[Congressional Record Volume 172, Number 113 (Monday, July 13, 2026)]
[Senate]
[Pages S3846-S3850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6645. Mr. TILLIS submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for
[[Page S3847]]
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Judicial Space and Facilities Management Effectiveness Act
of 2026
SEC. 1095. SHORT TITLE.
This subtitle may be cited as the ``Judicial Space and
Facilities Management Effectiveness Act of 2026''.
SEC. 1096. PILOT PROGRAM FOR TRANSFER OF CERTAIN JUDICIAL
BRANCH ACCOMMODATIONS AND AUTHORITY OF THE
DIRECTOR.
(a) In General.--Chapter 41 of title 28, United States
Code, is amended by inserting after section 604 the
following:
``Sec. 604A. Pilot program for transfer of jurisdiction,
custody, and control of certain judicial branch
accommodations to the Director; authority of the Director
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Alter.--The term `alter' includes--
``(A) preliminary planning, engineering, architectural,
legal, fiscal, and economic investigations and studies,
conducting surveys, preparing designs, plans, working
drawings, specifications, and procedures, and other similar
actions necessary for the alteration of any space or
facility; and
``(B) repairing, remodeling, improving, extending, or
making any other change in any space or facility.
``(3) Construct.--The term `construct' includes preliminary
planning, engineering, architectural, legal, fiscal, and
economic investigations and studies, conducting surveys,
preparing designs, plans, working drawings, specifications,
and procedures, and any other similar action necessary for
the construction of any space or facility.
``(4) Court accommodation.--The term `court accommodation'
includes--
``(A) the chambers and courtrooms of the Judiciary (other
than the Supreme Court of the United States); and
``(B) accommodations for all court-related functions and
for probation offices, pretrial service offices, Federal
Public Defender Organizations, the United States Sentencing
Commission, the Administrative Office of the United States
Courts, the Federal Judicial Center, and any other
administrative or clerical personnel associated with the
Judiciary.
``(5) Director.--The term `Director' means the Director of
the Administrative Office of the United States Courts.
``(6) Facility; building.--The terms `facility' or
`building' mean any building or other structure, including
its grounds, approaches, appurtenances, and parking spaces,
or any part thereof.
``(7) Federal agency; property.--The terms `Federal agency'
and `property' have the meanings given the terms `federal
agency' and `property', respectively, in section 102 of title
40.
``(8) Pilot program.--The term `pilot program' means the
program of all real property, to include federally owned
property and leases, in up to 10 judicial districts and the
Thurgood Marshall Federal Judiciary Building, where
jurisdiction, custody, and control have been transferred to
the Director
``(9) Public building.--The term `public building' has the
meaning given the term in section 3301(a) of title 40.
``(10) Space.--The term `space' means any interest, whether
fee simple or otherwise, in real property, including land,
buildings, structures, or parts thereof.
``(b) Limit to Pilot Program.--This section shall only
apply to the pilot program.
``(c) Authority of Director.--The Director is authorized to
establish a Judiciary Buildings Service under the direction
of the Administrative Office of the United States Courts to--
``(1) acquire, by purchase, condemnation, donation,
exchange, transfer, or otherwise, any space or facility that
the Director determines to be necessary for the provision of
court accommodations;
``(2) manage and operate any space or facility described in
paragraph (1);
``(3) alter any space or facility that is acquired under
the authority of this section as the Director determines is
necessary for the provision of court accommodations;
``(4) acquire and exercise any option for the acquisition
or lease of any land or an interest in land as the Director
determines is necessary for the provision of court
accommodations;
``(5) construct such facilities as the Director determines
is necessary for the provision of court accommodations;
``(6) lease, or acquire and exercise any option for the
acquisition of a lease, any space or facility as the Director
deems necessary for the provision of court accommodations and
manage that lease;
``(7) outlease space;
``(8) contract for utility services;
``(9) secure facilities in coordination with the United
States Marshals Service and the Federal Protective Service;
``(10) provide by contract or otherwise for the provision
of amenities, such as childcare, cafeterias, physical fitness
centers, credit unions, and others, to serve tenants and, if
appropriate, the public;
``(11) pay rent and make repairs, alterations, and
improvements under the terms of a lease for court
accommodations entered into by, or transferred to, the
Director;
``(12) pay ground rent for buildings owned by the Federal
Government or occupied by Federal agencies, and pay rent in
advance for leased property if required by law or if the
Director determines that advance payment is in the interest
of the Judiciary; and
``(13) perform such other duties as necessary to implement
this section.
``(d) Delegation of Authority.--The Director may delegate
any authority authorized by this section. The Director may
authorize successive redelegation of authority as permitted
by this section.
``(e) Architectural, Engineering, and Construction
Services.--The Director is authorized to employ, by contract
or otherwise, the services of architectural, engineering, and
construction firms, corporations, or individuals, to the
extent the Director may require such services for any space
or facility authorized to be constructed or altered under
this section.
``(f) Operation and Maintenance.--The Director is
authorized to employ, by contract or otherwise, the services
of corporations, firms, or individuals for the operation and
maintenance of any building under the jurisdiction, custody,
and control of the Director, to the extent the Director may
require such services.
``(g) Construction.--
``(1) Replacement of existing buildings.--If the Director
considers it to be in the best interest of the Judiciary to
construct a new space or facility to take the place of an
existing space or facility, the Director may demolish the
existing building and use the site on which it is located for
the site of the proposed space or facility. If the Director
believes that it is more advantageous to construct the space
or facility on a different site in the same city, town, or
other municipality, the Director may exchange the building
and site, or the site, for another site, or may transfer the
building and site.
``(2) Exchange or transfer of sites.--If the Director
determines that a site acquired for the construction of a
space or facility is not suitable for that purpose, the
Director may--
``(A) exchange the site for another site; or
``(B) declare the site to be excess and transfer the site
to the Administrator.
``(3) Construction or alteration by contract or
otherwise.--The Administrator may carry out a construction or
alteration authorized by this section by contract if the
Director considers it to be most advantageous to the
Government.
``(h) Leasing.--
``(1) In general.--Subject to paragraph (2), a lease
agreement under this section shall be on terms the Director
considers to be in the best interest of the judicial branch
and necessary for the accommodation of the Judiciary.
``(2) Limitations.--
``(A) Term.--A lease agreement under this section may not
bind the Government for more than 20 years.
``(B) Obligation.--The obligation of amounts for a lease
under this section is limited to the current fiscal year for
which payments are due, without regard to section
1341(a)(1)(B) of title 31.
``(i) Transfer of Court Accommodations.--
``(1) In general.--The Administrator shall not transfer,
dispose of, or close any court accommodation without
obtaining the prior consent of the Director.
``(2) Transfer.--
``(A) In general.--Upon request of the Director, and
consistent with the implementation provisions under section 5
of the Judicial Space and Facilities Management Effectiveness
Act of 2026, the Administrator shall transfer to the Director
the jurisdiction, custody, and control of any requested real
property owned or leased by the United States, and any lease
of real property made on behalf of the United States, that is
occupied by the judicial branch and critical to the
constitutional mission of the Judiciary.
``(B) Terms.--With respect to any transfer under
subparagraph (A)--
``(i) the transfer shall be nonreimbursable; and
``(ii) after completion of the transfer, the Director shall
be responsible for performing all building functions for the
applicable real property and to pay the costs of performing
such building functions instead of paying rent for that space
to the Administrator.
``(j) Request for Space or Services to Be Provided by the
Administrator.--
``(1) In general.--The Director may request that the
Administrator provide, acquire, or maintain such court
accommodations as may be required by the Judiciary. Upon such
a request of the Director, the Administrator shall provide
and maintain such court accommodations.
``(2) Multitenant facilities.--If court accommodations are
provided under this subsection by the Administrator in a
multitenant facility, the Administrator shall give priority
to providing court accommodations in contiguous space.
``(3) Alterations.--Consistent with regulatory requirements
and leasing responsibilities of the General Services
Administration, the Administrator shall endeavor to provide
such reasonable alterations to court accommodations provided
under this subsection as shall be requested and financed by
the Director.
[[Page S3848]]
``(4) Transfer.--The Director may transfer jurisdiction,
custody, and control or leasehold interest of any space or
facility acquired by the Director to the Administrator for
the provision or maintenance of court accommodations.
``(5) Disposal.--The Director may identify and transfer to
the Administrator for disposal, pursuant to section 542 of
title 40, any real property under the jurisdiction, custody,
and control of the Director, as the Director determines
necessary.
``(6) Funding requests.--The Administrator shall--
``(A) provide the Director, on a nonreimbursable basis,
information requested by the Director that assists the
Director in the development of funding requests by the
Director, including information regarding prospectus-level
repair and alteration projects; and
``(B) with respect to a project for which the Director does
not request funds, request funds in accordance with otherwise
applicable law.
``(7) Operation and management.--The Administrator shall
provide the Director secure access to systems, databases, and
information used to operate and manage Federal buildings
accommodating the Judiciary, including building automation
and control systems, real property inventories and data,
personal property inventories and data, work order management
systems, document archives, drawings, studies, and
contracting files.
``(k) Approval of Proposed Projects by Congress.--
``(1) Resolutions required before appropriations may be
made.--
``(A) Construction, purchase, and acquisition.--No
appropriation shall be used to construct, purchase, or
acquire any space or facility to be used as a court
accommodation which involves a total expenditure in excess of
$10,000,000, adjusted annually for inflation, if such
construction, purchase, or acquisition has not been approved
by resolutions adopted by the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(B) Alteration.--No appropriation shall be used to alter
any space or facility, or part thereof, which is under lease
by the Director if the cost of such alteration would exceed
$5,000,000, adjusted annually for inflation, unless such
alteration has been approved by resolutions adopted by the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives.
``(C) Transmission to congress of prospectus.--For the
purpose of securing consideration for such approval, the
Director shall transmit to the Congress a prospectus of the
proposed construction, purchase, acquisition, or alteration,
including the items set forth in paragraph (3) of this
subsection that are relevant to the proposal.
``(2) Lease resolutions required before appropriations may
be made.--
``(A) In general.--No appropriation shall be used to lease
any space or facility for a permanent court accommodation
which involves an average annual expenditure in excess of
$10,000,000, adjusted annually for inflation, if such lease
has not been approved by resolutions adopted by the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
``(B) Transmission to congress of prospectus and
statement.--For the purpose of securing consideration for
such approval, the Director shall transmit to the Congress--
``(i) a prospectus of the proposed space or facility
including the items set forth in paragraph (3) of this
subsection that are relevant to the proposal; and
``(ii) a written statement by the Director setting forth
the reasons why leasing such space or facility is necessary
to meet requirements which cannot be met in public buildings.
``(3) Transmission to congress of prospectus of proposed
project.--To secure consideration for the approval referred
to in paragraph (1) or (2) of this subsection, the Director
shall transmit to Congress a prospectus of the proposed space
or facility, including--
``(A) a brief description of the space or facility to be
constructed, altered, purchased, or acquired or the space to
be leased;
``(B) the location of the space or facility to be leased
and an estimate of the maximum cost to the Federal Government
of the facility to be constructed, altered, purchased, or
acquired, or the space to be leased;
``(C) a comprehensive plan for providing space for all
officers and employees of the judicial branch in the locality
of the proposed facility or the space to be leased, having
due regard for suitable space which may continue to be
available in existing Federal Government-owned or occupied
buildings, especially those buildings that enhance the
architectural, historical, social, cultural, and economic
environment of the locality;
``(D) with respect to any project for the construction,
alteration, or acquisition of any facility, a statement by
the Director that suitable alternative space already owned or
leased by the Federal Government in proximity to the location
chosen for such court accommodation is not available and that
suitable rental space is not available at a price
commensurate with that to be afforded through the proposed
action;
``(E) a statement of rents and other housing costs
currently being paid by the Federal Government for Federal
agencies to be housed in the facility to be constructed,
altered, or acquired, or the space to be leased;
``(F) with respect to any prospectus for the construction,
alteration, or acquisition of any facility or space to be
leased, an estimate of the future energy performance of the
facility or space and a specific description of the use of
energy efficient and renewable energy systems, including
photovoltaic systems, in carrying out the project;
``(G) a statement of how the proposed project is consistent
with the standards and criteria developed under section 11(b)
of the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287; 130 Stat. 1468);
``(H) information on any space occupied by the judicial
branch in the geographical area of the proposed facility,
including uses, any proposed consolidations, and, if not
proposed to be consolidated, a justification for such
determination; and
``(I) a statement by the Director of whether the facility
needs of the judicial branch for the proposed space to be
leased were formerly met by a Federally-owned building,
including any building identified for disposal or sale.
``(4) Increase of estimated maximum cost.--The estimated
maximum cost of any project approved under this subsection as
set forth in any prospectus may be increased by an amount
equal to any percentage increase, as determined by the
Director, in construction or alteration costs from the date
the prospectus is transmitted to Congress. The increase
authorized by this paragraph may not exceed 10 percent of the
estimated maximum cost. The Director shall notify, in
writing, the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of any increase of more than
5 percent of an estimated maximum cost or of any increase or
decrease in the scope or size of a project of 5 or more
percent. Such notification shall include an explanation
regarding any such increase or decrease. The scope or size of
a project shall not increase or decrease by more than 10
percent unless an amended prospectus is submitted and
approved pursuant to this section.
``(5) Rescissions of approval.--If an appropriation is not
made within 1 year after the date a project for construction,
purchase, alteration, or acquisition is approved under
paragraph (1), the Committee on Environment and Public Works
of the Senate or the Committee on Transportation and
Infrastructure of the House of Representatives by resolution
may rescind its approval before an appropriation is made.
``(6) Emergency leases by the director.--The Director may
enter into emergency leases during any period declared by the
President to require emergency leasing authority. An
emergency lease may not be for more than 180 days without
approval of a prospectus for the lease in accordance with
paragraph (2).
``(7) Minimum performance requirements for leased space.--
With respect to space to be leased, the Director shall
include, to the maximum extent practicable, minimum
performance requirements requiring energy efficiency and the
use of renewable energy.
``(8) Dollar amount adjustment.--The Director annually may
adjust any dollar amount referred to in this section to
reflect a percentage increase or decrease in construction
costs during the prior calendar year, as determined by the
composite index of construction costs of the Department of
Commerce. Any adjustment shall be expeditiously reported to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives.
``(9) Notification requirement.--For each project approved
under this subsection, the Director shall notify, in writing,
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives of any project milestones that are
accomplished, including--
``(A) the solicitation and award of design and construction
services;
``(B) the completion of any actions required for the
project pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
``(C) any ceremonies for the beginning or completion of the
project;
``(D) a naming ceremony for the project; and
``(E) the completion of the project.
``(10) Expiration of committee resolutions.--Unless a lease
is awarded or a construction, purchase, alteration, repair,
design, or acquisition project is initiated on or before the
date that is 5 years after the resolution of approval is
adopted by the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate pursuant to
paragraph (1) or (2), as applicable, the resolutions shall be
deemed expired.
``(l) Judicial Space and Facilities Management Fund.--
``(1) Fund.--
``(A) Establishment.--There is established in the Treasury
of the United States a fund to be known as the `Judicial
Space and Facilities Management Fund' (in this subsection
referred to as the `Space and Facilities Fund').
[[Page S3849]]
``(B) Deposits.--There shall be deposited in the Judicial
Space and Facilities Fund the following:
``(i) Transfers of amounts made available in the annual
appropriations Act for the Judiciary that are available for
the activities described in paragraph (3) in such amounts as
determined by the Director.
``(ii) Advances or reimbursements from any entity in the
judicial branch for the activities and services described in
paragraph (3).
``(iii) Advances and reimbursements obtained pursuant to
subsection (l) of this section and section 6506(a) of title
40.
``(iv) Such other funds as Congress may appropriate to the
Space and Facilities Fund from time to time, including funds
appropriated for projects approved pursuant to subsection
(j).
``(C) Availability.--Amounts deposited in the Space and
Facilities Fund shall be available until expended without
further appropriation for the purposes set forth in this
subsection.
``(2) Transfer of deposits.--The Director--
``(A) may transfer not more than $1,000,000 in a fiscal
year from the Space and Facilities Fund into the fund or
account from which the funds were originally appropriated;
and
``(B) if, not later than 15 days before the date of the
transfer, the Director provides notice to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives, may transfer
more than $1,000,000 in a fiscal year from the Space and
Facilities Fund into the fund or account from which the funds
were originally appropriated.
``(3) Use of the space and facilities fund.--The Space and
Facilities Fund shall be available for the acquisition,
alteration, construction, and management of space and
facilities and related activities, including--
``(A) the acquisition of space and facilities for court
accommodations;
``(B) the lease of space or facilities for court
accommodations;
``(C) the construction or alteration of facilities under
the jurisdiction, custody, and control of the Director;
``(D) the maintenance of space under the jurisdiction,
custody, and control of the Director;
``(E) the management, overhead costs, and information
technology requirements associated with the acquisition,
construction, lease, maintenance, or management of space
under the jurisdiction, custody, and control of the Director;
and
``(F) the provision of furniture, fixtures, and equipment.
``(4) Reimbursement of the general services
administration.--Amounts deposited into the Space and
Facilities Fund shall also be available for rent and
reimbursement to the General Services Administration for
court accommodations provided, altered, or maintained by the
General Services Administration.
``(5) Plan for meeting space and facilities management
needs.--The Director shall--
``(A) develop and annually revise, with the approval of the
Judicial Conference of the United States, a long-range plan
for meeting the space and facilities management needs of the
activities funded under this subsection; and
``(B) submit each plan under subparagraph (A) to--
``(i) the Committee on Appropriations and the Committee on
Environment and Public Works of the Senate; and
``(ii) the Committee on Appropriations and the Committee on
Transportation and Infrastructure of the House of
Representatives.
``(m) Use of Space and Facilities.--
``(1) Excess space.--The Director is authorized to make
available excess space in all facilities under the
jurisdiction, custody, and control of the Director to
entities not in the judicial branch on a reimbursable or
nonreimbursable basis, as determined appropriate by the
Director.
``(2) Federal agencies.--
``(A) In general.--The Director is authorized to charge
Federal agencies, and Federal agencies are authorized to pay,
by advance or reimbursement, a reasonable rate for
administering the space and other improvements (including the
cost of operation, maintenance, rehabilitation, security,
administrative overhead, and structural, mechanical, and
domestic care) furnished to Federal agencies.
``(B) Amount.--Charges under subparagraph (A) shall not
exceed the actual costs incurred by the Director for the
furnishing of such space and other improvements, including a
charge for the depreciation and future capital upgrades and
replacements.
``(3) Outleased space.--The Director is authorized to
charge a reasonable rate for outleased space, with the amount
to be determined by the Director and the entity.
``(n) Reimbursement of Administrator.--The Director shall
pay rent and reimburse the Administrator for court
accommodations provided or maintained by the General Services
Administration at rates to be negotiated with the Director,
but in no case shall such rates exceed the actual costs
incurred by the General Services Administration for the
provision of the court accommodation.
``(o) Audit Requirements.--
``(1) In general.--In accordance with section 604(a)(11),
the Director shall audit the vouchers and transactions of the
Space and Facilities Fund.
``(2) Independent certified public accounting firm.--Audits
under paragraph (1) shall be performed by an independent
certified public accounting firm.
``(3) Reports.--
``(A) In general.--Not later than 30 days after the date on
which an audit under this subsection is complete, the
Director shall submit to Congress a report on the audit.
``(B) Access of federal agencies.--Any Federal agency
occupying space within a Judiciary controlled property shall
have access to the a report submitted under subparagraph (A)
audit reports for that property upon request.
``(p) Federal Regulatory Requirements.--If the Director
acquires, constructs, leases, alters, or maintains any court
accommodations, whether by contract or otherwise, the
Director shall comply with statutory and regulatory
provisions which are applicable to all public buildings or
which otherwise are applicable to all Federal agencies,
including the judicial branch.
``(q) Application of Requirements.--The Judiciary Buildings
Service shall be subject to the compliance, financial
reporting, and fraud, waste, and abuse requirements of the
Administrative Office of the United States Courts.
``(r) Judicial Conference of the United States Supervision
and Direction.--The Director shall administer all authorities
under this section under the supervision and direction of the
Judicial Conference of the United States.''.
(b) Conforming Amendment.--The table of sections for
chapter 41 of title 28, United States Code, is amended by
inserting after the item relating to section 604 the
following:
``604A. Transfer of jurisdiction, custody, and control of certain
judicial branch accommodations to the Director; authority
of the Director.''.
SEC. 1097. THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING.
(a) In General.--Chapter 65 of title 40, United States
Code, is amended--
(1) in section 6501--
(A) in the section heading, by striking ``Definition'' and
inserting ``Definitions'';
(B) by striking ``this chapter, the term'' and inserting
the following: ``this chapter--
``(1) the term'';
(C) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(2) the term `Director' means the Director of the
Administrative Office of the United States Courts or the
designee of the Director, except that when there is a vacancy
in the office of the Director, the Acting Director or, in the
absence of the Acting Director, the Deputy Director shall be
deemed to be the Director for purposes of this chapter until
the vacancy is filled.'';
(2) in section 6502--
(A) in subsection (b)(2), by inserting ``, as in effect on
the day before the date of enactment of the Judicial Space
and Facilities Management Effectiveness Act of 2026,'' after
``section 6504 of this title''; and
(B) by striking subsection (g) and inserting the following:
``(g) Accounting System.--The Director shall maintain an
accounting system for operation and maintenance of the
Building and other improvements which will allow accurate
projections of the dates and cost of major repairs,
improvements, reconstructions, and replacements of the
Building and improvements and other capital expenditures on
the Building and improvements.'';
(3) by striking sections 6503 and 6504;
(4) by redesignating section 6505 as section 6503;
(5) in section 6503, as so redesignated--
(A) by striking subsection (a) and inserting the following:
``(a) Transfer of Jurisdiction.--
``(1) In general.--Effective on the date that is 181 days
after the date of enactment of the Judicial Space and
Facilities Management Effectiveness Act of 2026, the
jurisdiction, custody, and control of the Thurgood Marshall
Federal Judiciary Building shall be transferred to the
Director.
``(2) Terms.--The transfer under paragraph (1) shall be
nonreimbursable.
``(3) Responsibility.--After completion of the transfer
under paragraph (1), the Director shall be responsible for
performing all building functions relating to the Thurgood
Marshall Federal Judiciary Building and to pay the costs
thereof.''; and
(B) in subsection (b), by striking paragraph (3) and
inserting the following:
``(3) Reimbursement.--The Director shall transfer from the
Judicial Space and Facilities Management Fund established
under section 604A(l) of title 28 amounts necessary to
reimburse the United States Capitol Police for expenses
incurred in providing exterior security under this
subsection. The Capitol Police may accept amounts the
Director transfers under this paragraph. Those amounts shall
be credited to the appropriation account charged by the
Capitol Police in carrying out security duties.'';
(6) by redesignating section 6506 as section 6504;
(7) in section 6504, as so redesignated, by striking
subsections (a) though (f), and inserting the following:
``(a) Priority.--
``(1) Judicial branch.--Subject to this section, the
Director may make available to the judicial branch of the
Federal Government all space in the Thurgood Marshall Federal
Judiciary Building and other improvements constructed under
this chapter.
[[Page S3850]]
``(2) Other federal governmental entities.--The Director
may make available, on a reimbursable basis, to Federal
Government entities which are not part of the judicial
branch, and which are not staff of Members of Congress or
congressional committees, any space in the Building and other
improvements that the Director decides is not needed by the
judicial branch.
``(3) Other persons.--If any space remains, the Director
may sublease it to any person, pursuant to subsection (d).
``(b) Space for Judicial Branch and Other Federal
Governmental Entities.--Space made available under paragraph
(1) or (2) of subsection (a) is subject to--
``(1) terms and conditions necessary to carry out the
objectives of this chapter; and
``(2) reimbursement at an appropriate rental rate
established by the Director based on square foot of
occupiable space plus an amount necessary to pay each year
for the cost of administering the Building and other
improvements (including the cost of operation, maintenance,
rehabilitation, security, administrative overhead, and
structural, mechanical, and domestic care) that is
attributable to the space, with the amount to be determined
by the Director and, in the case of any Federal Governmental
entity not a part of the judicial branch, the entity.
``(c) Space for Judicial Branch.--
``(1) In general.--The Director may assign space made
available to the judicial branch under subsection (a)(1)
among offices of the judicial branch as the Director
considers appropriate.
``(2) Vacating occupied space.--When the Chief Justice
notifies the Director that the judicial branch requires
additional space in the Building and other improvements, the
Director shall accommodate those requirements within 90 days
after the date of the notification, except that if the space
was made available to the Administrator of General Services,
it shall be vacated expeditiously by not later than a date
the Chief Justice and the Director agree on.
``(3) Unoccupied space.--The Chief Justice has the right of
first refusal to use unoccupied space in the Building to meet
the needs of the judicial branch.
``(d) Outleased Space.--
``(1) Rental rate.--Space outleased by the Director under
subsection (a)(3) is subject to reimbursement at a reasonable
rate, with the amount to be determined by the Director and
the entity.
``(2) Collection of rent.--The Director shall collect, and
lessees are authorized to pay, rent for space outleased under
paragraph (3) of subsection (a).
``(e) Deposit of Rent and Reimbursements.--Amounts received
under subsection (a)(3) (including lease payments and
reimbursements) shall be deposited into the Judicial Space
and Facilities Management Fund established under section
604A(l) of title 28.''; and
(8) by striking section 6507.
(b) Conforming Amendments.--The table of sections for
chapter 65 of title 40, United States Code, is amended--
(1) by striking the item relating to section 6501 and
inserting the following:
``6501. Definitions.''; and
(2) by striking the items relating to sections 6503 through
6507 and inserting the following:
``6503. Structural and mechanical care and security.
``6504. Allocation of space.''.
SEC. 1098. CONFORMING AMENDMENTS.
(a) In General.--Section 3101 of title 40, United States
Code, is amended by striking ``All public buildings'' and
inserting ``Except as provided under section 604A of title 28
or chapter 65 of this title, all public buildings.''.
(b) Duties of the Director.--Section 604(a) of title 28,
United States Code is amended--
(1) in paragraph (11), by inserting ``and vouchers and
accounts relating to the Judiciary Buildings Service'' before
the semicolon;
(2) in paragraph (24), by striking ``and'' at the end;
(3) by redesignating paragraph (25) as paragraph (26); and
(4) by inserting after paragraph (24) the following:
``(25) Oversee and manage the Judiciary Buildings Service
in accordance with section 604A; and''.
SEC. 1099. IMPLEMENTATION OF ACT.
(a) Definitions.--In this section--
(1) the term ``Administration'' means the General Services
Administration;
(2) the term ``Administrator'' means the Administrator of
General Services;
(3) the term ``court accommodation'' has the meaning given
that term in section 604A(a) of title 28, United States Code,
as added by this Act; and
(4) the term ``Director'' means the Director of the
Administrative Office of the United States Courts.
(b) Implementation in General.--To ensure the orderly
transition of buildings from the Administration to the
Administrative Office of the United States Courts, the
Director is authorized to withhold from funds appropriated
for the payment of rent to the Administration by the Director
such sums as are necessary to implement the Judiciary
Buildings Service.
(c) Initial Transfer of Properties.--
(1) In general.--On and after the date of enactment of this
Act, the Director may request that the Administrator transfer
from the Administration to the Director jurisdiction,
custody, and control of any real property for the pilot
program described in section 604A of title 28, United States
Code, as added by this Act.
(2) Transfer.--Not later than 90 days after a request by
the Director to transfer jurisdiction, custody, and control
of any real property or lease under paragraph (1), or such
other date as is agreed to by the Director and the
Administrator, the Administrator shall transfer the property
or lease to the Director.
(3) Information.--For any real property or lease being
transferred to the Director, the Administrator shall provide
to the Director essential information required for the
transfer of building management, including detailed operating
costs, shell costs, budget projections, planned and ongoing
projects, condition assessments, drawings, operational
procedures, warranties, rental rates for each tenant,
occupancy data, agreements, and ongoing contracts.
(d) Report and Plan.--Not later than 2 years after the date
of enactment of this Act, and every 2 years thereafter, the
Director shall submit to the Committee on Environment and
Public Works and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of
Representatives a report--
(1) discussing the implementation and execution of real
property authority for the real property and leases
transferred as part of the pilot program described in section
604A of title 28, United States Code, as added by this Act;
and
(2) providing a plan and proposed timeline for the orderly
transfer of real property and leases in addition to the real
property and leases transferred under the pilot program
described in paragraph (1).
SEC. 1099A. SENSE OF CONGRESS.
It is the sense of Congress that if the Judiciary is
successful in its management of facilities that are
transferred to its jurisdiction, custody, and control, the
extension of real property authority over additional
facilities housing the Judiciary should be considered to
ensure that the administration of justice is not negatively
impacted by deficient facilities.
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