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Judiciary Budget on Hold Until September

Congress recessed July 28 before the Senate could take up its version of H.R. 4690, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act of 2001. The House passed the appropriations bill in early July, giving the Judiciary a 6.6 percent increase over the fiscal year 2000 enacted appropriations. Although as The Third Branch went to press the Senate Appropriations Committee report was not available, it is understood that the Senate, when it takes up the bill again in mid-September, will be considering an appropriations bill with a 7.4 percent increase for the Judiciary.

"The Judiciary will receive a higher level of funding in the Senate bill than in the House bill," said Administrative Office Director Leonidas Ralph Mecham. "That is encouraging news, considering the Senate's current tight budget allocation. But we're hopeful we'll do better when the bill is conferenced between the House and the Senate, as we did last year. After all, the Judiciary still needs between a 9 and 10 percent in-crease in overall appropriations to fully fund our FY 2001 program requests."

The appropriations bill reported by the Senate Appropriations Committee is believed to include funds at a current services level for the Salaries and Expenses account. Court Security is funded at a slightly higher level than in the House, but still falls short of sufficient funding for existing Court Security Officer needs. For Defender Services, the Senate bill does not provide any funds for a panel attorney rate increase, and, in fact, funds may not be sufficient to cover the entire fiscal year for that account. And while the Senate appropriations bill provides funds at or slightly above current services levels for the Supreme Court, the Court of International Trade, the Federal Circuit, and the Federal Judicial Center, the Administrative Office takes a 10 percent cut from the FY 2000 level. Funding at the Senate level would leave the AO over $8 million short of current services and would result in substantial reductions in AO staff. Chief Justice William H. Rehnquist and Judicial Conference Executive Committee chair, Chief Judge Ralph K. Winter, have written to members of the Senate Appropriations Committee saying the AO's work is vital to the Judiciary, that a projected 25 percent reduction in AO staff would adversely affect the judicial branch, and urging that the funds be restored to the AO.

Courthouse Funding

The Senate Committee on Environment and Public Works authorized 17 courthouses, all at full funding level for fiscal year 2001. The 17 courthouses are the same as the Judiciary/General Services Administration's priority courthouse project list. The House Committee on Transportation and Infrastructure authorized 16 of the 17 courthouses on the list, postponing one project for further consideration. Although authorizations are completed with the exception of the courthouse in Miami, Florida, construction funds still must be appropriated.

The Senate Appropriations Committee included funding for four courts in the bill making appropriations for the Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain Independent Agencies, but the money would not be available until fiscal year 2002—which essentially means there is no money for courthouses in fiscal year 2001 in the Senate bill. The full Senate has yet to consider the bill. The courthouses funded by the Senate Appropriations Committee are Los Angeles, CA; Seattle, WA; Richmond, VA; and Gulfport, MS.

The Treasury, Postal appropriations bill passed by the House did not contain courthouse funding.

Just before the August recess, there was a last-minute attempt to attach a quickly negotiated conference report on the Treasury, Postal appropriations bill to the House-Senate conference report on the legislative branch appropriations bill. Congress may attempt to bring this conference agreement up again in September. This agreement provides FY 2001 funding for the same four courthouses funded by the Senate Appropriations Committee and funds an additional four with advance 2002 money. The additional four courthouses are Washington, DC; Buffalo, NY; Springfield, MA; and Miami, FL. Administrative Office staff, members of Congress with proposed courthouses in their districts, and federal judges continue to work with members and staff of the key appropriations committees in support of the Judiciary's courthouse construction program. Hopefully, money will be found to fund courthouses in 2001.