of qualified employees.

SEC. 617. During the period in which the head of any department or agency, or any other officer or civilian employee of the

Government appointed by the President of the United States, holds

office, no funds may be obligated or expended in excess of $5,000

to furnish or redecorate the office of such department head, agency

head, officer or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing

or redecoration is expressly approved by the Committees on Appropriations of the House and Senate. For the purposes of this section,

the word ‘‘office’’ shall include the entire suite of offices assigned

to the individual, as well as any other space used primarily by

the individual or the use of which is directly controlled by the

individual.

SEC. 618. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations,

to be used for the purpose of conducting Federal law enforcement

training without the advance approval of the House and Senate

Committees on Appropriations.

SEC. 619. Notwithstanding section 1346 of title 31, United

States Code, or Sec. 613 of this Act, funds made available for

fiscal year 1996 by this or any other Act shall be available for

the interagency funding of national security and emergency

preparedness telecommunications initiatives which benefit multiple

Federal departments, agencies, or entities, as provided by Executive

Order Numbered 12472 (April 3, 1984).

SEC. 620. Notwithstanding any provisions of this or any other

Act, during the fiscal year ending September 30, 1996, and hereafter, any department, division, bureau, or office may use funds

appropriated by this or any other Act to install telephone lines,

and necessary equipment, and to pay monthly charges, in any

private residence or private apartment of an employee who has

been authorized to work at home in accordance with guidelines

issued by the Office of Personnel Management: Provided, That

the head of the department, division, bureau, or office certifies

that adequate safeguards against private misuse exist, and that

the service is necessary for direct support of the agency’s mission.

SEC. 621. (a) None of the funds appropriated by this or any

other Act may be obligated or expended by any Federal department,

agency, or other instrumentality for the salaries or expenses of

any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to section 3302 of title 5, United States Code, without a certification to the Office of Personnel Management from the head of

the Federal department, agency, or other instrumentality employing

the Schedule C appointee that the Schedule C position was not

31 USC 1348

note.

Telecommunications.
109 STAT. 502 PUBLIC LAW 104–52—NOV. 19, 1995

created solely or primarily in order to detail the employee to the

White House.

(b) The provisions of this section shall not apply to Federal

employees or members of the armed services detailed to or from—

(1) the Central Intelligence Agency;

(2) the National Security Agency;

(3) the Defense Intelligence Agency;

(4) the offices within the Department of Defense for the

collection of specialized national foreign intelligence through

reconnaissance programs;

(5) the Bureau of Intelligence and Research of the Department of State;

(6) any agency, office, or unit of the Army, Navy, Air

Force, and Marine Corps, the Federal Bureau of Investigation

and the Drug Enforcement Administration of the Department

of Justice, the Department of Transportation, the Department

of the Treasury, and the Department of Energy performing

intelligence functions; and

(7) the Director of Central Intelligence.

SEC. 622. No department, agency, or instrumentality of the

United States receiving appropriated funds under this or any other

Act for fiscal year 1996 shall obligate or expend any such funds,

unless such department, agency or instrumentality has in place,

and will continue to administer in good faith, a written policy

designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are

not in violation of title VII of the Civil Rights Act of 1964, as

amended, the Age Discrimination in Employment Act of 1967, and

the Rehabilitation Act of 1973.

SEC. 623. No part of any appropriation contained in this Act

may be used to pay for the expenses of travel of employees, including

employees of the Executive Office of the President, not directly

responsible for the discharge of official governmental tasks and

duties: Provided, That this restriction shall not apply to the family

of the President, Members of Congress or their spouses, Heads

of State of a foreign country or their designee(s), persons providing

assistance to the President for official purposes, or other individuals

so designated by the President.

SEC. 624. Notwithstanding any provision of law, the President,

or his designee, must certify to Congress, annually, that no person

or persons with direct or indirect responsibility for administering

the Executive Office of the President’s Drug-Free Workplace Plan

are themselves subject to a program of individual random drug

testing.

SEC. 625. (a) Beginning in fiscal year 1996 and thereafter,

for each Federal agency, except the Department of Defense (which

has separate authority), and except as provided in Public Law

102–393, title IV, section 13 (40 U.S.C. 490g) with respect to the

Fund established pursuant to 40 U.S.C. 490(f), an amount equal

to 50 percent of—

(1) the amount of each utility rebate received by the agency

for energy efficiency and water conservation measures, which

the agency has implemented; and

(2) the amount of the agency’s share of the measured

energy savings resulting from energy-savings performance contracts,

Conservation.

42 USC 8256

note.

President.

Certification.

5 USC 7301 note.

Drug-free

workplace.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 503

may be retained and credited to accounts that fund energy and

water conservation activities at the agency’s facilities, and shall

remain available until expended for additional specific energy efficiency or water conservation projects or activities, including

improvements and retrofits, facility surveys, additional or improved

utility metering, and employee training and awareness programs,

as authorized by section 152(f) of the Energy Policy Act (Public

Law 102–486).

(b) The remaining 50 percent of each rebate, and the remaining

50 percent of the amount of the agency’s share of savings from

energy-savings performance contracts, shall be transferred to the

General Fund of the Treasury at the end of the fiscal year in

which received.

SEC. 627. (a) None of the funds made available in this Act

may be obligated or expended for any employee training when

it is made known to the Federal official having authority to obligate

or expend such funds that such employee training—

(1) does not meet identified needs for knowledge, skills,

and abilities bearing directly upon the performance of official

duties;

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;

(3) does not require prior employee notification of the content and methods to be used in the training and written end

of course evaluation;

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission

Notice N–915.022, dated September 2, 1988;

(5) is offensive to, or designed to change, participants’

personal values or lifestyle outside the workplace; or

(6) includes content related to human immunodeficiency

virus/acquired immune deficiency syndrome (HIV/AIDS) other

than that necessary to make employees more aware of the

medical ramifications of HIV/AIDS and the workplace rights

of HIV-positive employees.

(b) Nothing in this section shall prohibit, restrict, or otherwise

preclude an agency from conducting training bearing directly upon

the performance of official duties.

SEC. 628. No funds appropriated in this or any other Act

for fiscal year 1996 may be used to implement or enforce the

agreements in Standard Forms 312 and 4355 of the Government

or any other nondisclosure policy, form or agreement if such policy,

form or agreement does not contain the following provisions: ‘‘These

restrictions are consistent with and do not supersede, conflict with

or otherwise alter the employee obligations, rights or liabilities

created by Executive Order 12356; section 7211 of title 5, United

States Code (governing disclosures to Congress); section 1034 of

title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members

of the military); section 2302(b)(8) of title 5, United States Code,

as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety

threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C.

421 et seq.) (governing disclosures that could expose confidential

Government agents), and the statutes which protect against disclosure that may compromise the national security, including sections

Nondisclosure.

Employee

training.
109 STAT. 504 PUBLIC LAW 104–52—NOV. 19, 1995

641, 793, 794, 798, and 952 of title 18, United States Code, and

section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C.

section 783(b)). The definitions, requirements, obligations, rights,

sanctions and liabilities created by said Executive Order and listed

statutes are incorporated into this agreement and are controlling’’:

Provided, That notwithstanding the preceding paragraph, a

nondisclosure policy form or agreement that is to be executed by

a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the

United States Government, may contain provisions appropriate to

the particular activity for which such document is to be used.

Such form or agreement shall, at a minimum, require that the

person will not disclose any classified information received in the

course of such activity unless specifically authorized to do so by

the United States Government. Such nondisclosure forms must

also make it clear that they do not bar disclosures to Congress

or to an authorized official of an executive agency or the Department

of Justice that are essential to reporting a substantial violation

of law.

SEC. 629. (a) None of the funds appropriated by this or any

other Act may be expended by any Federal Agency to procure

any product or service that is subject to the provisions of Public

Law 89–306 and that will be available under the procurement

by the Administrator of General Services known as ‘‘FTS2000’’

unless—

(1) such product or service is procured by the Administrator

of General Services as part of the procurement known as

‘‘FTS2000’’; or

(2) that agency establishes to the satisfaction of the

Administrator of General Services that—

(A) that agency’s requirements for such procurement

are unique and cannot be satisfied by property and service

procured by the Administrator of General Services as part

of the procurement known as ‘‘FTS2000’’; and

(B) the agency procurement, pursuant to such delegation, would be cost-effective and would not adversely affect

the cost-effectiveness of the FTS2000 procurement.

(b) After July 31, 1996, subsection (a) shall apply only if the

Administrator of General Services has reported that the FTS2000

procurement is producing prices that allow the Government to

satisfy its requirements for such procurement in the most costeffective manner.

(c) The Comptroller General of the United States shall conduct

and deliver a comprehensive analysis of the cost to the Federal

Government of all Federal agency telecommunications services and

traffic, by agency, and provide such report to the House and Senate

Committees on Appropriations by no later than May 31, 1996:

Provided, That such report shall (1) identify which agencies are

using FTS2000 systems; (2) determine whether or not such usage

is cost-effective; and (3) provide a comparison of telecommunication

costs between agencies that use or do not use FTS2000.

SEC. 630. (a) Section 4–607(18) of title 4 of the District of

Columbia Code, is amended by inserting ‘‘the United States Secret

Service Uniformed Division, the United States Secret Service Division,’’ after ‘‘average pay of a member who was an officer or member

of’’.

Reports.

Effective date.

Contracts.

Telecommunications.

Classified

information.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 505

(b) Section 4–622 of title 4 of the District of Columbia Code,

is amended—

(A) in subsection (b)(1)(A) by striking out ‘‘Of the basis

upon which the annuity, relief, or retirement compensation

being received by such former member at the time of death

was computed’’ and inserting in lieu thereof ‘‘Of the adjusted

average pay of such former member’’;

(B) in subsection (c)(1)(A)(ii), by striking out ‘‘The basis

upon which the former member’s annuity at the time of death

was computed’’ and inserting in lieu thereof ‘‘The adjusted

average pay of the former member’’; and

(C) in subsection (c)(2)(B), by striking out the colon after

‘‘United States Secret Service Division’’ through clause (iii)

and inserting in lieu thereof ‘‘, 75 percent of the adjusted

average pay of the former member, divided by the number

of eligible children; or’’.

Sec. 631. (a) Section 5402 of title 39, United States Code,

is amended—

(1) in subsection (f) by striking out ‘‘During the period

beginning January 1, 1985, and ending January 1, 1999, the’’

and inserting in lieu thereof ‘‘The’’; and

(2) in subsection (g)(1) by amending subparagraph (D) to

read as follows:

‘‘(D) have provided scheduled service within the State

of Alaska for at least 12 consecutive months with aircraft—

‘‘(i) up to 7,500 pounds payload capacity before

being selected as a carrier of nonpriority bypass mail

at an applicable intra-Alaska bush service mail rate;

and

‘‘(ii) over 7,500 pounds payload capacity before

being selected as a carrier of nonpriority bypass mail

at the intra-Alaska mainline service mail rate.’’.

(b)(1) Subject to paragraph (2), the amendment made by subsection (a) shall be effective on and after August 1, 1995.

(2) Subparagraph (D) of section 5402(g)(1) title 39, United

States Code (as in effect before the amendment made under subsection (a)), shall apply to a carrier, if such carrier—

(A) has an application pending before the Department of

Transportation for approval under section 41102 or 41110(e)

of title 39, United States Code, before August 1, 1995; and

(B) would meet the requirements of such subparagraph

if such application were approved and such certificate were

purchased.

(c) Section 41901(g) of title 49, United States Code, is repealed.

SEC. 632. LIMITATION ON USE OF FUNDS FOR THE PROVISION

OF CERTAIN FOREIGN ASSISTANCE.—

(a) IN GENERAL.—Notwithstanding any other provision of law,

none of the funds made available by this Act for the Department

of the Treasury shall be available for any activity or for paying

the salary of any Government employee where funding an activity

or paying a salary to a Government employee would result in

a decision, determination, rule, regulation, or policy that would

permit the Secretary of the Treasury to make any loan or extension

of credit under section 5302 of title 31, United States Code, with

respect to a single foreign entity or government of a foreign country

(including agencies or other entities of that government)—

Effective date.

39 USC 5402

note.

Alaska.
109 STAT. 506 PUBLIC LAW 104–52—NOV. 19, 1995

(1) with respect to a loan or extension of credit for more

than 60 days, unless the President certifies to the Committee

on Banking, Housing, and Urban Affairs of the Senate and

the Committee on Banking and Financial Services of the House

of Representatives that—

(A) there is no projected cost (as that term is defined

in section 502 of the Federal Credit Reform Act of 1990)

to the United States from the proposed loan or extension

of credit; and

(B) any proposed obligation or expenditure of United

States funds to or on behalf of the foreign government

is adequately backed by an assured source of repayment

to ensure that all United States funds will be repaid;

and

(2) other than as provided by an Act of Congress, if that

loan or extension of credit would result in expenditures and

obligations, including contingent obligations, aggregating more

than $1,000,000,000 with respect to that foreign country for

more than 180 days during the 12-month period beginning

on the date on which the first such action is taken.

(b) WAIVER OF LIMITATIONS.—The President may exceed the

dollar and time limitations in subsection (a)(2) if he certifies in

writing to the Congress that a financial crisis in that foreign country

poses a threat to vital United States economic interests or to the

stability of the international financial system.

(c) EXPEDITED PROCEDURES FOR A RESOLUTION OF DISAPPROVAL.—A presidential certification pursuant to subsection (b)

shall not take effect, if the Congress, within thirty calendar days

after receiving such certification, enacts a joint resolution of disapproval, as described in paragraph (5) of this subsection.

(1) REFERENCE TO COMMITTEES.—All joint resolutions introduced in the Senate to disapprove the certification shall be

referred to the Committee on Banking, Housing and Urban

Affairs, and in the House of Representatives, to the appropriate

committees.

(2) DISCHARGE OF COMMITTEES.—(A) If the committee of

either House to which a resolution has been referred has not

reported it at the end of 15 days after its introduction, it

is in order to move either to discharge the committee from

further consideration of the joint resolution or to discharge

the committee from further consideration of any other resolution introduced with respect to the same matter, except no

motion to discharge shall be in order after the committee has

reported a joint resolution with respect to the same matter.

(B) A motion to discharge may be made only by an individual favoring the resolution, and is privileged in the Senate;

and debate thereon shall be limited to not more than 1 hour,

the time to be divided in the Senate equally between, and

controlled by, the majority leader and the minority leader or

their designees.

(3) FLOOR CONSIDERATION IN THE SENATE.—(A) A motion

in the Senate to proceed to the consideration of a resolution

shall be privileged.

(B) Debate in the Senate on a resolution, and all debatable

motions and appeals in connection therewith, shall be limited

to not more than 4 hours, to be equally divided between, and
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 507

controlled by, the majority leader and the minority leader or

their designees. (C) Debate in the Senate on any debatable motion or appeal

in connection with a resolution shall be limited to not more

than 20 minutes, to be equally divided between, and controlled

by, the mover and the manager of the resolution, except that

in the event the manager of the resolution is in favor of any

such motion or appeal, the time in opposition thereto, shall

be controlled by the minority leader or his designee. Such

leaders, or either of them, may, from time under their control

on the passage of a resolution, allot additional time to any

Senator during the consideration of any debatable motion or

appeal.

(D) A motion in the Senate to further limit debate on

a resolution, debatable motion, or appeal is not debatable.

No amendment to, or motion to recommit, a resolution is in

order in the Senate.

(4) In the case of a resolution, if prior to the passage

by one House of a resolution of that House, that House receives

a resolution with respect to the same matter from the other

House, then—

(A) the procedure in that House shall be the same

as if no resolution had been received from the other House;

but

(B) the vote on final passage shall be on the resolution

of the other House.

(5) For purposes of this subsection, the term ‘‘joint resolution’’ means only a joint resolution of the 2 Houses of Congress,

the matter after the resolving clause of which is as follows:

‘‘That the Congress disapproves the action of the President

under section 632(b) of the Treasury, Postal Service, and General Government Appropriations Act, 1996, notice of which

was submitted to the Congress on .’’, with the blank

space being filled with the appropriate date.

(d) APPLICABILITY.—This section—

(1) shall not apply to any action taken as part of the

program of assistance to Mexico announced by the President

on January 31, 1995; and

(2) shall remain in effect through fiscal year 1996.

SEC. 633. For purposes of each provision of law amended by

section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 5318

note), no adjustment under section 5303 of title 5, United States

Code, shall be considered to have taken effect in fiscal year 1996

in the rates of basic pay for the statutory pay systems.

SEC. 634. Notwithstanding any other provision of law, the

United States Customs Service shall transfer, without consideration, to the National Warplane Museum in Geneseo, New York,

2 seized and forfeited A–37 Dragonfly jets for display and museum

purposes.

SEC. 636. This section may be cited as the ‘‘Prohibition of

Cigarette Sales to Minors in Federal Buildings and Lands Act’’.

(a) As used in this section—

(1) the term ‘‘Federal agency’’ means—

(A) an Executive agency as defined in section 105

of title 5, United States Code; and

(B) each entity specified in subparagraphs (B) through

(H) of section 5721(1) of title 5, United States Code;

Prohibition of

Cigarette Sales

to Minors in

Federal

Buildings and

Lands Act.

40 USC 486 note.

Museum.

5 USC 5303 note.
109 STAT. 508 PUBLIC LAW 104–52—NOV. 19, 1995

(2) the term ‘‘Federal building’’ means—

(A) any building or other structure owned in whole

or in part by the United States or any Federal agency,

including any such structure occupied by a Federal agency

under a lease agreement; and

(B) includes the real property on which such building

is located;

(3) the term ‘‘minor’’ means an individual under the age

of 18 years; and

(4) the term ‘‘tobacco product’’ means cigarettes, cigars,

little cigars, pipe tobacco, smokeless tobacco, snuff, and chewing

tobacco.

(b)(1) No later than 45 days after the date of the enactment

of this Act, the Administrator of General Services and the head

of each Federal agency shall promulgate regulations that prohibit—

(A) the sale of tobacco products in vending machines located

in or around any Federal building under the jurisdiction of

the Administrator or such agency head; and

(B) the distribution of free samples of tobacco products

in or around any Federal building under the jurisdiction of

the Administrator or such agency head.

(2) The Administrator of General Services or the head of an

agency, as appropriate, may designate areas not subject to the

provisions of paragraph (1), if such area also prohibits the presence

of minors.

(3) The provisions of this subsection shall be carried out—

(A) by the Administrator of General Services for any Federal building which is maintained, leased, or has title of ownership vested in the General Services Administration; or

(B) by the head of a Federal agency for any Federal building

which is maintained, leased, or has title of ownership vested

in such agency.

(c) No later than 90 days after the date of enactment of this

Act, the Administrator of General Services and each head of an

agency shall prepare and submit, to the appropriate committees

of Congress, a report that shall contain—

(1) verification that the Administrator or such head of

an agency is in compliance with this section; and

(2) a detailed list of the location of all tobacco product

vending machines located in Federal buildings under the

administration of the Administrator or such head of an agency.

(d)(1) No later than 45 days after the date of the enactment

of this Act, the Senate Committee on Rules and Administration

and the House of Representatives Committee on House Oversight,

after consultation with the Architect of the Capitol, shall promulgate

regulations under the Senate and House of Representatives rulemaking authority that prohibit the sale of tobacco products in

vending machines in the Capitol Buildings.

(2) Such committees may designate areas where such prohibition shall not apply, if such area also prohibits the presence of

minors.

(3) For the purpose of this section the term ‘‘Capitol Buildings’’

shall have the same meaning as such term is defined under section

16(a)(1) of the Act entitled ‘‘An Act to define the area of the

United States Capitol Grounds, to regulate the use thereof, and

for other purposes’’, approved July 31, 1946 (40 U.S.C. 193m(1)).

Regulations.

Reports.

Regulations.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 509

(e) Nothing in this section shall be construed as restricting

the authority of the Administrator of General Services or the head

of an agency to limit tobacco product use in or around any Federal

building, except as provided under subsection (b)(1).

SEC. 637. NATIONAL COMMISSION ON RESTRUCTURING THE

INTERNAL REVENUE SERVICE.—

(a) FINDINGS.—The Congress finds the following:

(1) While the budget for the Internal Revenue Service

(hereafter referred to as the ‘‘IRS’’) has risen from $2.5 billion

in fiscal year 1979 to $7.3 billion in fiscal year 1996, tax

returns processing has not become significantly faster, tax

collection rates have not significantly increased, and the

accuracy and timeliness of taxpayer assistance has not significantly improved.

(2) To date, the Tax Systems Modernization (TSM) program

has cost the taxpayers $2.5 billion, with an estimated cost

of $8 billion. Despite this investment, modernization efforts

were recently described by the GAO as ‘‘chaotic’’ and ‘‘ad hoc’’.

(3) While the IRS maintains that TSM will increase efficiency and thus revenues, Congress has had to appropriate

additional funds in recent years for compliance initiatives in

order to increase tax revenues.

(4) Because TSM has not been implemented, the IRS

continues to rely on paper returns, processing a total of 14

billion pieces of paper every tax season. This results in an

extremely inefficient system.

(5) This lack of efficiency reduces the level of customer

service and impedes the ability of the IRS to collect revenue.

(6) The present status of the IRS shows the need for

the establishment of a Commission which will examine the

organization of IRS and recommend actions to expedite the

implementation of TSM and improve service to taxpayers.

(b) COMPOSITION OF THE COMMISSION.—

(1) ESTABLISHMENT.—To carry out the purposes of this

section, there is established a National Commission on

Restructuring the Internal Revenue Service (in this section

referred to as the ‘‘Commission’’).

(2) COMPOSITION.—The Commission shall be composed of

thirteen members, as follows:

(A) Five members appointed by the President, two

from the executive branch of the Government, two from

private life, and one from an organization that represents

a substantial number of Internal Revenue Service employees.

(B) Two members appointed by the Majority Leader

of the Senate, one from Members of the Senate and one

from private life.

(C) Two members appointed by the Minority Leader

of the Senate, one from Members of the Senate and one

from private life.

(D) Two members appointed by the Speaker of the

House of Representatives, one from Members of the House

of Representatives and one from private life.

(E) Two members appointed by the Minority Leader

of the House of Representatives, one from Members of

the House of Representatives and one from private life.

President.

Taxes.

26 USC 7801

note.
109 STAT. 510 PUBLIC LAW 104–52—NOV. 19, 1995

The Commissioner of the Internal Revenue Service shall be

an ex officio member of the Commission.

(3) CHAIRMAN.—The Commission shall elect a Chairman

from among its members.

(4) MEETING; QUORUM; VACANCIES.—After its initial meeting, the Commission shall meet upon the call of the Chairman

or a majority of its members. Seven members of the Commission

shall constitute a quorum. Any vacancy in the Commission

shall not affect its powers, but shall be filled in the same

manner in which the original appointment was made.

(5) APPOINTMENT; INITIAL MEETING.—

(A) APPOINTMENT.—It is the sense of the Congress

that members of the Committee should be appointed not

more than 60 days after the date of the enactment of

this section.

(B) INITIAL MEETING.—If, after 60 days from the date

of the enactment of this section, seven or more members

of the Commission have been appointed, members who

have been appointed may meet and select a Chairman

who thereafter shall have the authority to begin the operations of the Commission, including the hiring of staff.

(c) FUNCTIONS OF COMMISSION.—

(1) IN GENERAL.—The functions of the Commission shall

be—

(A) to conduct, for a period of not to exceed one year

from the date of its first meeting, the review described

in paragraph (2), and

(B) to submit to the Congress a final report of the

results of the review, including recommendations for

restructuring the IRS.

(2) REVIEW.—The Commission shall review—

(A) the present practices of the IRS, especially with

respect to—

(i) its organizational structure;

(ii) its paper processing and return processing

activities;

(iii) its infrastructure; and

(iv) the collection process;

(B) requirements for improvement in the following

areas:

(i) making returns processing ‘‘paperless’’;

(ii) modernizing IRS operations;

(iii) improving the collections process without

major personnel increases or increased funding;

(iv) improving taxpayer accounts management;

(v) improving the accuracy of information

requested by taxpayers in order to file their returns;

and

(vi) changing the culture of the IRS to make the

organization more efficient, productive, and customeroriented;

(C) whether the IRS could be replaced with a quasigovernmental agency with tangible incentives and

internally managing its programs and activities and for

modernizing its activities, and

Reports.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 511

(D) whether the IRS could perform other collection,

information, and financial service functions of the Federal

Government.

(d) POWERS OF THE COMMISSION.—

(1) IN GENERAL.—(A) The Commission or, on the authorization of the Commission, any subcommittee or member thereof,

may, for the purpose of carrying out the provisions of this

section—

(i) hold such hearings and sit and act at such times

and places, take such testimony, receive such evidence,

administer such oaths, and

(ii) require, by subpoena or otherwise, the attendance

and testimony of such witnesses and the production of

such books, records, correspondence, memoranda, papers,

and documents, as the Commission or such designated

subcommittee or designated member may deem advisable.

(B) Subpoenas issued under subparagraph (A)(ii) may be

issued under the signature of the Chairman of the Commission,

the chairman of any designated subcommittee, or any designated member, and may be served by any person designated

by such Chairman, subcommittee chairman, or member. The

provisions of sections 102 through 104 of the Revised Statutes

of the United States (2 U.S.C. 192–194) shall apply in the

case of any failure of any witness to comply with any subpoena

or to testify when summoned under authority of this section.

(2) CONTRACTING.—The Commission may, to such extent

and in such amounts as are provided in appropriation Acts,

enter into contracts to enable the Commission to discharge

its duties under this section.

(3) INFORMATION FROM FEDERAL AGENCIES.—The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent

establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes

of this section. Each such department, bureau, agency, board,

commission, office, establishment, or instrumentality shall, to

the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon

request made by the Chairman.

(4) ASSISTANCE FROM FEDERAL AGENCIES.—(A) The Secretary of the Treasury is authorized on a nonreimbursable

basis to provide the Commission with administrative services,

funds, facilities, staff, and other support services for the

performance of the Commission’s functions.

(B) The Administrator of General Services shall provide

to the Commission on a nonreimbursable basis such administrative support services as the Commission may request.

(C) In addition to the assistance set forth in subparagraphs

(A) and (B), departments and agencies of the United States

are authorized to provide to the Commission such services,

funds, facilities, staff, and other support services as they may

deem advisable and as may be authorized by law.

(5) POSTAL SERVICES.—The Commission may use the

United States mails in the same manner and under the same

conditions as departments and agencies of the United States.

(e) STAFF OF THE COMMISSION.—
109 STAT. 512 PUBLIC LAW 104–52—NOV. 19, 1995

(1) IN GENERAL.—The Chairman, in accordance with rules

agreed upon by the Commission, may appoint and fix the

compensation of a staff director and such other personnel as

may be necessary to enable the Commission to carry out its

functions, without regard to the provisions of title 5, United

States Code, governing appointments in the competitive service,

and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification

and General Schedule pay rates, except that no rate of pay

fixed under this subsection may exceed the equivalent of that

payable to a person occupying a position at level V of the

Executive Schedule under section 5316 of title 5, United States

Code. Any Federal Government employee may be detailed to

the Commission without reimbursement from the Commission,

and such detailee shall retain the rights, status, and privileges

of his or her regular employment without interruption.

(2) CONSULTANT SERVICES.—The Commission is authorized

to procure the services of experts and consultants in accordance

with section 3109 of title 5, United States Code, but at rates

not to exceed the daily rate paid a person occupying a position

at level IV of the Executive Schedule under section 5315 of

title 5, United States Code.

(f) COMPENSATION AND TRAVEL EXPENSES.—

(1) COMPENSATION.—(A) Except as provided in subparagraph (B), each member of the Commission may be compensated

at not to exceed the daily equivalent of the annual rate of

basic pay in effect for a position at level IV of the Executive

Schedule under section 5315 of title 5, United States Code,

for each day during which that member is engaged in the

actual performance of the duties of the Commission.

(B) Members of the Commission who are officers or employees of the United States or Members of Congress shall receive

no additional pay on account of their service on the Commission.

(2) TRAVEL EXPENSES.—While away from their homes or

regular places of business in the performance of services for

the Commission, members of the Commission shall be allowed

travel expenses, including per diem in lieu of subsistence, in

the same manner as persons employed intermittently in the

Government service are allowed expenses under section 5703(b)

of title 5, United States Code.

(g) FINAL REPORT OF COMMISSION; TERMINATION.—

(1) FINAL REPORT.—Not later than one year after the date

of the first meeting of the Commission, the Commission shall

submit to the Congress its final report, as described in subsection (c)(2).

(2) TERMINATION.—(A) The Commission, and all the

authorities of this section, shall terminate on the date which

is 60 days after the date on which a final report is required

to be transmitted under paragraph (1).

(B) The Commission may use the 60-day period referred

to in subparagraph (A) for the purpose of concluding its activities, including providing testimony to committees of Congress

concerning its final report and disseminating that report.

(h) AUTHORIZATION OF APPROPRIATIONS.—Such sums as may

be necessary are authorized to be appropriated for the activities

of the Commission.
PUBLIC LAW 104–52—NOV. 19, 1995 109 STAT. 513

LEGISLATIVE HISTORY—H.R. 2020:

HOUSE REPORTS: Nos. 104–183 (Comm. on Appropriations) and 104–291 (Comm.

of Conference).

SENATE REPORTS: No. 104–121 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 141 (1995):

July 18, 19, considered and passed House.

Aug. 5, considered and passed Senate, amended.

Nov. 15, House agreed to conference report; disagreed to Senate amendment.

Senate agreed to conference report; receded from its amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):

Nov. 19, Presidential statement.

Æ

(i) APPROPRIATIONS.—Notwithstanding any other provision of

this Act, $1,000,000 shall be available from fiscal year 1996 funds

appropriated to the Internal Revenue Service, ‘‘Information systems’’ account, for the activities of the Commission, to remain

available until expended.

SEC. 638. The Administrator of General Services shall, within

six months of enactment of this Act, report to Congress on the

feasibility of leasing agreements with State and local governments

and private sponsors for the construction of border stations on

the borders of the United States with Canada and Mexico whereby— (1) lease payments shall not exceed 30 years for payment

of the purchase price and interest;

(2) an agreement entered into under such provisions shall

provide for the title to the property and facilities to vest in

the United States on or before the expiration of the contract

term, on fulfillment of the terms and conditions of the agreement.

SEC. 639. TRANSFER OF CERTAIN FEDERAL PROPERTY IN NEW

JERSEY.—The first section of the Act entitled ‘‘An Act transferring

certain Federal property to the city of Hoboken, New Jersey’’,

approved September 27, 1982 (Public Law 97–268; 96 Stat. 1140),

is amended—

(1) in subsection (a), by adding ‘‘and’’ at the end; and

(2) by striking ‘‘Stat. 220), and’’ in subsection (b) and all

that follows through ‘‘New Jersey; concurrent with’’ and inserting the following: ‘‘Stat. 220);

concurrent with’’.

SEC. 640. Service performed during the period January 1, 1984,

through December 31, 1986, which would, if performed after that

period, be considered service as a law enforcement officer, as defined

in section 8401(17) (A)(i)(II) and (B) of title 5, United States Code,

shall be deemed service as a law enforcement officer for the purposes

of chapter 84 of such title.

This Act may be cited as the ‘‘Treasury, Postal Service, and

General Government Appropriations Act, 1996’’.

Approved November 19, 1995.

5 USC 8401 note.

Reports.