CHAPTER 65—THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING
6502.
Thurgood Marshall Federal Judiciary Building.
6503.
Commission for the Judiciary Office Building.
6505.
Structural and mechanical care and security.
6506.
Allocation of space.
6507.
Account in Treasury.
Editorial Notes
Amendments
2006—Pub. L. 109–284, §6(19), Sept. 27, 2006, 120 Stat. 1213, renumbered item 6581 as 6501.
§6501. Definition
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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1188.)
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.
§6502. Thurgood Marshall Federal Judiciary Building
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1188.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6502(a) |
40:1201 note. |
Pub. L. 103–4, §1, Feb. 8, 1993, 107 Stat. 30. |
| 6502(b) |
40:1202(b)(2)(B), (C). |
Pub. L. 100–480, §§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.
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Reference to the Thurgood Marshall Federal Judiciary Building
Pub. L. 103–4, §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'."
§6503. Commission for the Judiciary Office Building
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1189.)
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.
§6504. Lease of building
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1189.)
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.
§6505. Structural and mechanical care and security
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1190.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6505(a) |
40:1204(a). |
Pub. L. 100–480, §5, Oct. 7, 1988, 102 Stat. 2331; Pub. L. 102–392, title III, §311(a), Oct. 6, 1992, 106 Stat. 1723. |
| 6505(b)(1)(A) |
40:1204(b)(1). |
|
| 6505(b)(1)(B) |
40:1204(c). |
|
| 6505(b)(2), (3) |
40:1204(b)(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.
§6506. Allocation of space
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1190.)
Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|
| 6506(a)(1), (2) |
40:1205(a)(1), (2). |
Pub. L. 100–480, §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)(2), (3) |
40:1205(a)(5). |
|
| 6506(d) |
40:1205(a)(7), (8). |
Pub. L. 100–480, §6(a)(7), (8), as added Pub. L. 102–392, title III, §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.
Editorial Notes
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, §6(b), Aug. 21, 2002, 116 Stat. 1304.
§6507. Account in Treasury
(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).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1192.)
The text of 40:1207(b) is omitted as obsolete.