Rent Relief to Federal Judiciary

RENT RELIEF TO FEDERAL JUDICIARY -- (Senate - February 16, 2006)

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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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