I

106TH CONGRESS

2D SESSION H. R. 4852

To protect the budget of the Federal courts.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 2000

Mr. HYDE introduced the following bill; which was referred to the Committee

on the Judiciary, and in addition to the Committees on the Budget, and

Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To protect the budget of the Federal courts.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Federal Courts Budget

5 Protection Act’’.

6 SEC. 2. BUDGET ESTIMATES.

7 (a) IN GENERAL.—Section 605 of title 28, United

8 States Code, is amended to read as follows:
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1 ‘‘§ 605. Budget estimates

2 ‘‘(a) The Director, under the supervision of the Judi3 cial Conference of the United States, shall submit to Con4 gress before January 25 of each year annual estimates of

5 the following:

6 ‘‘(1)(A) The expenditures and appropriations

7 necessary for the maintenance and operation of the

8 courts and the Administrative Office and the oper9 ation of the judicial survivors annuity fund and any

10 supplemental and deficiency estimates as may be re11 quired for such purposes according to law.

12 ‘‘(B) The estimates required by this paragraph

13 shall be approved, before presentation to Congress,

14 by the Judicial Conference of the United States, ex15 cept that the estimate with respect to the Court of

16 International Trade shall be approved by that court

17 and the estimate with respect to the United States

18 Court of Appeals for the Federal Circuit shall be ap19 proved by that court.

20 ‘‘(2)(A) The expenditures and appropriations

21 necessary for real property construction activities,

22 including construction and acquisitions and repairs

23 and alterations, related to United States courthouses

24 and other space occupied by entities of the judicial

25 branch.
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1 ‘‘(B) Estimated expenditures and appropria2 tions under this paragraph shall be based on

3 prospectuses and other information provided by the

4 Administrator of General Services.

5 ‘‘(C) For the purpose of preparing estimated

6 expenditures and appropriations under this para7 graph, the Administrator of General Services shall,

8 at such times as are required by Congress or the ju9 dicial branch to ensure timely development and con10 sideration of courthouse needs and budget requests,

11 prepare and submit directly—

12 ‘‘(i) prospectuses, including cost estimates,

13 for future judicial branch construction, acquisi14 tion, and repair and alteration projects to the

15 Director, the Committee on Environment and

16 Public Works of the Senate, the Committee on

17 Transportation and Infrastructure of the House

18 of Representatives, and the Committees on Ap19 propriations of the Senate and House of Rep20 resentatives; and

21 ‘‘(ii) preliminary planning, design and cost

22 estimates of future judicial branch construction,

23 acquisition, and repair and alteration projects

24 to the Director.
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1 ‘‘(D) In accordance with estimates prepared

2 under this paragraph, funds may be appropriated to

3 the judicial branch for deposit into the Federal

4 Buildings Fund for the construction, acquisition,

5 and repair and alteration of Federal courthouses.

6 Funds deposited into the Federal Buildings Fund

7 under this subparagraph shall not be available for

8 expenses in connection with any construction, acqui9 sition, and repair and alteration project for which a

10 prospectus, if required by section 7 of the Public

11 Buildings Act of 1959 (40 U.S.C. 606), has not

12 been approved by the Committee on Environment

13 and Public Works of the Senate and the Committee

14 on Transportation and Infrastructure of the House

15 of Representatives, except that necessary funds may

16 be expended for each project for required expenses

17 in connection with the development of a proposed

18 prospectus.

19 ‘‘(b)(1) The estimates submitted to Congress under

20 subsection (a) shall also be submitted to the President for

21 inclusion in the budget of the United States. In each budg22 et of the United States Government submitted by the

23 President under the first sentence of section 1105(a) of

24 title 31, the President shall make no change or alterations

25 whatsoever, and shall not impose or otherwise recommend,
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1 directly or indirectly, implementation of a negative allow2 ance, rescission, or any other form of reduction or change

3 to such estimates.

4 ‘‘(2) For the purpose of preparing a unified Federal

5 budget by the President, the Director shall transmit to

6 the President—

7 ‘‘(A) preliminary estimated expenditures and

8 proposed appropriations for the judicial branch be9 fore October 16 of each year; and

10 ‘‘(B) final estimated expenditures and proposed

11 appropriations for the judicial branch before Decem12 ber 24 of each year, and such final estimates shall

13 be identical to the estimates to be submitted to Con14 gress under subsection (a).

15 ‘‘(c) The Director shall cause periodic examinations

16 of the judicial survivors annuity fund to be made by an

17 actuary, who may be an actuary employed by another de18 partment of the Government temporarily assigned for the

19 purpose, and whose findings and recommendations shall

20 be transmitted by the Director to the Judicial Con21 ference.’’.

22 (b) CONFORMING AMENDMENT.—Section 1105(b) of

23 title 31, United States Code, is amended by adding at the

24 end the following: ‘‘Estimated expenditures and proposed

25 appropriations for the judicial branch described under sec-
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1 tion 605 of title 28 shall be included in the budget and

2 submitted to the President in accordance with that sec3 tion.’’.

4 (c) RESPONSIBILITIES OF THE ADMINISTRATOR.—

5 Except for the budget submission process provided in sec6 tion 605(a)(2) of title 28, United States Code, as added

7 by subsection (a) of this section, the responsibilities of the

8 Administrator of General Services for—

9 (1) assessing, with the Director of the Adminis10 trative Office of the United States Courts, the facil11 ity requirements, specifications, and costs associated

12 with housing the needs of the judicial branch in

13 buildings to be constructed, leased, or renovated

14 through funds made available to the General Serv15 ices Administration from the Federal Buildings

16 Fund or any other source;

17 (2) the planning, cost estimating, design and

18 performance of construction, leasing and repair, and

19 alteration functions for the purpose of housing the

20 activities of the judicial branch; and

21 (3) the planning and determination of the hous22 ing plans of those elements of the executive branch

23 which should be included in buildings to be con24 structed, leased, or renovated for the judicial branch

25 where necessary to support the activities of the judi-
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1 cial branch or to best meet the needs of the Federal

2 community;

3 shall not be affected by section 605(a) of title 28, United

4 States Code, as added by subsection (a).

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