
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC1202]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
            CHAPTER 23--JUDICIARY OFFICE BUILDING DEVELOPMENT
 
Sec. 1202. Construction of building


(a) Selection process

                          (1) General rule

        The Architect, under the direction of the Commission and in 
    accordance with such policies and procedures as the Architect shall 
    establish, shall select in accordance with provision of this 
    subsection a person to develop squares 721 and 722 (bounded by F 
    Street, 2nd Street, Massachusetts Avenue, and Columbia Plaza, 
    Northeast) in the District of Columbia.

                      (2) Revision of proposals

        Not later than 90 days after October 7, 1988, each of the 5 
    persons who submitted a proposal for development of squares 721 and 
    722 under the study conducted under the Act of December 28, 1985 (99 
    Stat. 1749-1750), which is one of the 5 proposals under 
    consideration by the Architect may revise such proposal to take into 
    account the objectives of this chapter and resubmit such proposal to 
    the Architect.

                  (3) Selection of revised proposal

        Subject to paragraph (4), not later than 120 days after October 
    7, 1988, the Architect shall select one of the persons resubmitting 
    a proposal under paragraph (2) to develop squares 721 and 722 in the 
    District of Columbia.

    (4) Nonsubmission of revised proposals; protection of United 
                               States interest

        If no proposal is resubmitted to the Architect under paragraph 
    (2) in the 90-day period or if the Architect determines that none of 
    the proposals resubmitted under paragraph (2) is in the best 
    interests of the United States, the Architect shall conduct a 
    competition for selection of a person to develop squares 721 and 722 
    in the District of Columbia. Such competition shall be conducted in 
    accordance with such policies and procedures as the Architect may 
    establish for a development competition.

                     (5) Purpose of development

        The purpose of development of squares 721 and 722 is to provide 
    office space for the Administrative Office of the United States 
    Courts, the Federal Judicial Center, the Judicial Panel of 
    Multidistrict Litigation, and the United States Sentencing 
    Commission, chambers for retired justices of the Supreme Court, and 
    other related offices of the judicial branch of the United States 
    and other persons (including governmental entities).

                    (6) Approval of Chief Justice

        All final decisions regarding architectural design of the 
    building to be constructed under this Act shall be subject to the 
    approval of the Chief Justice of the United States.

          (7) Prohibition on payments for bids and designs

        The Architect may not make any payment to any person for any bid 
    or design proposal under any competition conducted under this 
    subsection.

                           (8) Limitations

        (A) Size of building

            The building (excluding parking facilities) to be 
        constructed under this chapter may not exceed 520,000 gross 
        square feet in size above the level of Columbia Plaza in the 
        District of Columbia.

        (B) 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, commonly known as the Building Height Act of 1910 
        (36 Stat. 452).

        (C) Design

            The building and other improvements shall be designed in 
        harmony with historical and Government buildings in the 
        vicinity, shall reflect the symbolic importance and historic 
        character of the United States Capitol and other buildings on 
        the United States Capitol grounds, and shall represent the 
        dignity and stability of the Federal Government.

(b) Development agreement

                       (1) Authority to enter

        The Architect may enter into with the person selected to develop 
    squares 721 and 722 under subsection (a) of this section an 
    agreement for the development of such squares. Except as otherwise 
    provided in this chapter, such agreement shall provide for 
    development of such squares substantially in accordance with (A) 
    alternative D of the report to Congress entitled ``The Study of 
    Alternatives for the Construction of an Office Building(s) for the 
    Administrative Office of the United States Courts'', submitted to 
    Congress on August 10, 1987, by the Architect and the Secretary of 
    Transportation, and (B) the Master Plan for the United States 
    Capitol, dated 1981.

                            (2) Contents

        The development agreement under paragraph (1) shall at a minimum 
    provide for the following:
            (A) Except to the extent otherwise provided by this chapter, 
        all design, development, and construction costs incurred with 
        respect to the building to be constructed under the agreement 
        will be at no cost to the United States.
            (B) Title to squares 721 and 722 will remain in the United 
        States.
            (C) Title to the building and other improvements constructed 
        or otherwise made on or to squares 721 and 722 will immediately 
        revert to the United States at the expiration of not more than 
        30 years from the effective date of the lease agreement entered 
        into under section 1203 of this title without payment of any 
        compensation by the United States.
            (D) The building and other improvements constructed on or to 
        squares 721 and 722 to be leased to the United States will be in 
        accordance with the provisions of this chapter and the lease 
        agreement will contain such terms and conditions as may be 
        prescribed by the Architect to carry out the objectives of this 
        chapter.

    The agreement shall include a copy of the lease agreement entered 
    into under section 1203 of this title by the Architect and the 
    person selected to develop squares 721 and 722.

(c) Chilled water and steam from Capitol Power Plant

           (1) Authority for hookup to Capitol Power Plant

        The building to be constructed under this chapter may be 
    connected to the Capitol Power Plant through construction of 
    extensions to the chilled water and steam lines which serve Union 
    Station. If such building is to be connected to the Capitol Power 
    Plant, the agreement under subsection (b) of this section between 
    the Architect and the person selected to construct such building 
    shall provide that such person will bear all costs associated with 
    the installation of chilled water and steam lines to the building 
    and shall reimburse the Union Station Redevelopment Corporation for 
    an equitable share of the costs incurred by the Union Station 
    Redevelopment Corporation in the construction of extensions of the 
    chilled water and steam lines from such Plant to Union Station.

    (2) Furnishing of chilled water and steam from Capitol Power 
                                    Plant

        If the building to be constructed under this chapter is 
    connected with the Capitol Power Plant pursuant to paragraph (1), 
    the Architect shall furnish, on a reimbursable basis, chilled water 
    and steam from such Plant to such building.

(d) Construction standards and inspections

    The building and other improvements constructed under this chapter 
shall meet all standards applicable to construction of a Federal 
building. During construction, the Architect shall conduct periodic 
inspections of such building for the purpose of assuring that such 
standards are being met. Such building shall not be subject to any law 
of the District of Columbia relating to building codes, permits, or 
inspection (including any such law enacted by Congress).

(e) Applicability of certain laws

    The building and other improvements constructed under this chapter 
shall not be 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. 100-480, Sec. 3, Oct. 7, 1988, 102 Stat. 2329.)

                       References in Text

    Act of December 28, 1985, referred to in subsec. (a)(2), is Pub. L. 
99-229, Dec. 28, 1985, 99 Stat. 1749, which is not classified to the 
Code.
    Act of June 1, 1910, commonly known as the Building Height Act of 
1910, referred to in subsec. (a)(8)(B), is act June 1, 1910, ch. 263, 36 
Stat. 452, which is set out in sections 5-401 to 5-409 of Title 5, 
Building Restrictions and Regulations, of the District of Columbia Code.

                  Section Referred to in Other Sections

    This section is referred to in sections 1203, 1205 of this title.
