Pub. L. 101-162, tit. IV, sec. 404

Sec. 404. (a) For fiscal year 1990 and hereafter, such fees as shall be collected for the preparation and mailing of notices in bankruptcy cases as prescribed by the Judicial Conference of the United States pursuant to 28 U.S.C. 1930(b) shall be deposited to the “Courts of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses” appropriation to be used for salaries and other expenses incurred in providing these services. (b) Judiciary Automation Fund.— (1) Establishment and use of fund.—Chapter 41 of title 28, United States Code, is amended by adding at the end the following new section: “§ 612. Judiciary Automation Fund “(a) Establishment and Availability of Fund.—There is hereby established in the Treasury of the United States a special fund to be known as the ‘Judiciary Automation Fund’ (hereafter in this section referred to as the ‘Fund’). Moneys in the Fund shall be available to the Director without fiscal year limitation for the procurement (by lease, purchase, exchange, transfer, or otherwise) of automatic data processing equipment for the judicial branch of the United States. The Fund shall also be available for expenses, including personal services and other costs, for the effective management, coordination, operation, and use of automatic data processing equipment in the judicial branch. “(b) Plan for Meeting Automatic Data Processing Needs.— “(1) Development of plan.—The Director shall develop and annually revise, with the approval of the Judicial Conference of the United States, a long range plan for meeting the automatic 103 STAT. 1014data processing equipment needs of the judicial branch. Such plan and revisions shall be submitted to Congress. “(2) Expenditures consistent with plan.—The Director may use amounts in the Fund to procure automatic data processing equipment for the judicial branch of the United States only in accordance with the plan developed under paragraph (1). “(c) Deposits Into Fund.— “(1) Deposits.— There shall be deposited in the Fund— “(A) all proceeds resulting from activities conducted under subsection (a), including net proceeds of disposal of excess or surplus property and receipts from carriers and others for loss of or damage to property; “(B) amounts available for activities described in subsection (a) from funds appropriated to the judiciary; and “(C) any advances and reimbursements required by para-graph (2). “(2) Advances and reimbursements.—Whenever the Director procures automatic data processing equipment for any entity in the judicial branch other than the courts or the Administrative Office, that entity shall advance or reimburse the Fund, whichever the Director considers appropriate, for the costs of the automatic data processing equipment, from appropriations available to that entity. “(d) Authorization of Appropriations.—There are authorized to be appropriated to the Fund for any fiscal year such sums as are required to supplement amounts deposited under subsection (c) in order to conduct activities under subsection (a). “(e) Contract Authority.— “(1) For each fiscal year.— “(A) In fiscal year 1990, and in each succeeding fiscal year, the Director may enter into contracts for the procurement of automatic data processing equipment in amounts which, in the aggregate, do not exceed $75,000,000 in advance of the availability of amounts in the Fund for such contracts. “(2) Multiyear contracts.— In conducting activities under subsection (a), the Director is authorized to enter into multiyear contracts for automatic data processing equipment for periods of not more than five years for any contract, if— “(A) funds are available and adequate for payment of the costs of such contract for the first fiscal year and for payment of any costs of cancellation or termination of the contract; “(B) such contract is awarded on a fully competitive basis; and “(C) the Director determines that— “(i) the need for the automatic data processing equipment being provided will continue over the period of the contract; and “(ii) the use of the multi-year contract will yield substantial cost savings when compared with other methods of providing the necessary resources. “(3) Cancellation costs of multiyear contract.—Any cancellation costs incurred with respect to a contract entered into under paragraph (2) shall be paid from currently available amounts in the Fund. “(f) Applicability of Procurement Statute.—The procurement of automatic data processing equipment under this section shall be 103 STAT. 1015 conducted in compliance with section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759). “(g) Authority of Administrator of General Services.—Nothing in this section shall be construed to limit the authority of the Administrator of General Services under sections 111 and 201 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 and 759). “(h) Annual Report.—The Director shall submit to the Congress an annual report on the operation of the Fund, including on the inventory, use, and acquisition of automatic data processing equipment from the Fund and the consistency of such acquisition with the plan prepared under subsection (b). The report shall set forth the amounts deposited into the Fund under subsection (c). “(i) Reprogramming.—The Director of the Administrative Office of the United States Courts, under the supervision of the Judicial Conference of the United States, and upon notification to the Committees on Appropriations of the House of Representatives and the Senate, may use amounts deposited into the Fund under subparagraph (c)(1)(B) for purposes other than those established in subsection (a) only by following reprogramming procedures in compliance with provisions set forth in section 606 of Public Law 100–459. “(j) Appropriations Into the Fund.—If the budget request of the Judiciary is appropriated in full, the amount deposited into the Fund during any fiscal year under the authority of subparagraph (c)(1)(B) will be the same as the amount of funds requested by the Judiciary for activities described in subsection (a). If an amount to be deposited is not specified by Congress and if the full request is not appropriated, the amount to be deposited under (c)(1)(B) will be set by the spending priorities established by the Judicial Conference. “(k) Definition.—For purposes of this section, the term ‘automatic data processing equipment’ has the meaning given that term in section lll(a)(2)(A) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(a)(2))(A)). “(l) Termination of Authority.—The Fund, and the authorities conferred by this section, terminate on September 30, 1994. All unobligated amounts remaining in the Fund on that date shall be deposited into the ‘Judicial Services Account’ to be used to reimburse other appropriations.”. (2) Conforming amendment.—The table of sections at the beginning of chapter 41 of title 28, United States Code, is amended by adding at the end the following new item: “612. Judiciary Automation Fund.”.