H. R. 2378—28
SEC. 404. No funds made available by this Act shall be used
to transmit a fiscal year 1999 request for United States Courthouse
construction that: (1) does not meet the design guide standards
for construction as established and approved by the General Serv-
ices Administration, the Judicial Conference of the United States,
and the Office of Management and Budget; and (2) does not reflect
the priorities of the Judicial Conference of the United States as
set out in its approved 5-year construction plan: Provided, That
the fiscal year 1999 request must be accompanied by a standardized
courtroom utilization study of each facility to be constructed,
replaced, or expanded.
SEC. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usu-
ally provided through the Federal Buildings Fund, to any agency
which does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in compliance with the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 406. Section 10 of the General Services Administration
General Provisions, Public Law 100–440, is hereby repealed.
SEC. 407. Funds provided to other Government agencies by
the Information Technology Fund, General Services Administration,
under 40 U.S.C. 757 and sections 5124(b) and 5128 of Public Law
104–106, Information Technology Management Reform Act of 1996,
for performance of pilot information technology projects which have
potential for Government-wide benefits and savings, may be repaid
to this Fund from any savings actually incurred by these projects
or other funding, to the extent feasible.
SEC. 408. The Administrator of General Services is directed
to ensure that the materials used for the facade on the United
States Courthouse Annex, Savannah, Georgia project are compatible
with the existing Savannah Federal Building-United States Court-
house facade, in order to ensure compatibility of this new facility
with the Savannah historic district and to ensure that the Annex
will not endanger the National Landmark status of the Savannah
historic district.
SEC. 409. (a) The Act approved August 25, 1958, as amended
(Public Law 85–745; 3 U.S.C. 102 note), is amended by striking
section 2.
(b) Section 3214 of title 39, United States Code, is amended—
(1) in subsection (a) by striking ‘‘(a) Subject to subsection
(b), a’’ and inserting ‘‘A’’; and
(2) by striking subsection (b).
SEC. 410. There is hereby appropriated to the General Services
Administration such sums as may be necessary to repay debts
to the United States Treasury incurred pursuant to section 6 of
the Pennsylvania Avenue Development Corporation Act of 1972,
as amended (Public Law 92–578, 86 Stat. 1266, 40 U.S.C. 875),
and in addition such amounts as are necessary for payment of
interest and premiums, if any, related to such debts.
SEC. 411. From funds made available under the heading ‘‘Fed-
eral Buildings Fund Limitations on Revenue’’, claims against the
Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to
the Committees on Appropriations of the House and Senate.
H. R. 2378—29
SEC. 412. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator of General Services shall sell the
property described in subsection (b) through a process of competitive
bidding, in accordance with procedures and requirements applicable
to such a sale under section 203(e) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(e)).
(b) PROPERTY DESCRIBED.—The property referred to in sub-
section (a) is the property known as the Bakersfield Federal
Building, located at 800 Truxton Avenue in Bakersfield, California,
including the land on which the building is situated and all improve-
ments to such building and land.
SEC. 413. Section 201(b) of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 481) is amended to read
as follows:
‘‘(b)(1) The Administrator shall as far as practicable provide
any of the services specified in subsection (a) of this section to
any other Federal agency, mixed ownership corporation (as defined
in section 9101 of title 31, United States Code), or the District
of Columbia, upon its request.
‘‘(2)(A) Upon the request of a qualified nonprofit agency for
the blind or other severely handicapped that is to provide a commod-
ity or service to the Federal Government under the Javits-Wagner-
O’Day Act (41 U.S.C. 46 et seq.), the Administrator may provide
any of the services specified in subsection (a) to such agency to
the extent practicable.
‘‘(B) A nonprofit agency receiving services under the authority
of subparagraph (A) shall use the services directly in making or
providing an approved commodity or approved service to the Federal
Government.
‘‘(C) In this paragraph—
‘‘(i) The term ‘qualified nonprofit agency for the blind or
other severely handicapped’ means—
‘‘(I) a qualified nonprofit agency for the blind, as
defined in section 5(3) of the Javits-Wagner-O’Day Act
(41 U.S.C. 48b(3)); and
‘‘(II) a qualified nonprofit agency for other severely
handicapped, as defined in section 5(4) of such Act (41
U.S.C. 48b(4)).
‘‘(ii) The term ‘approved commodity’ and ‘approved service’
means a commodity and a service, respectively, that has been
determined by the Committee for Purchase from the Blind
and Other Severely Handicapped under section 2 of the Javits-
Wagner-O’Day Act (41 U.S.C. 47) to be suitable for procurement
by the Federal Government.’’.
FEDERAL PAYMENT TO MORRIS K. UDALL SCHOLARSHIP AND
EXCELLENCE IN NATIONAL ENVIRONMENTAL POLICY FOUNDATION
For payment to the Morris K. Udall Scholarship and Excellence
in National Environmental Trust Fund, to be available for purposes
of Public Law 102–259, $1,750,000, to remain available until
expended.
JOHN F. KENNEDY ASSASSINATION RECORDS REVIEW BOARD
For the necessary expenses to carry out the John F. Kennedy
Assassination Records Collection Act of 1992, $1,600,000: Provided,
That $100,000 shall be available only for the purposes of the prompt
H. R. 2378—30
and orderly termination of the John F. Kennedy Assassination
Records Review Board, to be concluded no later than September
30, 1998.
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 con-
ference rooms in the District of Columbia and elsewhere, hire
of passenger motor vehicles, and direct procurement of survey
printing, $25,290,000, 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 (including the Information Security Over-
sight Office) 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,
$205,166,500: 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 provide adequate storage for holdings.
ARCHIVES FACILITIES AND PRESIDENTIAL LIBRARIES REPAIRS AND
RESTORATION
For the repair, alteration, and improvement of archives facilities
and presidential libraries, and to provide adequate storage for hold-
ings, $14,650,000, 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, $5,500,000, to remain available until expended.
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
H. R. 2378—31
not to exceed $1,500 for official reception and representation
expenses; $8,265,000.
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 Num-
bered 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; advances for reimburse-
ments to applicable funds of the Office of Personnel Management
and the Federal Bureau of Investigation for expenses incurred
under Executive Order No. 10422 of January 9, 1953, as amended;
and payment of per diem and/or subsistence allowances to employ-
ees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty; $85,350,000; and
in addition $91,236,000 for administrative expenses, to be trans-
ferred from the appropriate trust funds of the Office of Personnel
Management without regard to other statutes, including direct
procurement of printed materials, for the retirement and insurance
programs: 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 through
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 No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President’s Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during the fiscal year ending September 30, 1998, 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.