[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1564 Referral Instructions Senate (RIS)]







106th CONGRESS
  1st Session
                                S. 1564

              To protect the budget of the Federal courts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

   Mr. Cochran (for himself, Mr. Stevens, Mr. Roth, and Ms. Collins) 
   introduced the following bill; which was read twice and referred 
 jointly pursuant to the order of August 4, 1977, to the Committees on 
  the Budget and Governmental Affairs, with instructions that if one 
committee reports, the other committee have thirty days to report or be 
                               discharged

_______________________________________________________________________

                                 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) Notwithstanding section 1105(b) of title 31, 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) 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.
            ``(C) 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, 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 including the estimates in the budget, 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) 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, facility requirements and specifications and costs for 
        the judicial branch; and
            (2) the planning and performance of construction and repair 
        and alteration functions for the judicial branch;
shall not be affected by section 605(a) of title 28, United States 
Code, as added by subsection (a).
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