,,ii #aaith ,,congress #b;d ,session ,s4 #eaid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjbf,mr4 ,durbin 7for himself1 ,mr4 ,cramer1 and ,mr4 ,boozman7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to improve the maintenance1 alteration1 and construction of ,united ,states courthouses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,judicial ,space and ,facilities ,management ,effectiveness ,act of #bjbf4 #b4 ,pilot program for transfer of certain judicial branch accommodations and authority of the ,director 7a7 ,in general ,chapter #da of title #bh1 ,united ,states ,code1 is amended by inserting after section #fjd the following3 #fjd;,a4 ,pilot program for transfer of jurisdiction1 custody1 and control of certain judicial branch accommodations to the ,director2 authority of the ,director 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,alter ,the term alter includes-- 7,a7 preliminary planning1 engineering1 architectural1 legal1 fiscal1 and economic investigations and studies1 conducting surveys1 preparing designs1 plans1 working drawings1 specifications1 and procedures1 and other similar actions necessary for the alteration of any space or facility2 and 7,b7 repairing1 remodeling1 improving1 extending1 or making any other change in any space or facility4 7#c7 ,covered judicial district ,the term covered judicial district means a judicial district in which the ,director has identified real property under subsection 7b74 7#d7 ,covered property ,the term covered property means-- 7,a7 any real property owned or leased by the ,united ,states1 and any lease of real property made on behalf of the ,united ,states1 that-- 7i7 is located in a covered judicial district2 7ii7 contains court accommodations2 and 7iii7 for which jurisdiction1 custody1 and control is transferred to the ,director under subsection 7i72 and 7,b7 the ,thurgood ,marshall ,federal ,judiciary ,building4 7#e7 ,construct ,the term construct includes preliminary planning1 engineering1 architectural1 legal1 fiscal1 and economic investigations and studies1 conducting surveys1 preparing designs1 plans1 working drawings1 specifications1 and procedures1 and any other similar action necessary for the construction of any space or facility4 7#f7 ,court accommodation ,the term court accommodation includes-- 7,a7 the chambers and courtrooms of the ,judiciary 7other than the ,supreme ,court of the ,united ,states72 and 7,b7 accommodations for all court-related functions and for probation offices1 pretrial service offices1 ,federal ,public ,defender ,organizations1 the ,united ,states ,sentencing ,commission1 the ,administrative ,office of the ,united ,states ,courts1 the ,federal ,judicial ,center1 and any other administrative or clerical personnel associated with the ,judiciary4 7#g7 ,director ,the term ,director means the ,director of the ,administrative ,office of the ,united ,states ,courts4 7#h7 ,facility2 building ,the terms facility or building mean any building or other structure1 including its grounds1 approaches1 appurtenances1 and parking spaces1 or any part thereof4 7#i7 ,federal agency2 property ,the terms ,federal agency and property have the meanings given the terms federal agency and property1 respectively1 in section #ajb of title #dj4 7#aj7 ,public building ,the term public building has the meaning given the term in section #ccja7;a7 of title #dj4 7#aa7 ,space ,the term space means any interest1 whether fee simple or otherwise1 in real property1 including land1 buildings1 structures1 or parts thereof4 7#ab7 ,space and ,facilities ,fund ,the term ,space and ,facilities ,fund means the ,judicial ,space and ,facilities ,management ,fund established under subsection 7l77#a77;,a74 7b7 ,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 #aj judicial districts for which jurisdiction1 custody1 and control shall be transferred to the ,director in accordance with this section4 7c7 ,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-- 7#a7 acquire1 by purchase1 condemnation1 donation1 exchange1 transfer1 or otherwise1 any space or facility located in a covered judicial district that the ,director determines to be necessary for the provision of court accommodations2 7#b7 manage and operate any space or facility described in paragraph 7#a72 7#c7 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 accommodations2 7#d7 acquire and exercise any option for the acquisition or lease of any land1 or an interest in land1 that is located in a covered judicial district as the ,director determines is necessary for the provision of court accommodations2 7#e7 construct such facilities in a covered judicial district as the ,director determines is necessary for the provision of court accommodations2 7#f7 lease1 or acquire and exercise any option for the acquisition of a lease1 any space or facility located in a covered judicial district as the ,director deems necessary for the provision of court accommodations and manage that lease2 7#g7 outlease space located in a covered property2 7#h7 contract for utility services for covered properties2 7#i7 secure covered properties in coordination with the ,united ,states ,marshals ,service and the ,federal ,protective ,service2 7#aj7 for covered properties1 provide by contract or otherwise for the provision of amenities1 such as childcare1 cafeterias1 physical fitness centers1 credit unions1 and others1 to serve tenants and1 if appropriate1 the public2 7#aa7 pay rent and make repairs1 alterations1 and improvements under the terms of a lease for court accommodations in a covered property entered into by1 or transferred to1 the ,director2 7#ab7 pay ground rent for buildings located in a covered judicial district that are owned by the ,federal ,government or occupied by ,federal agencies1 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 ,judiciary2 and 7#ac7 perform such other duties as necessary to implement this section4 7d7 ,delegation of authority ,the ,director may delegate any authority authorized by this section4 ,the ,director may authorize successive redelegation of authority as permitted by this section4 7e7 ,architectural1 engineering1 and construction services ,the ,director is authorized to employ1 by contract or otherwise1 the services of architectural1 engineering1 and construction firms1 corporations1 or individuals1 to the extent the ,director may require such services for any space or facility authorized to be constructed or altered under this section4 7f7 ,operation and maintenance ,the ,director is authorized to employ1 by contract or otherwise1 the services of corporations1 firms1 or individuals for the operation and maintenance of any building under the jurisdiction1 custody1 and control of the ,director1 to the extent the ,director may require such services4 7g7 ,construction 7#a7 ,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 property1 the ,director may demolish the existing building and use the site on which it is located for the site of the proposed space or facility4 ,if the ,director believes that it is more advantageous to construct the space or facility on a different site in the same city1 town1 or other municipality1 the ,director may exchange the building and site1 or the site1 for another site1 or may transfer the building and site4 7#b7 ,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 purpose1 the ,director may-- 7,a7 exchange the site for another site in the covered judicial district2 or 7,b7 declare the site to be excess and transfer the site to the ,administrator4 7#c7 ,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 ,government4 7h7 ,leasing 7#a7 ,in general ,subject to paragraph 7#b71 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 ,judiciary4 7#b7 ,limitations 7,a7 ,term ,a lease agreement under this section may not bind the ,government for more than #bj years4 7,b7 ,obligation ,the obligation of amounts for a lease under this section is limited to the current fiscal year for which payments are due1 without regard to section #acda7;a77#a77;,b7 of title #ca4 7i7 ,transfer of court accommodations 7#a7 ,in general ,the ,administrator shall not transfer1 dispose of1 or close any court accommodation located in a covered judicial district without obtaining the prior consent of the ,director4 7#b7 ,transfer 7,a7 ,in general ,upon request of the ,director1 and consistent with the implementation provisions under section #e of the ,judicial ,space and ,facilities ,management ,effectiveness ,act of #bjbf1 the ,administrator shall transfer to the ,director the jurisdiction1 custody1 and control of any requested real property owned or leased by the ,united ,states1 and any lease of real property made on behalf of the ,united ,states1 that is located in a covered judicial district1 is occupied by the judicial branch1 and is critical to the constitutional mission of the ,judiciary4 7,b7 ,terms ,with respect to any transfer under subparagraph 7,a7-- 7i7 the transfer shall be nonreimbursable2 and 7ii7 after completion of the transfer1 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 ,administrator4 7j7 ,request for space or services ,to be provided by the ,administrator 7#a7 ,in general ,the ,director may request that the ,administrator provide1 acquire1 or maintain in a covered judicial district such court accommodations as may be required by the ,judiciary4 ,upon such a request of the ,director1 the ,administrator shall provide and maintain such court accommodations4 7#b7 ,multitenant facilities ,if court accommodations are provided under this subsection by the ,administrator in a multitenant facility1 the ,administrator shall give priority to providing court accommodations in contiguous space4 7#c7 ,alterations ,consistent with regulatory requirements and leasing responsibilities of the ,general ,services ,administration1 the ,administrator shall endeavor to provide such reasonable alterations to court accommodations provided under this subsection as shall be requested and financed by the ,director4 7#d7 ,transfer ,the ,director may transfer jurisdiction1 custody1 and control or leasehold interest of any space or facility acquired by the ,director to the ,administrator for the provision or maintenance of court accommodations4 7#e7 ,disposal ,the ,director may identify and transfer to the ,administrator for disposal1 pursuant to section #edb of title #dj1 any real property under the jurisdiction1 custody1 and control of the ,director1 as the ,director determines necessary4 7#f7 ,funding requests ,the ,administrator shall-- 7,a7 provide the ,director1 on a nonreimbursable basis1 information requested by the ,director that assists the ,director in the development of funding requests by the ,director1 including information regarding prospectus-level repair and alteration projects2 and 7,b7 with respect to a project for which the ,director does not request funds1 request funds in accordance with otherwise applicable law4 7#g7 ,operation and management ,for real property for which jurisdiction1 custody1 and control is transferred to the ,director under this section1 the ,administrator shall provide secure access to systems1 databases1 and information used to operate and manage the real property1 including building automation and control systems1 real property inventories and data1 personal property inventories and data1 work order management systems1 document archives1 drawings1 studies1 and contracting files4 7k7 ,approval of proposed projects by ,congress 7#a7 ,resolutions required before appropriations may be made 7,a7 ,construction1 purchase1 and acquisition ,no appropriation shall be used to construct1 purchase1 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 #aj1jjj1jjj1 adjusted annually for inflation1 if such construction1 purchase1 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 ,representatives4 7,b7 ,alteration ,no appropriation shall be used to alter any space or facility1 or part thereof1 that is located in a covered judicial district and which is under lease by the ,director if the cost of such alteration would exceed #e1jjj1jjj1 adjusted annually for inflation1 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 ,representatives4 7,c7 ,transmission to ,congress of prospectus ,for the purpose of securing consideration for such approval1 the ,director shall transmit to the ,congress a prospectus of the proposed construction1 purchase1 acquisition1 or alteration1 including the items set forth in paragraph 7#c7 of this subsection that are relevant to the proposal4 7#b7 ,lease resolutions required before appropriations may be made 7,a7 ,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 #aj1jjj1jjj1 adjusted annually for inflation1 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 ,representatives4 7,b7 ,transmission to ,congress of prospectus and statement ,for the purpose of securing consideration for such approval1 the ,director shall transmit to the ,congress-- 7i7 a prospectus of the proposed space or facility including the items set forth in paragraph 7#c7 of this subsection that are relevant to the proposal2 and 7ii7 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 buildings4 7#c7 ,transmission to ,congress of prospectus of proposed project ,to secure consideration for the approval referred to in paragraph 7#a7 or 7#b7 of this subsection1 the ,director shall transmit to ,congress a prospectus of the proposed space or facility1 including-- 7,a7 a brief description of the space or facility to be constructed1 altered1 purchased1 or acquired or the space to be leased2 7,b7 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 constructed1 altered1 purchased1 or acquired1 or the space to be leased2 7,c7 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 leased1 having due regard for suitable space which may continue to be available in existing ,federal ,government-owned or occupied buildings1 especially those buildings that enhance the architectural1 historical1 social1 cultural1 and economic environment of the locality2 7,d7 with respect to any project for the construction1 alteration1 or acquisition of any facility1 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 action2 7,e7 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 constructed1 altered1 or acquired1 or the space to be leased2 7,f7 with respect to any prospectus for the construction1 alteration1 or acquisition of any facility or space to be leased1 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 systems1 including photovoltaic systems1 in carrying out the project2 7,g7 a statement of how the proposed project is consistent with the standards and criteria developed under section #aa7;b7 of the ,federal ,assets ,sale and ,transfer ,act of #bjaf 7,public ,law #aad-bhg2 #acj ,stat4 #adfh72 7,h7 information on any space occupied by the judicial branch in the geographical area of the proposed facility1 including uses1 any proposed consolidations1 and1 if not proposed to be consolidated1 a justification for such determination2 and 7,i7 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 building1 including any building identified for disposal or sale4 7#d7 ,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 increase1 as determined by the ,director1 in construction or alteration costs from the date the prospectus is transmitted to ,congress4 ,the increase authorized by this paragraph may not exceed #aj percent of the estimated maximum cost4 ,the ,director shall notify1 in writing1 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 #e percent of an estimated maximum cost or of any increase or decrease in the scope or size of a project of #e or more percent4 ,such notification shall include an explanation regarding any such increase or decrease4 ,the scope or size of a project shall not increase or decrease by more than #aj percent unless an amended prospectus is submitted and approved pursuant to this section4 7#e7 ,rescissions of approval ,if an appropriation is not made within #a year after the date a project for construction1 purchase1 alteration1 or acquisition is approved under paragraph 7#a71 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 made4 7#f7 ,emergency leases by the ,director ,the ,director may enter into emergency leases during any period declared by the ,president to require emergency leasing authority4 ,an emergency lease may not be for more than #ahj days without approval of a prospectus for the lease in accordance with paragraph 7#b74 7#g7 ,minimum performance requirements for leased space ,with respect to space to be leased1 the ,director shall include1 to the maximum extent practicable1 minimum performance requirements requiring energy efficiency and the use of renewable energy4 7#h7 ,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 year1 as determined by the composite index of construction costs of the ,department of ,commerce4 ,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 ,representatives4 7#i7 ,notification requirement ,for each project approved under this subsection1 the ,director shall notify1 in writing1 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 accomplished1 including-- 7,a7 the solicitation and award of design and construction services2 7,b7 the completion of any actions required for the project pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,c7 any ceremonies for the beginning or completion of the project2 7,d7 a naming ceremony for the project2 and 7,e7 the completion of the project4 7#aj7 ,expiration of committee resolutions ,unless a lease is awarded or a construction1 purchase1 alteration1 repair1 design1 or acquisition project is initiated on or before the date that is #e 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 7#a7 or 7#b71 as applicable1 the resolutions shall be deemed expired4 7l7 ,judicial ,space and ,facilities ,management ,fund 7#a7 ,fund 7,a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,judicial ,space and ,facilities ,management ,fund4 7,b7 ,deposits ,there shall be deposited in the ,space and ,facilities ,fund the following3 7i7 ,amounts appropriated to the ,judiciary in annual appropriations ,acts that are available for the activities described in paragraph 7#c71 in such amounts as determined by the ,director4 7ii7 ,advances or reimbursements from any entity in the judicial branch for the activities and services described in paragraph 7#c74 7iii7 ,advances and reimbursements obtained pursuant to subsection 7m7 of this section and section #fejf7;a7 of title #dj4 7iv7 ,such other funds as ,congress may appropriate to the ,space and ,facilities ,fund from time to time1 including funds appropriated for projects approved pursuant to subsection 7k74 7,c7 ,availability ,amounts deposited in the ,space and ,facilities ,fund shall be available until expended for the purposes set forth in this subsection4 7#b7 ,transfer of deposits ,the ,director-- 7,a7 may transfer not more than #a1jjj1jjj in a fiscal year from the ,space and ,facilities ,fund into the fund or account from which the funds were originally appropriated2 and 7,b7 if1 not later than #ae days before the date of the transfer1 the ,director provides notice to the ,committee on ,appropriations of the ,senate and the ,committee on ,appropriations of the ,house of ,representatives1 may transfer more than #a1jjj1jjj in a fiscal year from the ,space and ,facilities ,fund into the fund or account from which the funds were originally appropriated4 7#c7 ,use of the ,space and ,facilities ,fund ,the ,space and ,facilities ,fund shall be available for the acquisition1 alteration1 construction1 and management of space and facilities and related activities1 including-- 7,a7 the acquisition of space and facilities for court accommodations in a covered judicial district2 7,b7 the lease of space or facilities for court accommodations in a covered judicial district2 7,c7 the construction or alteration of facilities under the jurisdiction1 custody1 and control of the ,director2 7,d7 the maintenance of space under the jurisdiction1 custody1 and control of the ,director2 7,e7 the management1 overhead costs1 and information technology requirements associated with the acquisition1 construction1 lease1 maintenance1 or management of space under the jurisdiction1 custody1 and control of the ,director2 and 7,f7 the provision of furniture1 fixtures1 and equipment4 7#d7 ,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 provided1 altered1 or maintained by the ,general ,services ,administration4 7#e7 ,plan for meeting space and facilities management needs ,the ,director shall-- 7,a7 develop and annually revise1 with the approval of the ,judicial ,conference of the ,united ,states1 a long-range plan for meeting the space and facilities management needs of the activities funded under this subsection2 and 7,b7 submit each plan under subparagraph 7,a7 to-- 7i7 the ,committee on ,appropriations and the ,committee on ,environment and ,public ,works of the ,senate2 and 7ii7 the ,committee on ,appropriations and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#f7 ,quarterly reporting ,not later than #ij days after the end of each fiscal quarter1 beginning with the first fiscal quarter in which the transfer of jurisdiction1 custody1 and control of any real property or lease takes place under this section1 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-- 7,a7 any amounts deposited in the ,space and ,facilities ,fund during the fiscal quarter and cumulatively during the most recent fiscal year2 7,b7 any amounts obligated from the ,space and ,facilities ,fund during the fiscal quarter and cumulatively during the most recent fiscal year1 including amounts used for-- 7i7 rent and reimbursements to the ,general ,services ,administration under subsection 7l77#d72 7ii7 operating costs for facilities transferred to the ,director under subsection 7i72 7iii7 leasing costs for leases executed or assumed by the ,director2 7iv7 management and administrative costs resulting from the execution of authority under this section2 and 7v7 capital costs for facilities transferred to the ,director under subsection 7i72 and 7,c7 a list of each capital expenditure project for which the total expenditure or cost exceeded the applicable threshold under subsection 7k77#a71 including-- 7i7 a description of the project1 including milestones reached during the fiscal quarter2 7ii7 the total cost estimate of the project1 including an explanation of any diversion from a previously reported estimate2 7iii7 the expected date of completion1 including an explanation of any delay from previous reporting2 and 7iv7 obligations for the project-- 7,i7 during the fiscal quarter2 7,,ii7 cumulatively during the most recent fiscal year2 and 7,,iii7 cumulatively overall4 7m7 ,use of space and facilities 7#a7 ,excess space ,the ,director is authorized to make available excess space in all facilities under the jurisdiction1 custody1 and control of the ,director to entities not in the judicial branch on a reimbursable or nonreimbursable basis1 as determined appropriate by the ,director4 7#b7 ,federal agencies 7,a7 ,in general ,the ,director is authorized to charge ,federal agencies1 and ,federal agencies are authorized to pay1 by advance or reimbursement1 a reasonable rate for administering the space and other improvements 7including the cost of operation1 maintenance1 rehabilitation1 security1 administrative overhead1 and structural1 mechanical1 and domestic care7 furnished to ,federal agencies4 7,b7 ,amount ,charges under subparagraph 7,a7 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 replacements4 7#c7 ,outleased space ,the ,director is authorized to charge a reasonable rate for outleased space1 with the amount to be determined by the ,director and the entity4 7n7 ,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 ,director1 but in no case shall such rates exceed the actual costs incurred by the ,general ,services ,administration for the provision of the court accommodation4 7o7 ,audit requirements 7#a7 ,in general ,the ,director shall audit the vouchers and transactions of the ,space and ,facilities ,fund annually4 7#b7 ,requirements ,an audit described in paragraph 7#a7 shall be performed by an independent certified public accounting firm4 7#c7 ,submission to ,congress ,not later than #cj days after the results of an audit described in paragraph 7#a7 are issued1 the ,director shall submit to ,congress a report regarding the audit4 7#d7 ,access for ,federal agencies ,upon request by a ,federal agency occupying space within a property under the jurisdiction1 custody1 and control of the ,director1 the ,director shall provide access to the audit reports described in paragraph 7#a7 relating to the property4 7p7 ,federal regulatory requirements ,if the ,director acquires1 constructs1 leases1 alters1 or maintains any court accommodations1 whether by contract or otherwise1 the ,director shall comply with statutory and regulatory provisions which are applicable to all public buildings or which otherwise are applicable to all ,federal agencies1 including the judicial branch4 7q7 ,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 ,states4 4 7b7 ,conforming amendment ,the table of sections for chapter #da of title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to section #fjd the following3 #fjd;,a4 ,pilot program for transfer of jurisdiction1 custody1 and control of certain judicial branch accommodations to the ,director2 authority of the ,director4 4 #c4 ,thurgood ,marshall ,federal ,judiciary ,building 7a7 ,in general ,chapter #fe of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in section #feja-- 7,a7 in the section heading1 by striking ,definition and inserting ,definitions2 7,b7 by striking this chapter1 the term and inserting the following3 8this chapter-- 7#a7 the term 2 7,c7 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#b7 the term ,director means the ,director of the ,administrative ,office of the ,united ,states ,courts or the designee of the ,director1 except that when there is a vacancy in the office of the ,director1 the ,acting ,director or1 in the absence of the ,acting ,director1 the ,deputy ,director shall be deemed to be the ,director for purposes of this chapter until the vacancy is filled4 2 7#b7 in section #fejb-- 7,a7 by striking subsection 7b77#b7 and inserting the following3 7#b7 ,building ,title to the ,building and other improvements constructed on ,squares #gba and #gbb remains in the ,federal ,government4 2 and 7,b7 by striking subsection 7g7 and inserting the following3 7g7 ,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 repairs1 improvements1 reconstructions1 and replacements of the ,building and improvements and other capital expenditures on the ,building and improvements4 2 7#c7 by striking sections #fejc and #fejd2 7#d7 by redesignating section #feje as section #fejc2 7#e7 in section #fejc1 as so redesignated-- 7,a7 by striking subsection 7a7 and inserting the following3 7a7 ,transfer of jurisdiction 7#a7 ,in general ,effective on the date that is #aha days after the date of enactment of the ,judicial ,space and ,facilities ,management ,effectiveness ,act of #bjbf1 the jurisdiction1 custody1 and control of the ,thurgood ,marshall ,federal ,judiciary ,building shall be transferred to the ,director4 7#b7 ,terms ,the transfer under paragraph 7#a7 shall be nonreimbursable4 7#c7 ,responsibility ,after completion of the transfer under paragraph 7#a71 the ,director shall be responsible for performing all building functions relating to the ,thurgood ,marshall ,federal ,judiciary ,building and to pay the costs thereof4 2 and 7,b7 in subsection 7b71 by striking paragraph 7#c7 and inserting the following3 7#c7 ,reimbursement ,the ,director shall transfer from the ,judicial ,space and ,facilities ,management ,fund established under section #fjd;,a7l7 of title #bh amounts necessary to reimburse the ,united ,states ,capitol ,police for expenses incurred in providing exterior security under this subsection4 ,the ,capitol ,police may accept amounts the ,director transfers under this paragraph4 ,those amounts shall be credited to the appropriation account charged by the ,capitol ,police in carrying out security duties4 2 7#f7 by redesignating section #fejf as section #fejd2 7#g7 in section #fejd1 as so redesignated1 by striking subsections 7a7 through 7f71 and inserting the following3 7a7 ,priority 7#a7 ,judicial branch ,subject to this section1 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 chapter4 7#b7 ,other ,federal governmental entities ,the ,director may make available1 on a reimbursable basis1 to ,federal ,government entities which are not part of the judicial branch1 and which are not staff of ,members of ,congress or congressional committees1 any space in the ,building and other improvements that the ,director decides are not needed by the judicial branch4 7#c7 ,other persons ,if any space remains1 the ,director may sublease it to any person1 pursuant to subsection 7d74 7b7 ,space for judicial branch and other ,federal ,governmental entities ,space made available under paragraph 7#a7 or 7#b7 of subsection 7a7 is subject to-- 7#a7 terms and conditions necessary to carry out the objectives of this chapter2 and 7#b7 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 7including the cost of operation1 maintenance1 rehabilitation1 security1 administrative overhead1 and structural1 mechanical1 and domestic care7 that is attributable to the space1 with the amount to be determined by the ,director and1 in the case of any ,federal ,governmental entity not a part of the judicial branch1 the entity4 7c7 ,space for judicial branch 7#a7 ,in general ,the ,director may assign space made available to the judicial branch under subsection 7a77#a7 among offices of the judicial branch as the ,director considers appropriate4 7#b7 ,vacating occupied space ,when the ,chief ,justice notifies the ,director that the judicial branch requires additional space in the ,building and other improvements1 the ,director shall accommodate those requirements within #ij days after the date of the notification1 except that if the space was made available to the ,administrator of ,general ,services1 it shall be vacated expeditiously by not later than a date the ,chief ,justice and the ,director agree on4 7#c7 ,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 branch4 7d7 ,outleased space 7#a7 ,rental rate ,space outleased by the ,director under subsection 7a77#c7 is subject to reimbursement at a reasonable rate1 with the amount to be determined by the ,director and the entity4 7#b7 ,collection of rent ,the ,director shall collect1 and lessees are authorized to pay1 rent for space outleased under paragraph 7#c7 of subsection 7a74 7e7 ,deposit of rent and reimbursements ,amounts received under subsection 7a77#c7 7including lease payments and reimbursements7 shall be deposited into the ,judicial ,space and ,facilities ,management ,fund established under section #fjd;,a7l7 of title #bh4 2 and 7#h7 by striking section #fejg4 7b7 ,conforming amendments ,the table of sections for chapter #fe of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #feja and inserting the following3 #feja4 ,definitions4 2 and 7#b7 by striking the items relating to sections #fejc through #fejg and inserting the following3 #fejc4 ,structural and mechanical care and security4#fejd4 ,allocation of space4 4 #d4 ,conforming amendments 7a7 ,in general ,section #caja of title #dj1 ,united ,states ,code1 is amended by striking ,all public buildings and inserting ,except as provided under section #fjd;,a of title #bh or chapter #fe of this title1 all public buildings44 7b7 ,duties of the ,director ,section #fjd7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#aa71 by inserting and vouchers and accounts relating to the ,judiciary ,buildings ,service before the semicolon2 7#b7 in paragraph 7#bd71 by striking and at the end2 7#c7 by redesignating paragraph 7#be7 as paragraph 7#bf72 and 7#d7 by inserting after paragraph 7#bd7 the following3 7#be7 ,oversee and manage the ,judiciary ,buildings ,service in accordance with section #fjd;,a2 and 4 #e4 ,implementation of ,act 7a7 ,definitions ,in this section-- 7#a7 the term ,administration means the ,general ,services ,administration2 7#b7 the term ,administrator means the ,administrator of ,general ,services2 7#c7 the term court accommodation has the meaning given that term in section #fjd;,a7a7 of title #bh1 ,united ,states ,code1 as added by this ,act2 and 7#d7 the term ,director means the ,director of the ,administrative ,office of the ,united ,states ,courts4 7b7 ,implementation in general ,to ensure the orderly transition of buildings from the ,administration to the ,administrative ,office of the ,united ,states ,courts1 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 ,service4 7c7 ,initial transfer of properties 7#a7 ,in general ,on and after the date of enactment of this ,act1 the ,director may request that the ,administrator transfer from the ,administration to the ,director jurisdiction1 custody1 and control of any real property or lease housing court accommodations in a judicial district identified under section #fjd;,a7b7 of title #bh1 ,united ,states ,code1 as added by section #b of this ,act4 7#b7 ,transfer ,not later than #ij days after a request by the ,director to transfer jurisdiction1 custody1 and control of any real property or lease under paragraph 7#a71 or such other date as is agreed to by the ,director and the ,administrator1 the ,administrator shall transfer the property or lease to the ,director4 7#c7 ,information ,for any real property or lease being transferred to the ,director1 the ,administrator shall provide to the ,director essential information required for the transfer of building management1 including detailed operating costs1 shell costs1 budget projections1 planned and ongoing projects1 condition assessments1 drawings1 operational procedures1 warranties1 rental rates for each tenant1 occupancy data1 agreements1 and ongoing contracts4 7d7 ,report and plan ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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-- 7#a7 discussing the implementation and execution of real property authority for the real property and leases transferred under section #fjd;,a of title #bh1 ,united ,states ,code1 as added by section #b of this ,act1 including-- 7,a7 the number of leases signed2 7,b7 the number of leases terminated2 7,c7 the total number of leased spaces2 7,d7 the amount of square footage leased2 7,e7 the amount of square footage occupied2 7,f7 the amount of vacant leased space2 7,g7 the number of buildings owned2 7,h7 top customers by square feet and annual rent2 7,i7 completed new construction1 major repair1 and alteration projects2 and 7,j7 financial indicators that measure and analyze space utilization1 operating costs per square foot1 cost-avoidance due to building disposals and lease termination1 and1 to the extent that the ,administrator provides relevant building data to the ,director1 deferred maintenance liabilities2 and 7#b7 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 #fjd;,a of title #bh1 ,united ,states ,code1 as added by section #b of this ,act4 #f4 ,,gao report on the ,judiciary buildings service 7a7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a review of the actions taken by the ,director of the ,administrative ,office of the ,united ,states ,courts 7in this section referred to as the ,director7 under this ,act and the amendments made by this ,act2 and 7#b7 submit to ,congress a report on the review conducted under paragraph 7#a71 which shall include a description of-- 7,a7 the operation1 procurement1 and contracting processes of the ,judiciary ,buildings ,service2 7,b7 contracts awarded by the ,judiciary ,buildings ,service2 7,c7 any instances of waste1 fraud1 abuse1 or mismanagement by the ,judiciary ,buildings ,service2 and 7,d7 the vouchers1 transactions1 and use of the ,judicial ,space and ,facilities ,management ,fund established under #fjd;,a7l77#a77;,a7 of title #bh1 ,united ,states ,code1 as added by this ,act4 7b7 ,access ,for real property for which jurisdiction1 custody1 and control is transferred to the ,director under this ,act and the amendments made by this ,act1 the ,director shall1 upon the request of the ,comptroller ,general of the ,united ,states1 provide secure access to systems1 databases1 and information used to operate and manage the real property1 including building automation and control systems1 real property inventories and data1 personal property inventories and data1 work order management systems1 document archives1 drawings1 studies1 and contracting files4 #g4 ,sunset 7a7 ,definitions ,in this section-- 7#a7 the term ,administrator means the ,administrator of ,general ,services2 and 7#b7 the term ,director means the ,director of the ,administrative ,office of the ,united ,states ,courts4 7b7 ,sunset of transfer authority of ,director ,the authority of the ,director under section #fjd;,a of title #bh1 ,united ,states ,code1 as added by section #b of this ,act1 to request the transfer of jurisdiction1 custody1 and control of real property and leases from the ,administrator shall cease to have effect on the date that is #g years after the date of enactment of this ,act4 7c7 ,orderly transfer of assets back to ,,gsa 7#a7 ,in general ,on the date that is #aj years after the date of enactment of this ,act1 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 7b74 7#b7 ,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 7#a7 have been transferred back to the ,administrator1 the remaining authority of the ,director under this ,act and the amendments made by this ,act shall cease to have effect4 7d7 ,repeal ,effective on the date that is #ae years after the date of enactment of this ,act1 this ,act is repealed1 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 ,act4 #h4 ,sense of ,congress ,it is the sense of ,congress that1 if the ,judiciary proves to be successful in managing real property and leases for which jurisdiction1 custody1 and control are transferred under section #fjd;,a of title #bh1 ,united ,states ,code1 as added by section #b of this ,act1 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 facilities4 #i4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of any such provision or amendment to any person or circumstance1 is held invalid1 the validity of the remainder of this ,act and the amendments made by this ,act1 and the application of such provision or amendment to any other person or circumstance shall not be affected thereby4