Home > 106th Congressional Bills > S. 1564 (ris) To protect the budget of the Federal courts. [Referral Instructions Senate] ...S. 1564 (ris) To protect the budget of the Federal courts. [Referral Instructions Senate] ...
Calendar No. 837
106th CONGRESS
2d Session
S. 1564
[Report No. 106-379]
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, Ms. Collins, Mr.
Hatch, and Mr. Leahy) 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
August 25, 2000
Reported under authority of the order of the Senate of July 26, 2000,
by Mr. Thompson, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
August 25, 2000
Referred to the Committee on the Budget, pursuant to the order of
August 4, 1977, for a period not to exceed 30 calendar days
September 27 (legislative day, September 22), 2000
Committee discharged pursuant to the order of August 4, 1977, and
placed on the calendar
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Federal Courts Budget
Protection Act''.</DELETED>
<DELETED>SEC. 2. BUDGET ESTIMATES.</DELETED>
<DELETED> (a) In General.--Section 605 of title 28, United States
Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 605. Budget estimates</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) preliminary planning, design and
cost estimates of future judicial branch construction,
acquisition, and repair and alteration projects to the
Director.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) For the purpose of preparing a unified Federal
budget by the President, the Director shall transmit to the President--
</DELETED>
<DELETED> ``(A) preliminary estimated expenditures and
proposed appropriations for the judicial branch before October
16 of each year; and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) assessing, with the Director of the
Administrative Office, facility requirements and specifications
and costs for the judicial branch; and</DELETED>
<DELETED> (2) the planning and performance of construction
and repair and alteration functions for the judicial
branch;</DELETED>
<DELETED>shall not be affected by section 605(a) of title 28, United
States Code, as added by subsection (a).</DELETED>
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).
Calendar No. 837
106th CONGRESS
2d Session
S. 1564
[Report No. 106-379]
_______________________________________________________________________
A BILL
To protect the budget of the Federal courts.
_______________________________________________________________________
September 27 (legislative day, September 22), 2000
Committee discharged and placed on the calendar
Pages: 1 Other Popular 106th Congressional Bills Documents:
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