White House Cuts Courthouses for FY 2004

The President’s fiscal year 2004 budget request provides no funds for the 26 courthouses on the Judiciary’s courthouse construction prioritization list that were requested by the General Services Administration. As a result, the Judicial Conference will consider submitting its own courthouse construction request directly to Congress in an effort to secure the necessary funds. Twelve courthouses are included in the FY 2003 omnibus appropriations bill. Funding for these projects may be affected by across-the-board cuts now being considered for all FY 2003 accounts in the omnibus bill.

Funding for courthouse construction projects is normally included in the General Services Administration portion of the President’s Budget.

“The General Services Administration submitted our 2004 request to OMB [Office of Management and Budget] in priority order with the exception of a few projects that are not ready for contract award,” said Administrative Office Director Leonidas Ralph Mecham. “When it became clear OMB would not include our request, we appealed directly to President Bush to include the courthouses in the Administration’s budget.”

Judge Jane Roth (3rd Cir.), chair of the Judicial Conference Committee on Security and Facilities, Judge John G. Heyburn II (W.D. Ky.), chair of the Conference Committee on the Budget, and Mecham met with OMB Director Mitchell Daniels to make the case for the inclusion of these courthouse projects in the 2004 budget. Congressional delegations were also contacted in districts for which the courthouses had been planned.

“Despite our best efforts, the 2004 fiscal year budget was sent to Congress without courthouse funding,” said Mecham. “Therefore, the Committee on Security and Facilities has determined that the Judiciary should submit a request directly to Congress for courthouse construction funding for FY 04.” The Judicial Conference previously had approved this procedure in September 1998.

From FY 1998 through 2000, OMB “zeroed out” the Judiciary’s requests for courthouse construction funding. Consequently, no funds for courthouse projects were included in the President’s budget request, although Congress acted independently to provide courthouse funding in FY 1999. In the FY 2001 budget, OMB reduced the courthouse construction request and attempted to impose an arbitrary courtroom sharing policy, which was ultimately rejected by Congress.

The Judiciary’s prioritization process takes into consideration the year the current courthouse will be out of space, security concerns, operational concerns, including the condition of the building and workspaces, and the number of judges affected by the project who may be left without courtrooms.

Courthouse Projects Being Considered for Funding in the FY 2003 Omnibus Appropriations Bill
Brooklyn, NY	Add’l Construction
Eugene, OR	Construction
Ft. Pierce, FL	Design
Orlando, FL	Construction
Jackson, MS	Design
Austin, TX	Site & Design
San Diego, CA (USDC)	Add’l Site & Design
Salt Lake City, UT	Add’l Site & Design
Little Rock, AR	Construction
Cedar Rapids, IA	Design
Cape Girardeau, MO	Construction
Nashville, TN	Design
Courthouses in the Judiciary’s Five-Year Plan for FY 2004 The following lists of courthouses were sent to OMB for inclusion in the FY 2004 budget, but were not included by the White House in the FY 2004 budget sent to Congress. Requirements Unfunded From Prior Fiscal Year Plans
Los Angeles, CA	Add’l Design/Construction
Richmond, VA	Add’l Design/Construction
San Antonio, TX	Design
Anniston, AL	Site & Design
Harrisburg, PA	Site & Design
Greenville, SC	Site & Design
Toledo, OH	Site & Design
Charlotte, NC	Site & Design
Orlando, FL	Construction
Savannah, GA	Add’l Design/Construction
San Jose, CA	Add’l Site/Design
FY 2004 Requirements
Buffalo, NY	Construction
Ft. Pierce, FL	Construction
Jackson, MS	Construction
El Paso, TX	Add’l Site & Design/Construction
Mobile, AL	Add’l Design/Construction
Norfolk, VA	Construction
Las Cruces, NM	Add’l Design/Construction
Salt Lake City, UT	Construction
Rockford, IL	Add’l Site & Design/Construction
Ft. Lauderdale, FL	Site & Design
Greensboro, NC	Site & Design
Benton, IL	Site & Design
Cedar Rapids, IA	Construction
Nashville, TN	Construction
Sioux Falls, SD	Site & Design