SenateS. 5194119th Congress
Judicial Space and Facilities Management Effectiveness Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5194 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5194
To amend title 28, United States Code, to improve the maintenance,
alteration, and construction of United States courthouses, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2026
Mr. Durbin (for himself, Mr. Cramer, and Mr. Boozman) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to improve the maintenance,
alteration, and construction of United States courthouses, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial Space and Facilities
Management Effectiveness Act of 2026''.
SEC. 2. 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) Covered judicial district.--The term `covered
judicial district' means a judicial district in which the
Director has identified real property under subsection (b).
``(4) Covered property.--The term `covered property'
means--
``(A) any real property owned or leased by the
United States, and any lease of real property made on
behalf of the United States, that--
``(i) is located in a covered judicial
district;
``(ii) contains court accommodations; and
``(iii) for which jurisdiction, custody,
and control is transferred to the Director
under subsection (i); and
``(B) the Thurgood Marshall Federal Judiciary
Building.
``(5) 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.
``(6) 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.
``(7) Director.--The term `Director' means the Director of
the Administrative Office of the United States Courts.
``(8) 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.
``(9) 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.
``(10) Public building.--The term `public building' has the
meaning given the term in section 3301(a) of title 40.
``(11) Space.--The term `space' means any interest, whether
fee simple or otherwise, in real property, including land,
buildings, structures, or parts thereof.
``(12) Space and facilities fund.--The term `Space and
Facilities Fund' means the Judicial Space and Facilities
Management Fund established under subsection (l)(1)(A).
``(b) Identification of Judicial Districts for Pilot Program.--The
Director shall identify real property that is owned or leased by the
Federal Government and that contains court accommodations in not more
than 10 judicial districts for which jurisdiction, custody, and control
shall be transferred to the Director in accordance with this section.
``(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 located
in a covered judicial district 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, that is located
in a covered judicial district as the Director determines is
necessary for the provision of court accommodations;
``(5) construct such facilities in a covered judicial
district 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 located in a
covered judicial district as the Director deems necessary for
the provision of court accommodations and manage that lease;
``(7) outlease space located in a covered property;
``(8) contract for utility services for covered properties;
``(9) secure covered properties in coordination with the
United States Marshals Service and the Federal Protective
Service;
``(10) for covered properties, 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 in a covered property entered into by, or
transferred to, the Director;
``(12) pay ground rent for buildings located in a covered
judicial district that are 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 in a covered property, 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 in a covered judicial district 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 in the
covered judicial district; 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 located in a
covered judicial district 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 located in a covered judicial district, is occupied
by the judicial branch, and is 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 in a covered
judicial district 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.
``(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.--For real property for
which jurisdiction, custody, and control is transferred to the
Director under this section, the Administrator shall provide
secure access to systems, databases, and information used to
operate and manage the real property, 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 located in a covered
judicial district that is to be used as a court
accommodation and 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, that
is located in a covered judicial district and 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 that is located in a covered judicial
district and 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'.
``(B) Deposits.--There shall be deposited in the
Space and Facilities Fund the following:
``(i) Amounts appropriated to the Judiciary
in annual appropriations Acts 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 (m) 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
(k).
``(C) Availability.--Amounts deposited in the Space
and Facilities Fund shall be available until expended
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 in a covered judicial district;
``(B) the lease of space or facilities for court
accommodations in a covered judicial district;
``(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.
``(6) Quarterly reporting.--Not later than 90 days after
the end of each fiscal quarter, beginning with the first fiscal
quarter in which the transfer of jurisdiction, custody, and
control of any real property or lease takes place under this
section, the Director shall submit to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a report on
expenditure activity of the Judiciary Buildings Service for the
fiscal quarter that includes--
``(A) any amounts deposited in the Space and
Facilities Fund during the fiscal quarter and
cumulatively during the most recent fiscal year;
``(B) any amounts obligated from the Space and
Facilities Fund during the fiscal quarter and
cumulatively during the most recent fiscal year,
including amounts used for--
``(i) rent and reimbursements to the
General Services Administration under
subsection (l)(4);
``(ii) operating costs for facilities
transferred to the Director under subsection
(i);
``(iii) leasing costs for leases executed
or assumed by the Director;
``(iv) management and administrative costs
resulting from the execution of authority under
this section; and
``(v) capital costs for facilities
transferred to the Director under subsection
(i); and
``(C) a list of each capital expenditure project
for which the total expenditure or cost exceeded the
applicable threshold under subsection (k)(1),
including--
``(i) a description of the project,
including milestones reached during the fiscal
quarter;
``(ii) the total cost estimate of the
project, including an explanation of any
diversion from a previously reported estimate;
``(iii) the expected date of completion,
including an explanation of any delay from
previous reporting; and
``(iv) obligations for the project--
``(I) during the fiscal quarter;
``(II) cumulatively during the most
recent fiscal year; and
``(III) cumulatively overall.
``(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
cover the full cost incurred by the Director for the
furnishing of such space or 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.--The Director shall audit the vouchers
and transactions of the Space and Facilities Fund annually.
``(2) Requirements.--An audit described in paragraph (1)
shall be performed by an independent certified public
accounting firm.
``(3) Submission to congress.--Not later than 30 days after
the results of an audit described in paragraph (1) are issued,
the Director shall submit to Congress a report regarding the
audit.
``(4) Access for federal agencies.--Upon request by a
Federal agency occupying space within a property under the
jurisdiction, custody, and control of the Director, the
Director shall provide access to the audit reports described in
paragraph (1) relating to the property.
``(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) 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. Pilot program for transfer of jurisdiction, custody, and
control of certain judicial branch
accommodations to the Director; authority
of the Director.''.
SEC. 3. 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) by striking subsection (b)(2) and inserting the
following:
``(2) Building.--Title to the Building and other
improvements constructed on Squares 721 and 722 remains in the
Federal Government.''; 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) through (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.
``(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 are 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. 4. 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. 5. 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 or lease housing court
accommodations in a judicial district identified under section
604A(b) of title 28, United States Code, as added by section 2
of 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 1 year after the date of
enactment of this Act, and annually 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
under section 604A of title 28, United States Code, as added by
section 2 of this Act, including--
(A) the number of leases signed;
(B) the number of leases terminated;
(C) the total number of leased spaces;
(D) the amount of square footage leased;
(E) the amount of square footage occupied;
(F) the amount of vacant leased space;
(G) the number of buildings owned;
(H) top customers by square feet and annual rent;
(I) completed new construction, major repair, and
alteration projects; and
(J) financial indicators that measure and analyze
space utilization, operating costs per square foot,
cost-avoidance due to building disposals and lease
termination, and, to the extent that the Administrator
provides relevant building data to the Director,
deferred maintenance liabilities; and
(2) providing information regarding a plan and proposed
timeline for the orderly transfer of properties or leases in
addition to the real property and leases transferred under
section 604A of title 28, United States Code, as added by
section 2 of this Act.
SEC. 6. GAO REPORT ON THE JUDICIARY BUILDINGS SERVICE.
(a) Report.--Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Comptroller General of the
United States shall--
(1) conduct a review of the actions taken by the Director
of the Administrative Office of the United States Courts (in
this section referred to as the ``Director'') under this Act
and the amendments made by this Act; and
(2) submit to Congress a report on the review conducted
under paragraph (1), which shall include a description of--
(A) the operation, procurement, and contracting
processes of the Judiciary Buildings Service;
(B) contracts awarded by the Judiciary Buildings
Service;
(C) any instances of waste, fraud, abuse, or
mismanagement by the Judiciary Buildings Service; and
(D) the vouchers, transactions, and use of the
Judicial Space and Facilities Management Fund
established under 604A(l)(1)(A) of title 28, United
States Code, as added by this Act.
(b) Access.--For real property for which jurisdiction, custody, and
control is transferred to the Director under this Act and the
amendments made by this Act, the Director shall, upon the request of
the Comptroller General of the United States, provide secure access to
systems, databases, and information used to operate and manage the real
property, 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.
SEC. 7. SUNSET.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
General Services; and
(2) the term ``Director'' means the Director of the
Administrative Office of the United States Courts.
(b) Sunset of Transfer Authority of Director.--The authority of the
Director under section 604A of title 28, United States Code, as added
by section 2 of this Act, to request the transfer of jurisdiction,
custody, and control of real property and leases from the Administrator
shall cease to have effect on the date that is 7 years after the date
of enactment of this Act.
(c) Orderly Transfer of Assets Back to GSA.--
(1) In general.--On the date that is 10 years after the
date of enactment of this Act, the Director and the
Administrator shall begin an orderly transfer back to the
Administrator of the real property and leases previously
transferred to the Director under the authority described in
subsection (b).
(2) Sunset of remaining authority of director.--On the date
on which the Administrator certifies to Congress that all the
real property and leases described in paragraph (1) have been
transferred back to the Administrator, the remaining authority
of the Director under this Act and the amendments made by this
Act shall cease to have effect.
(d) Repeal.--Effective on the date that is 15 years after the date
of enactment of this Act, this Act is repealed, and each provision of
law amended by this Act is amended to read as it read on the day before
the date of enactment of this Act.
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that, if the Judiciary proves to be
successful in managing real property and leases for which jurisdiction,
custody, and control are transferred under section 604A of title 28,
United States Code, as added by section 2 of this Act, 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.
SEC. 9. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of any such provision or amendment to any person or
circumstance, is held invalid, the validity of the remainder of this
Act and the amendments made by this Act, and the application of such
provision or amendment to any other person or circumstance shall not be
affected thereby.
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