[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4852 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives 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:
``Sec. 605. Budget estimates
    ``(a) The Director, under the supervision of the Judicial 
Conference of the United States, shall submit to Congress 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 operation of the judicial 
        survivors annuity fund and any supplemental and deficiency 
        estimates as may be required 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, except 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 
        approved 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 appropriations 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 paragraph, the Administrator of 
        General Services shall, at such times as are required by 
        Congress or the judicial branch to ensure timely development 
        and consideration of courthouse needs and budget requests, 
        prepare and submit directly--
                    ``(i) prospectuses, including cost estimates, for 
                future judicial branch construction, acquisition, 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 Appropriations of the Senate and House of 
                Representatives; 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, acquisition, 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 budget 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 allowance, 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 before October 16 of 
        each year; and
            ``(B) final estimated expenditures and proposed 
        appropriations for the judicial branch before December 24 of 
        each year, and such final estimates shall be identical to the 
        estimates to be submitted to Congress 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 department of the Government temporarily 
assigned for the purpose, and whose findings and recommendations shall 
be transmitted by the Director to the Judicial Conference.''.
    (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 section 605 of title 28 shall be included in the budget 
and submitted to the President in accordance with that section.''.
    (c) Responsibilities of the Administrator.--Except for the budget 
submission process provided in section 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 Administrative 
        Office of the United States Courts, the facility 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 Services 
        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 housing plans of 
        those elements of the executive branch which should be included 
        in buildings to be constructed, leased, or renovated for the 
        judicial branch where necessary to support the activities of 
        the judicial 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).
                                 <all>