
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC1205]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
            CHAPTER 23--JUDICIARY OFFICE BUILDING DEVELOPMENT
 
Sec. 1205. Allocation of space


(a) Governmental entities

                         (1) Judicial branch

        Subject to the provisions of this section, the Architect shall 
    make available, on a reimbursable basis, all space in the building 
    and other improvements constructed under this chapter to the 
    judicial branch of the United States substantially in accordance 
    with the report referred to in section 1202(b)(1) of this title.

                              (2) Other

        Any space in the building and other improvements constructed 
    under this chapter which the Chief Justice determines is not needed 
    by the judicial branch of the United States may be made available by 
    the Architect, on a reimbursable basis, to Federal governmental 
    entities which are not part of the judicial branch and which are not 
    staff of Members of Congress or Congressional Committees.

                      (3) Terms and conditions

        Space made available under this subsection shall be subject to 
    such terms and conditions as are necessary to carry out the 
    objectives of this chapter.

                       (4) Reimbursement rate

        All space made available by the Architect under this subsection 
    shall be subject to reimbursement at the rate established under 
    section 1203(b)(2) of this title plus such amount as 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 governmental entity not a part of the 
        judicial branch, such entity,

    determine is necessary to pay on an annual basis for the cost of 
    administering the building and other improvements (including costs 
    of operation, maintenance, rehabilitation, security, and structural, 
    mechanical, and domestic care) which are attributable to such space.

                  (5) Meeting judicial branch needs

        (A) In general

            Whenever the Chief Justice notifies the Architect that the 
        judicial branch of the United States requires additional space 
        in the building and other improvements constructed under this 
        chapter, the Architect shall accommodate those requirements (i) 
        in the case of space made available to the Administrator of 
        General Services, by a date agreed upon under subparagraph (B), 
        or (ii) in the case of space made available to any person or 
        governmental entity (other than the General Services 
        Administration), within 90 days after the date of such 
        notification.

        (B) Space available to GSA

            In any case in which such additional space is provided from 
        space in the building made available to the Administrator of 
        General Services, the space shall be vacated expeditiously by 
        not later than a date mutually agreed upon by the Chief Justice 
        and the Administrator of General Services.

        (C) Unoccupied space

            Whenever any space in the building is unoccupied, the Chief 
        Justice shall have a right of first refusal to use such space to 
        meet the needs of the judicial branch in accordance with this 
        subsection.

           (6) Assignment of space within judicial branch

        The Director of the Administrative Office of the United States 
    Courts may assign and reassign space made available to the judicial 
    branch of the United States under this subsection among offices of 
    the judicial branch as the Director deems appropriate.

                         (7) Lease authority

        The Architect of the Capitol is authorized to lease and occupy 
    not more than 75,000 square feet of space in the Thurgood Marshall 
    Federal Judiciary Building. Payments under any such lease shall be 
    made upon vouchers approved by the Architect of the Capitol. There 
    are authorized to be appropriated--
            (A) to the Architect of the Capitol such sums as may be 
        necessary to carry out this paragraph, including sums for the 
        acquisition and installation of furniture and furnishings for 
        space leased under this paragraph; and
            (B) to the Sergeant at Arms of the Senate such sums as may 
        be necessary for the planning, acquisition, and installation of 
        telecommunications equipment and services for the Architect of 
        the Capitol with respect to space leased under this paragraph.

                         (8) Lease approval

        Any lease under paragraph (7) shall be subject to approval by 
    the Committee on Appropriations of the House of Representatives, the 
    Committee on Appropriations of the Senate, the House Office Building 
    Commission, and the Committee on Rules and Administration of the 
    Senate.

(b) Nongovernmental tenants

                          (1) General rule

        Any space in the building and other improvements constructed 
    under this chapter which the Chief Justice determines is not needed 
    by the judicial branch of the United States shall first be offered 
    to other Federal governmental entities which are not staff of 
    Members of Congress or Congressional Committees; and then, if any 
    space remains, it may be subleased by the Architect, under the 
    direction of the Commission, to any person.

                           (2) Rental rate

        All space subleased by the Architect under this subsection shall 
    be 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 1203(b)(2) of this 
    title plus such amount as the Architect and the person subleasing 
    such space agree is necessary to pay on an annual basis for the cost 
    of administering the building (including costs of operation, 
    maintenance, rehabilitation, security, and structural, mechanical, 
    and domestic care) which are attributable to such space.

                           (3) Limitation

        Subleases under this subsection 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. 
    The provisions of section 193d of this title and section 193m-1 of 
    this title shall not apply to any space in the building and other 
    improvements subleased to a non-Government tenant under this 
    subsection.

                       (4) Collection of rent

        The Architect shall collect rent for space subleased under this 
    subsection.

(c) Deposit of rent and reimbursements

    All funds received under this subsection (including lease payments 
and reimbursements) shall be deposited into the account established by 
section 1207 of this title.

(Pub. L. 100-480, Sec. 6, Oct. 7, 1988, 102 Stat. 2332; Pub. L. 102-392, 
title III, Sec. 318, Oct. 6, 1992, 106 Stat. 1724; Pub. L. 103-4, 
Sec. 2, Feb. 8, 1993, 107 Stat. 30.)


                               Amendments

    1993--Subsec. (a)(7). Pub. L. 103-4 substituted ``Thurgood Marshall 
Federal Judiciary Building'' for ``Federal Judiciary Building'' in 
introductory provisions.
    1992--Subsec. (a)(7), (8). Pub. L. 102-392 added pars. (7) and (8).

                  Section Referred to in Other Sections

    This section is referred to in sections 1203, 1207 of this title.
