-CITE-

40 USC CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY

BUILDING 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-

CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-MISC1-

Sec.

6581.(!1) Definition.

6502. Thurgood Marshall Federal Judiciary Building.

6503. Commission for the Judiciary Office Building.

6504. Lease of building.

6505. Structural and mechanical care and security.

6506. Allocation of space.

6507. Account in Treasury.

-FOOTNOTE-

(!1) So in original. Probably should be "6501".

-End-

-CITE-

40 USC Sec. 6501 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-

Sec. 6501. Definition

-STATUTE-

In this chapter, the term "Chief Justice" means the Chief Justice

of the United States or the designee of the Chief Justice, except

that when there is a vacancy in the office of the Chief Justice,

the most senior associate justice of the Supreme Court shall be

deemed to be the Chief Justice for purposes of this chapter until

the vacancy is filled.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1188.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6501 40:1208. Pub. L. 100-480, Sec. 10,

Oct. 7, 1988, 102 Stat. 2335.

--------------------------------------------------------------------

The text of 40:1208(1) and (3) is omitted as unnecessary because

the complete names of the Architect of the Capitol and the

Commission for the Judiciary Office Building are used the first

times the terms appear in a section.

-End-

-CITE-

40 USC Sec. 6502 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-

Sec. 6502. Thurgood Marshall Federal Judiciary Building

-STATUTE-

(a) Establishment and Designation. - There is a Federal Judiciary

Building in Washington, D.C., known and designated as the "Thurgood

Marshall Federal Judiciary Building".

(b) Title. -

(1) Squares 721 and 722. - Title to squares 721 and 722 remains

in the Federal Government.

(2) Building. - Title to the Building and other improvements

constructed or otherwise made immediately reverts to the

Government at the expiration of not more than 30 years from the

effective date of the lease agreement referred to in section 6504

of this title without payment of any compensation by the

Government.

(c) Limitations. -

(1) Size of building. - The Building (excluding parking

facilities) may not exceed 520,000 gross square feet in size

above the level of Columbia Plaza in the District of Columbia.

(2) Height of building. - The height of the Building and other

improvements shall be compatible with the height of surrounding

Government and historic buildings and conform to the provisions

of the Act of June 1, 1910 (ch. 263, 36 Stat. 452) (known as the

Building Height Act of 1910).

(3) Design. - The Building and other improvements shall -

(A) be designed in harmony with historical and Government

buildings in the vicinity;

(B) reflect the symbolic importance and historic character of

the United States Capitol and other buildings on the United

States Capitol Grounds; and

(C) represent the dignity and stability of the Government.

(d) Approval of Chief Justice. - All final decisions regarding

architectural design of the Building are subject to the approval of

the Chief Justice.

(e) Chilled Water and Steam From Capitol Power Plant. - If the

Building is connected with the Capitol Power Plant, the Architect

of the Capitol shall furnish chilled water and steam from the Plant

to the Building on a reimbursable basis.

(f) Construction Standards. - The Building and other improvements

constructed under this chapter shall meet all standards applicable

to construction of a federal building.

(g) Accounting System. - The Architect 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.

(h) Nonapplicability of Certain Laws. -

(1) Building codes, permits, or inspection. - The Building is

not subject to any law of the District of Columbia relating to

building codes, permits, or inspection, including any such law

enacted by Congress.

(2) Taxes. - The Building and other improvements constructed

under this chapter are not subject to any law of the District of

Columbia relating to real estate and personal property taxes,

special assessments, or other taxes, including any such law

enacted by Congress.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1188.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6502(a) 40:1201 note. Pub. L. 103-4, Sec. 1, Feb.

8, 1993, 107 Stat. 30.

6502(b) 40:1202(b)(2)(B), Pub. L. 100-480, Secs.

(C). 3(a)(6), (8), (b)(2)(B),

(C), (c)-(e), 4(c), Oct. 7,

1988, 102 Stat. 2329, 2330,

2331.

6502(c) 40:1202(a)(8).

6502(d) 40:1202(a)(6).

6502(e) 40:1202(c).

6502(f) 40:1202(d) (1st, 2d

sentences).

6502(g) 40:1203(c).

6502(h)(1) 40:1202(d) (last

sentence).

6502(h)(2) 40:1202(e).

--------------------------------------------------------------------

In subsection (e), the text of 40:1202(c)(1) is omitted as

obsolete.

In subsection (f), the text of 40:1202(d) (2d sentence) is

omitted as obsolete.

-REFTEXT-

REFERENCES IN TEXT

The Building Height Act of 1910, referred to in subsec. (c)(2),

is act June 1, 1910, ch. 263, 36 Stat. 452, which is not classified

to the Code.

-MISC2-

REFERENCE TO THE THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

Pub. L. 103-4, Sec. 2, Feb. 8, 1993, 107 Stat. 30, provided that:

"Any reference in any law, map, regulation, document, paper, or

other record of the United States to the Federal Judiciary Building

referred to in section 1 [now 40 U.S.C. 6502(a)] shall be deemed to

be a reference to the 'Thurgood Marshall Federal Judiciary

Building'."

-End-

-CITE-

40 USC Sec. 6503 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-

Sec. 6503. Commission for the Judiciary Office Building

-STATUTE-

(a) Establishment and Membership. - There is a Commission for the

Judiciary Office Building, composed of the following 13 members or

their designees:

(1) Two individuals appointed by the Chief Justice from among

justices of the Supreme Court and other judges of the United

States.

(2) The members of the House Office Building Commission.

(3) The majority leader and minority leader of the Senate.

(4) The Chairman and the ranking minority member of the Senate

Committee on Rules and Administration.

(5) The Chairman and the ranking minority member of the Senate

Committee on Environment and Public Works.

(6) The Chairman and ranking minority member of the Committee

on Transportation and Infrastructure of the House of

Representatives.

(b) Quorum. - Seven members of the Commission is a quorum.

(c) Duties. - The Commission is responsible for the supervision

of the design, construction, operation, maintenance, structural,

mechanical, and domestic care, and security of the Thurgood

Marshall Federal Judiciary Building. The Commission shall prescribe

regulations to govern the actions of the Architect of the Capitol

under this chapter and to govern the use and occupancy of all space

in the Building.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1189.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6503(a) 40:1206(a), (b). Pub. L. 100-480, Sec. 7,

Oct. 7, 1988, 102 Stat. 2334.

6503(b) 40:1206(d).

6503(c) 40:1206(c).

--------------------------------------------------------------------

In subsection (a)(6), the words "Transportation and

Infrastructure" are substituted for "Public Works and

Transportation" in section 7(b) of the Judiciary Office Building

Development Act (Public Law 100-480, 102 Stat. 2334) because of

section 1(a)(9) of the Act of June 3, 1995 (Public Law 104-14, 2:21

note prec.).

In subsection (c), the words "from time to time" are omitted as

unnecessary.

-End-

-CITE-

40 USC Sec. 6504 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-

Sec. 6504. Lease of building

-STATUTE-

(a) Lease Agreement. - Under an agreement with the person

selected to construct the Thurgood Marshall Federal Judiciary

Building, the Architect of the Capitol shall lease the Building to

carry out the objectives of this chapter.

(b) Minimum Requirements of Lease Agreement. - The agreement

includes at a minimum the following:

(1) Limit on length of lease. - The Architect will lease the

Building and other improvements for not more than 30 years from

the effective date of the agreement.

(2) Rental rate. - The rental rate per square foot of

occupiable space for all space in the Building and other

improvements will be in the best interest of the Federal

Government and will carry out the objectives of this chapter. The

aggregate rental rate for all space in the Building and other

improvements shall produce an amount at least equal to the amount

necessary to amortize the cost of development of squares 721 and

722 in the District of Columbia over the life of the lease.

(3) Authority to make space available and sublease space. - The

Architect may make space available and sublease space in the

Building and other improvements in accordance with section 6506

of this title.

(4) Other terms and conditions. - The agreement contains terms

and conditions the Architect prescribes to carry out the

objectives of this chapter.

(c) Obligation of Amounts. - Obligation of amounts for lease

payments under this section may only be made -

(1) on an annual basis; and

(2) from the account described in section 6507 of this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1189.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6504(a) 40:1203(a). Pub. L. 100-480, Secs.

3(b)(2)(D) (words after

"provisions of this

chapter"), 4(a), (b), (d),

Oct. 7, 1988, 102 Stat.

2330, 2331.

6504(b)(1)- 40:1203(b).

(3)

6504(b)(4) 40:1202(b)(2)(D)

(words after

"provisions of this

Act").

6504(c) 40:1203(d).

--------------------------------------------------------------------

Subsection (a) is substituted for 40:1203(a) to eliminate

obsolete words.

In subsection (b)(2), the words "in the District of Columbia" are

added for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6502, 6506, 6507 of this

title.

-End-

-CITE-

40 USC Sec. 6505 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-

Sec. 6505. Structural and mechanical care and security

-STATUTE-

(a) Structural and Mechanical Care. - The Architect of the

Capitol, under the direction of the Commission for the Judiciary

Office Building -

(1) is responsible for the structural and mechanical care and

maintenance of the Thurgood Marshall Federal Judiciary Building

and improvements, including the care and maintenance of the

grounds of the Building, in the same manner and to the same

extent as for the structural and mechanical care and maintenance

of the Supreme Court Building under section 6111 of this title;

and

(2) shall perform all other duties and work required for the

operation and domestic care of the Building and improvements.

(b) Security. -

(1) Capitol police. - The United States Capitol Police -

(A) are responsible for all exterior security of the Building

and other improvements constructed under this chapter; and

(B) may police the Building and other improvements, including

the interior and exterior, and may make arrests within the

interior and exterior of the Building and other improvements

for any violation of federal or state law or the laws of the

District of Columbia, or any regulation prescribed under any of

those laws.

(2) Marshal of the supreme court. - This chapter does not

interfere with the obligation of the Marshal of the Supreme Court

to protect justices, officers, employees, or other personnel of

the Supreme Court who may occupy the Building and other

improvements.

(3) Reimbursement. - The Architect shall transfer from the

account described in section 6507 of this title 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 Architect transfers

under this paragraph. Those amounts shall be credited to the

appropriation account charged by the Capitol Police in carrying

out security duties.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1190.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6505(a) 40:1204(a). Pub. L. 100-480, Sec. 5,

Oct. 7, 1988, 102 Stat.

2331; Pub. L. 102-392, title

III, Sec. 311(a), Oct. 6,

1992, 106 Stat. 1723.

6505(b)(1)( 40:1204(b)(1).

A)

6505(b)(1)( 40:1204(c).

B)

6505(b)( 40:1204(b)(2), (3).

2), (3)

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Upon occupancy

by the United States of the building and other improvements

constructed under this chapter" are omitted as obsolete.

-End-

-CITE-

40 USC Sec. 6506 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-

Sec. 6506. Allocation of space

-STATUTE-

(a) Priority. -

(1) Judicial branch. - Subject to this section, the Architect

of the Capitol shall 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. The space shall be made available on a reimbursable

basis and substantially in accordance with the report referred to

in section 3(b)(1) of the Judiciary Office Building Development

Act (Public Law 100-480, 102 Stat. 2330).

(2) Other federal governmental entities. - The Architect may

make available to federal governmental 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 Chief Justice decides is not

needed by the judicial branch. The space shall be made available

on a reimbursable basis.

(3) Other persons. - If any space remains, the Architect may

sublease it pursuant to subsection (e), under the direction of

the Commission for the Judiciary Office Building, to any person.

(b) Space for Judicial Branch and Other Federal Governmental

Entities. - Space made available under subsection (a)(1) or (2) is

subject to -

(1) terms and conditions necessary to carry out the objectives

of this chapter; and

(2) reimbursement at the rate established under section

6504(b)(2) of this title 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, and structural, mechanical, and

domestic care) that is attributable to the space, with the amount

to be determined by 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 federal governmental entity not a part

of the judicial branch, the entity.

(c) Space for Judicial Branch. -

(1) Assignment of space within judicial branch. - 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 Architect that the judicial branch requires additional space

in the Building and other improvements, the Architect 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

Administrator 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) Lease by Architect. -

(1) Authority to lease. - Subject to approval by the Committees

on Appropriations of the House of Representatives and the Senate,

the House Office Building Commission, and the Committee on Rules

and Administration of the Senate, the Architect may lease and

occupy not more than 75,000 square feet of space in the Building.

(2) Payments. - Payments under the lease shall be made on

vouchers the Architect approves. Necessary amounts may be

appropriated -

(A) to the Architect to carry out this subsection, including

amounts for acquiring and installing furniture and furnishings;

and

(B) to the Sergeant at Arms of the Senate to plan for,

acquire, and install telecommunications equipment and services

for the Architect with respect to space leased under this

subsection.

(e) Subleased Space. -

(1) Rental rate. - Space subleased by the Architect under

subsection (a)(3) is 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

6504(b)(2) of this title plus an amount the Architect and the

person subleasing the space agree is necessary to pay each year

for the cost of administering the Building (including the cost of

operation, maintenance, rehabilitation, security, and structural,

mechanical, and domestic care) that is attributable to the space.

(2) Limitation. - A sublease under subsection (a)(3) 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. Sections 5104(c) and 5108 of this title

do not apply to any space in the Building and other improvements

subleased to a non-Government tenant under subsection (a)(3).

(3) Collection of rent. - The Architect shall collect rent for

space subleased under subsection (a)(3).

(f) Deposit of Rent and Reimbursements. - Amounts received under

subsection (a)(3) (including lease payments and reimbursements)

shall be deposited in the account described in section 6507 of this

title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1190.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6506(a)( 40:1205(a)(1), (2). Pub. L. 100-480, Sec.

1), (2) 6(a)(1)-(6), (b), (c), Oct.

7, 1988, 102 Stat. 2332.

6506(a)(3) 40:1205(b)(1).

6506(b) 40:1205(a)(3), (4).

6506(c)(1) 40:1205(a)(6).

6506(c)( 40:1205(a)(5).

2), (3)

6506(d) 40:1205(a)(7), (8). Pub. L. 100-480, Sec.

6(a)(7), (8), as added Pub.

L. 102-392, title III, Sec.

318, Oct. 6, 1992, 106 Stat.

1724.

6506(e) 40:1205(b)(2)-(4).

6506(f) 40:1205(c).

--------------------------------------------------------------------

In subsection (a)(3), the text of 40:1205(b)(1)(words before

semicolon) is omitted as unnecessary. The words "pursuant to

subsection (e)" are added for clarity.

In subsection (b)(2)(B), the word "federal" is added for clarity.

In subsection (c)(1), the words "and reassign" are omitted as

unnecessary.

In subsection (d)(1), the word "Building" [meaning the Thurgood

Marshall Federal Judiciary Building] is substituted for "Federal

Judiciary Building" in the source provision because of section 2 of

the Act of February 8, 1993 (Public Law 103-4, 107 Stat. 30).

In subsection (f), the reference to "this subsection" is

translated as "this section" to correct an apparent error in the

source provision being restated.

-REFTEXT-

REFERENCES IN TEXT

Section 3(b)(1) of the Judiciary Office Building Development Act,

referred to in subsec. (a)(1), is section 3(b)(1) of Pub. L.

100-480, Oct. 7, 1988, 102 Stat. 2330, which was classified to

section 1202(b)(1) of former Title 40, Public Buildings, Property,

and Works, prior to repeal by Pub. L. 107-217, Sec. 6(b), Aug. 21,

2002, 116 Stat. 1304.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6504, 6507 of this title.

-End-

-CITE-

40 USC Sec. 6507 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART C - FEDERAL BUILDING COMPLEXES

CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING

-HEAD-

Sec. 6507. Account in Treasury

-STATUTE-

(a) Establishment and Contents of Separate Account. - There is a

separate account in the Treasury. The account includes all amounts

deposited in the account under section 6506(f) of this title and

amounts appropriated to the account. However, the appropriated

amounts may not be more than $2,000,000.

(b) Use of Amounts. - Amounts in the account are available to the

Architect of the Capitol -

(1) for paying expenses for structural, mechanical, and

domestic care, maintenance, operation, and utilities of the

Thurgood Marshall Federal Judiciary Building and other

improvements constructed under this chapter;

(2) for reimbursing the United States Capitol Police for

expenses incurred in providing exterior security for the Building

and other improvements;

(3) for making lease payments under section 6504 of this title;

and

(4) for necessary personnel (including consultants).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1192.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6507 40:1207. Pub. L. 100-480, Sec. 9,

Oct. 7, 1988, 102 Stat.

2334; Pub. L. 102-392, title

III, Sec. 311(b), Oct. 6,

1992, 106 Stat. 1723.

--------------------------------------------------------------------

The text of 40:1207(b) is omitted as obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6404, 6505, 6506 of this

title.

-End-