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 deter-
mined 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Courts Budget
Protection Act’’.
SEC. 2. BUDGET ESTIMATES.
(a) IN GENERAL.—Section 605 of title 28, United
States Code, is amended to read as follows:
‘‘§ 605. Budget estimates
‘‘(a) The Director, under the supervision of the Judi-
cial Conference of the United States, shall submit to Con-
gress before January 25 of each year annual estimates of
the following:
‘‘(1)(A) The expenditures and appropriations
necessary for the maintenance and operation of the
courts and the Administrative Office and the oper-
ation of the judicial survivors annuity fund and any
supplemental and deficiency estimates as may be re-
quired for such purposes according to law.
‘‘(B) The estimates required by this paragraph
shall be approved, before presentation to Congress,
by the Judicial Conference of the United States, ex-
cept that the estimate with respect to the Court of
International Trade shall be approved by that court
and the estimate with respect to the United States
Court of Appeals for the Federal Circuit shall be ap-
proved by that court.
‘‘(2)(A) The expenditures and appropriations
necessary for real property construction activities,
including construction and acquisitions and repairs
and alterations, related to United States courthouses
and other space occupied by entities of the judicial
branch.
‘‘(B) Estimated expenditures and appropria-
tions under this paragraph shall be based on
prospectuses and other information provided by the
Administrator of General Services.
‘‘(C) For the purpose of preparing estimated
expenditures and appropriations under this para-
graph, the Administrator of General Services shall,
at such times as are required by Congress or the ju-
dicial branch to ensure timely development and con-
sideration of courthouse needs and budget requests,
prepare and submit directly—
‘‘(i) prospectuses, including cost estimates,
for future judicial branch construction, acquisi-
tion, and repair and alteration projects to the
Director, the Committee on Environment and
Public Works of the Senate, the Committee on
Transportation and Infrastructure of the House
of Representatives, and the Committees on Ap-
propriations of the Senate and House of Rep-
resentatives; and
‘‘(ii) preliminary planning, design and cost
estimates of future judicial branch construction,
acquisition, and repair and alteration projects
to the Director.
‘‘(D) In accordance with estimates prepared
under this paragraph, funds may be appropriated to
the judicial branch for deposit into the Federal
Buildings Fund for the construction, acquisition,
and repair and alteration of Federal courthouses.
Funds deposited into the Federal Buildings Fund
under this subparagraph shall not be available for
expenses in connection with any construction, acqui-
sition, and repair and alteration project for which a
prospectus, if required by section 7 of the Public
Buildings Act of 1959 (40 U.S.C. 606), has not
been approved by the Committee on Environment
and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House
of Representatives, except that necessary funds may
be expended for each project for required expenses
in connection with the development of a proposed
prospectus.
‘‘(b)(1) The estimates submitted to Congress under
subsection (a) shall also be submitted to the President for
inclusion in the budget of the United States. In each budg-
et of the United States Government submitted by the
President under the first sentence of section 1105(a) of
title 31, the President shall make no change or alterations
whatsoever, and shall not impose or otherwise recommend,
directly or indirectly, implementation of a negative allow-
ance, rescission, or any other form of reduction or change
to such estimates.
‘‘(2) For the purpose of preparing a unified Federal
budget by the President, the Director shall transmit to
the President—
‘‘(A) preliminary estimated expenditures and
proposed appropriations for the judicial branch be-
fore October 16 of each year; and
‘‘(B) final estimated expenditures and proposed
appropriations for the judicial branch before Decem-
ber 24 of each year, and such final estimates shall
be identical to the estimates to be submitted to Con-
gress under subsection (a).
‘‘(c) The Director shall cause periodic examinations
of the judicial survivors annuity fund to be made by an
actuary, who may be an actuary employed by another de-
partment of the Government temporarily assigned for the
purpose, and whose findings and recommendations shall
be transmitted by the Director to the Judicial Con-
ference.’’.
(b) CONFORMING AMENDMENT.—Section 1105(b) of
title 31, United States Code, is amended by adding at the
end the following: ‘‘Estimated expenditures and proposed
appropriations for the judicial branch described under sec-
tion 605 of title 28 shall be included in the budget and
submitted to the President in accordance with that sec-
tion.’’.
(c) RESPONSIBILITIES OF THE ADMINISTRATOR.—
Except for the budget submission process provided in sec-
tion 605(a)(2) of title 28, United States Code, as added
by subsection (a) of this section, the responsibilities of the
Administrator of General Services for—
(1) assessing, with the Director of the Adminis-
trative Office of the United States Courts, the facil-
ity requirements, specifications, and costs associated
with housing the needs of the judicial branch in
buildings to be constructed, leased, or renovated
through funds made available to the General Serv-
ices Administration from the Federal Buildings
Fund or any other source;
(2) the planning, cost estimating, design and
performance of construction, leasing and repair, and
alteration functions for the purpose of housing the
activities of the judicial branch; and
(3) the planning and determination of the hous-
ing plans of those elements of the executive branch
which should be included in buildings to be con-
structed, leased, or renovated for the judicial branch
where necessary to support the activities of the judi-
cial branch or to best meet the needs of the Federal
community;
shall not be affected by section 605(a) of title 28, United
States Code, as added by subsection (a).
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