[Congressional Record Volume 152, Number 20 (Thursday, February 16, 2006)]
[Senate]
[Page S1409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    RENT RELIEF TO FEDERAL JUDICIARY

  Mr. CORNYN. Mr. President, I rise to discuss S. 2292, a bill to 
provide rent relief to the Federa1 judiciary. Our Federal judges and 
court administrators have expressed serious concerns about the rental 
charges assessed by the General Services Administration, GSA, in 
courthouses and other space occupied by the courts around the country. 
If enacted, this legislation would require the administrator of general 
services to charge the judicial branch no more rent than that which 
represents the actual costs of operating and maintaining its 
facilities. Specifically, it prohibits the General Services 
Administration from including amounts for capital costs, real estate 
taxes, except for those taxes actually paid by the administrator of 
general services to lessors, or administrative fees in rental charges.
  The current budgetary problems caused by the judiciary's rental 
payments must be addressed. In fiscal terms, since 1986, the Federal 
Courts' rental payments to GSA have increased from $133 million to $912 
million. The percentage of the judiciary's operating budget devoted to 
rent payments has escalated sharply from 15.7 percent in 1986 to about 
22 percent in 2004. During this same time, the share of the Federal 
budget provided to the judiciary has dwindled as Congress has sought to 
tackle our Nation's increasing budget deficit. Even as overall 
resources available to the judiciary dwindle, analysts project that 
rental payments will reach approximately $1.2 billion by 2009, which 
will be an estimated 25 percent of the judiciary's annual operating 
budget.
  I believe that the courts are doing everything they possibly can to 
contain their costs without adversely affecting the administration of 
justice. The Federal judiciary has imposed a 24-month moratorium on the 
construction of any new courthouses and has stopped planning for many 
projects. If rent relief is not granted to the judiciary, more 
personnel cuts will be required in the near future, including the loss 
of another 4,000 jobs over the next 4 years.
  In my view, this constitutes a near crisis in the Federal judiciary. 
Space and appropriate personnel play a significant role in our judicial 
system. The ready availability of appropriate courtrooms, jury 
deliberation and assembly rooms, and workspace for support staff all 
facilitate the administration of justice. Appropriate space for drug 
testing and monitoring of persons under supervision by Federal 
probation officers is of the utmost importance. It is critical that the 
courts have all the tools they need to carry out their mission. 
Providing this relief to the judiciary will allow them to improve the 
administration of justice for all Americans.
  Additionally, serious building-related security problems in existing 
courthouses are also a key consideration. Courthouses should have 
secure passage for detainees to be transported, separating public 
passageways from these individuals. Unfortunately, this is not the case 
in many courthouses, including several courthouses in my home state of 
Texas. As an example, I recently wrote to Attorney General Gonzales to 
urge him to ensure that funding is granted to fix security concerns 
identified at the Midland Federal Courthouse as soon as possible. 
Affording the judiciary rent relief so they can devote more money to 
courthouse security is a good first step.
  Finally, I think it is important to point out that this bill 
addresses the unequal treatment generally afforded the lower Federal 
courts. Many of the buildings used by other agencies and branches of 
the Federal Government are exempt from rent. For example, the 
Department of Defense pays no rent to GSA on the Pentagon or on 
military bases. The Treasury Department, which once housed GSA, pays no 
rent on the main Treasury building or on its Mints. The Supreme Court--
unlike the lower Federal courts--pays no rent. Likewise, the Federal 
Reserve Board, the FDIC, and many other quasi-federal agencies do not 
pay rent to GSA. There is no rent paid on Federal prisons, embassies, 
NIH facilities, nuclear facilities, VA hospitals, EPA labs, or national 
parks and national forest facilities. Congress does not pay rent on the 
Capitol Building we're deliberating in today. Nor does Congress pay 
rent on the Senate or House office buildings or surrounding structures. 
Congress is charged rent by GSA only for a small amount of space for 
congressional State and district offices. The Federal judiciary--
specifically, the lower Federal courts--lack that same advantage. This 
bill takes a step towards granting the judiciary equal treatment.
  It is important that all who enter our Nation's courts are ensured 
fair and equitable treatment. This bill is a critical component in 
achieving this goal. I will work with Senator Specter and the other co-
sponsors to get this bill moving through the judiciary committee as 
soon as possible.

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