H. R. 2020—39
(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
DIS-
APPROVAL.—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 dis-
approval, as described in paragraph (5) of this subsection.
(1) REFERENCE TO COMMITTEES.—All joint resolutions intro-
duced 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 resolu-
tion 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 individ-
ual 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
H. R. 2020—40
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 resolu-
tion’’ 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 Gen-
eral 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 consider-
ation, 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;
H. R. 2020—41
(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 Fed-
eral building which is maintained, leased, or has title of owner-
ship 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 rule-
making authority that prohibit the sale of tobacco products in
vending machines in the Capitol Buildings.
(2) Such committees may designate areas where such prohibi-
tion 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)).
H. R. 2020—42
(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 signifi-
cantly 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 effi-
ciency 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 employ-
ees.
(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.
H. R. 2020—43
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 meet-
ing, 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 oper-
ations 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 customer-
oriented;
(C) whether the IRS could be replaced with a quasi-
governmental 
agency 
with 
tangible 
incentives 
and
internally managing its programs and activities and for
modernizing its activities, and
H. R. 2020—44
(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 authoriza-
tion 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 des-
ignated 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 Commis-
sion is authorized to secure directly from any executive depart-
ment, bureau, agency, board, commission, office, independent
establishment, or instrumentality of the Government, informa-
tion, 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, sugges-
tions, estimates, and statistics directly to the Commission, upon
request made by the Chairman.
(4) ASSISTANCE
FROM
FEDERAL
AGENCIES.—(A) The Sec-
retary 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 administra-
tive 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.—
H. R. 2020—45
(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 sub-
chapter 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 subpara-
graph (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 employ-
ees 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 sub-
section (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 activi-
ties, 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.
H. R. 2020—46
(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 sys-
tems’’ 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 agree-
ment.
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 insert-
ing 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’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.