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July 30, 2026
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Download official Senate Record PDFReturn to issue contextBy Mr. DURBIN (for himself, Mr. Cramer, and Mr. Boozman):
S. 5194. A bill to amend title 28, United States Code, to improve the maintenance, alteration, and construction of United States courthouses, and for other purposes; to the Committee on Environment and Public Works.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
S. 5194
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
“(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
“(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:
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.