2000 U.S. Code
Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
CHAPTER 23 - JUDICIARY OFFICE BUILDING DEVELOPMENT
Sec. 1205 - Allocation of space

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§1205. Allocation of space (a) Governmental entities (1) Judicial branch

Subject to the provisions of this section, the Architect shall make available, on a reimbursable basis, all space in the building and other improvements constructed under this chapter to the judicial branch of the United States substantially in accordance with the report referred to in section 1202(b)(1) of this title.

(2) Other

Any space in the building and other improvements constructed under this chapter which the Chief Justice determines is not needed by the judicial branch of the United States may be made available by the Architect, on a reimbursable basis, to Federal governmental entities which are not part of the judicial branch and which are not staff of Members of Congress or Congressional Committees.

(3) Terms and conditions

Space made available under this subsection shall be subject to such terms and conditions as are necessary to carry out the objectives of this chapter.

(4) Reimbursement rate

All space made available by the Architect under this subsection shall be subject to reimbursement at the rate established under section 1203(b)(2) of this title plus such amount as the Architect and—

(A) in the case of the judicial branch, the Director of the Administrative Office of the United States Courts, or

(B) in the case of any governmental entity not a part of the judicial branch, such entity,

determine is necessary to pay on an annual basis for the cost of administering the building and other improvements (including costs of operation, maintenance, rehabilitation, security, and structural, mechanical, and domestic care) which are attributable to such space.

(5) Meeting judicial branch needs (A) In general

Whenever the Chief Justice notifies the Architect that the judicial branch of the United States requires additional space in the building and other improvements constructed under this chapter, the Architect shall accommodate those requirements (i) in the case of space made available to the Administrator of General Services, by a date agreed upon under subparagraph (B), or (ii) in the case of space made available to any person or governmental entity (other than the General Services Administration), within 90 days after the date of such notification.

(B) Space available to GSA

In any case in which such additional space is provided from space in the building made available to the Administrator of General Services, the space shall be vacated expeditiously by not later than a date mutually agreed upon by the Chief Justice and the Administrator of General Services.

(C) Unoccupied space

Whenever any space in the building is unoccupied, the Chief Justice shall have a right of first refusal to use such space to meet the needs of the judicial branch in accordance with this subsection.

(6) Assignment of space within judicial branch

The Director of the Administrative Office of the United States Courts may assign and reassign space made available to the judicial branch of the United States under this subsection among offices of the judicial branch as the Director deems appropriate.

(7) Lease authority

The Architect of the Capitol is authorized to lease and occupy not more than 75,000 square feet of space in the Thurgood Marshall Federal Judiciary Building. Payments under any such lease shall be made upon vouchers approved by the Architect of the Capitol. There are authorized to be appropriated—

(A) to the Architect of the Capitol such sums as may be necessary to carry out this paragraph, including sums for the acquisition and installation of furniture and furnishings for space leased under this paragraph; and

(B) to the Sergeant at Arms of the Senate such sums as may be necessary for the planning, acquisition, and installation of telecommunications equipment and services for the Architect of the Capitol with respect to space leased under this paragraph.

(8) Lease approval

Any lease under paragraph (7) shall be subject to approval by the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the House Office Building Commission, and the Committee on Rules and Administration of the Senate.

(b) Nongovernmental tenants (1) General rule

Any space in the building and other improvements constructed under this chapter which the Chief Justice determines is not needed by the judicial branch of the United States shall first be offered to other Federal governmental entities which are not staff of Members of Congress or Congressional Committees; and then, if any space remains, it may be subleased by the Architect, under the direction of the Commission, to any person.

(2) Rental rate

All space subleased by the Architect under this subsection shall be subject to reimbursement at a rate which is comparable to prevailing rental rates for similar facilities in the area but not less than the rate established under section 1203(b)(2) of this title plus such amount as the Architect and the person subleasing such space agree is necessary to pay on an annual basis for the cost of administering the building (including costs of operation, maintenance, rehabilitation, security, and structural, mechanical, and domestic care) which are attributable to such space.

(3) Limitation

Subleases under this subsection must be compatible with the dignity and functions of the judicial branch offices housed in the building and must not unduly interfere with the activities and operations of the judicial branch agencies housed in the building. The provisions of section 193d of this title and section 193m–1 of this title shall not apply to any space in the building and other improvements subleased to a non-Government tenant under this subsection.

(4) Collection of rent

The Architect shall collect rent for space subleased under this subsection.

(c) Deposit of rent and reimbursements

All funds received under this subsection (including lease payments and reimbursements) shall be deposited into the account established by section 1207 of this title.

(Pub. L. 100–480, §6, Oct. 7, 1988, 102 Stat. 2332; Pub. L. 102–392, title III, §318, Oct. 6, 1992, 106 Stat. 1724; Pub. L. 103–4, §2, Feb. 8, 1993, 107 Stat. 30.)

Amendments

1993—Subsec. (a)(7). Pub. L. 103–4 substituted “Thurgood Marshall Federal Judiciary Building” for “Federal Judiciary Building” in introductory provisions.

1992—Subsec. (a)(7), (8). Pub. L. 102–392 added pars. (7) and (8).

Section Referred to in Other Sections

This section is referred to in sections 1203, 1207 of this title.