(a) In general

Chapter 41 of title 28, United States Code, is amended by inserting after section 604 the following:

604A. Pilot program for transfer of jurisdiction, custody, and control of certain judicial branch accommodations to the Director; authority of the Director

(a) Definitions

In this section:

(1) Administrator

The term Administrator means the Administrator of General Services.

(2) Alter

The term alter includes—

(A)

preliminary planning, engineering, architectural, legal, fiscal, and economic investigations and studies, conducting surveys, preparing designs, plans, working drawings, specifications, and procedures, and other similar actions necessary for the alteration of any space or facility; and

(B)

repairing, remodeling, improving, extending, or making any other change in any space or facility.

(3) Covered judicial district

The term covered judicial district means a judicial district in which the Director has identified real property under subsection (b).

(4) Covered property

The term covered property means—

(A)

any real property owned or leased by the United States, and any lease of real property made on behalf of the United States, that—

(i)

is located in a covered judicial district;

(ii)

contains court accommodations; and

(iii)

for which jurisdiction, custody, and control is transferred to the Director under subsection (i); and

(B)

the Thurgood Marshall Federal Judiciary Building.

(5) Construct

The term construct includes preliminary planning, engineering, architectural, legal, fiscal, and economic investigations and studies, conducting surveys, preparing designs, plans, working drawings, specifications, and procedures, and any other similar action necessary for the construction of any space or facility.

(6) Court accommodation

The term court accommodation includes—

(A)

the chambers and courtrooms of the Judiciary (other than the Supreme Court of the United States); and

(B)

accommodations for all court-related functions and for probation offices, pretrial service offices, Federal Public Defender Organizations, the United States Sentencing Commission, the Administrative Office of the United States Courts, the Federal Judicial Center, and any other administrative or clerical personnel associated with the Judiciary.

(7) Director

The term Director means the Director of the Administrative Office of the United States Courts.

(8) Facility; building

The terms facility or building mean any building or other structure, including its grounds, approaches, appurtenances, and parking spaces, or any part thereof.

(9) Federal agency; property

The terms Federal agency and property have the meanings given the terms federal agency and property, respectively, in section 102 of title 40.

(10) Public building

The term public building has the meaning given the term in section 3301(a) of title 40.

(11) Space

The term space means any interest, whether fee simple or otherwise, in real property, including land, buildings, structures, or parts thereof.

(12) Space and Facilities Fund

The term Space and Facilities Fund means the Judicial Space and Facilities Management Fund established under subsection (l)(1)(A).

(b) 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 10 judicial districts for which jurisdiction, custody, and control shall be transferred to the Director in accordance with this section.

(c) 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—

(1)

acquire, by purchase, condemnation, donation, exchange, transfer, or otherwise, any space or facility located in a covered judicial district that the Director determines to be necessary for the provision of court accommodations;

(2)

manage and operate any space or facility described in paragraph (1);

(3)

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 accommodations;

(4)

acquire and exercise any option for the acquisition or lease of any land, or an interest in land, that is located in a covered judicial district as the Director determines is necessary for the provision of court accommodations;

(5)

construct such facilities in a covered judicial district as the Director determines is necessary for the provision of court accommodations;

(6)

lease, or acquire and exercise any option for the acquisition of a lease, any space or facility located in a covered judicial district as the Director deems necessary for the provision of court accommodations and manage that lease;

(7)

outlease space located in a covered property;

(8)

contract for utility services for covered properties;

(9)

secure covered properties in coordination with the United States Marshals Service and the Federal Protective Service;

(10)

for covered properties, provide by contract or otherwise for the provision of amenities, such as childcare, cafeterias, physical fitness centers, credit unions, and others, to serve tenants and, if appropriate, the public;

(11)

pay rent and make repairs, alterations, and improvements under the terms of a lease for court accommodations in a covered property entered into by, or transferred to, the Director;

(12)

pay ground rent for buildings located in a covered judicial district that are owned by the Federal Government or occupied by Federal agencies, 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 Judiciary; and

(13)

perform such other duties as necessary to implement this section.

(d) Delegation of authority

The Director may delegate any authority authorized by this section. The Director may authorize successive redelegation of authority as permitted by this section.

(e) Architectural, engineering, and construction services

The Director is authorized to employ, by contract or otherwise, the services of architectural, engineering, and construction firms, corporations, or individuals, to the extent the Director may require such services for any space or facility authorized to be constructed or altered under this section.

(f) Operation and maintenance

The Director is authorized to employ, by contract or otherwise, the services of corporations, firms, or individuals for the operation and maintenance of any building under the jurisdiction, custody, and control of the Director, to the extent the Director may require such services.

(g) Construction

(1) 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 property, the Director may demolish the existing building and use the site on which it is located for the site of the proposed space or facility. If the Director believes that it is more advantageous to construct the space or facility on a different site in the same city, town, or other municipality, the Director may exchange the building and site, or the site, for another site, or may transfer the building and site.

(2) 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 purpose, the Director may—

(A)

exchange the site for another site in the covered judicial district; or

(B)

declare the site to be excess and transfer the site to the Administrator.

(3) 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 Government.

(h) Leasing

(1) In general

Subject to paragraph (2), 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 Judiciary.

(2) Limitations

(A) Term

A lease agreement under this section may not bind the Government for more than 20 years.

(B) Obligation

The obligation of amounts for a lease under this section is limited to the current fiscal year for which payments are due, without regard to section 1341(a)(1)(B) of title 31.

(i) Transfer of court accommodations

(1) In general

The Administrator shall not transfer, dispose of, or close any court accommodation located in a covered judicial district without obtaining the prior consent of the Director.

(2) Transfer

(A) In general

Upon request of the Director, and consistent with the implementation provisions under section 5 of the Judicial Space and Facilities Management Effectiveness Act of 2026, the Administrator shall transfer to the Director the jurisdiction, custody, and control of any requested real property owned or leased by the United States, and any lease of real property made on behalf of the United States, that is located in a covered judicial district, is occupied by the judicial branch, and is critical to the constitutional mission of the Judiciary.

(B) Terms

With respect to any transfer under subparagraph (A)—

(i)

the transfer shall be nonreimbursable; and

(ii)

after completion of the transfer, 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 Administrator.

(j) Request for space or services To be provided by the Administrator

(1) In general

The Director may request that the Administrator provide, acquire, or maintain in a covered judicial district such court accommodations as may be required by the Judiciary. Upon such a request of the Director, the Administrator shall provide and maintain such court accommodations.

(2) Multitenant facilities

If court accommodations are provided under this subsection by the Administrator in a multitenant facility, the Administrator shall give priority to providing court accommodations in contiguous space.

(3) Alterations

Consistent with regulatory requirements and leasing responsibilities of the General Services Administration, the Administrator shall endeavor to provide such reasonable alterations to court accommodations provided under this subsection as shall be requested and financed by the Director.

(4) Transfer

The Director may transfer jurisdiction, custody, and control or leasehold interest of any space or facility acquired by the Director to the Administrator for the provision or maintenance of court accommodations.

(5) Disposal

The Director may identify and transfer to the Administrator for disposal, pursuant to section 542 of title 40, any real property under the jurisdiction, custody, and control of the Director, as the Director determines necessary.

(6) Funding requests

The Administrator shall—

(A)

provide the Director, on a nonreimbursable basis, information requested by the Director that assists the Director in the development of funding requests by the Director, including information regarding prospectus-level repair and alteration projects; and

(B)

with respect to a project for which the Director does not request funds, request funds in accordance with otherwise applicable law.

(7) Operation and management

For real property for which jurisdiction, custody, and control is transferred to the Director under this section, the Administrator shall provide secure access to systems, databases, and information used to operate and manage the real property, including building automation and control systems, real property inventories and data, personal property inventories and data, work order management systems, document archives, drawings, studies, and contracting files.

(k) Approval of proposed projects by Congress

(1) Resolutions required before appropriations may be made

(A) Construction, purchase, and acquisition

No appropriation shall be used to construct, purchase, 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 $10,000,000, adjusted annually for inflation, if such construction, purchase, 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 Representatives.

(B) Alteration

No appropriation shall be used to alter any space or facility, or part thereof, that is located in a covered judicial district and which is under lease by the Director if the cost of such alteration would exceed $5,000,000, adjusted annually for inflation, 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 Representatives.

(C) Transmission to Congress of prospectus

For the purpose of securing consideration for such approval, the Director shall transmit to the Congress a prospectus of the proposed construction, purchase, acquisition, or alteration, including the items set forth in paragraph (3) of this subsection that are relevant to the proposal.

(2) Lease resolutions required before appropriations may be made

(A) 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 $10,000,000, adjusted annually for inflation, 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 Representatives.

(B) Transmission to Congress of prospectus and statement

For the purpose of securing consideration for such approval, the Director shall transmit to the Congress—

(i)

a prospectus of the proposed space or facility including the items set forth in paragraph (3) of this subsection that are relevant to the proposal; and

(ii)

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 buildings.

(3) Transmission to Congress of prospectus of proposed project

To secure consideration for the approval referred to in paragraph (1) or (2) of this subsection, the Director shall transmit to Congress a prospectus of the proposed space or facility, including—

(A)

a brief description of the space or facility to be constructed, altered, purchased, or acquired or the space to be leased;

(B)

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 constructed, altered, purchased, or acquired, or the space to be leased;

(C)

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 leased, having due regard for suitable space which may continue to be available in existing Federal Government-owned or occupied buildings, especially those buildings that enhance the architectural, historical, social, cultural, and economic environment of the locality;

(D)

with respect to any project for the construction, alteration, or acquisition of any facility, 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 action;

(E)

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 constructed, altered, or acquired, or the space to be leased;

(F)

with respect to any prospectus for the construction, alteration, or acquisition of any facility or space to be leased, 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 systems, including photovoltaic systems, in carrying out the project;

(G)

a statement of how the proposed project is consistent with the standards and criteria developed under section 11(b) of the Federal Assets Sale and Transfer Act of 2016 (Public Law 114–287; 130 Stat. 1468);

(H)

information on any space occupied by the judicial branch in the geographical area of the proposed facility, including uses, any proposed consolidations, and, if not proposed to be consolidated, a justification for such determination; and

(I)

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 building, including any building identified for disposal or sale.

(4) 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 increase, as determined by the Director, in construction or alteration costs from the date the prospectus is transmitted to Congress. The increase authorized by this paragraph may not exceed 10 percent of the estimated maximum cost. The Director shall notify, in writing, 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 5 percent of an estimated maximum cost or of any increase or decrease in the scope or size of a project of 5 or more percent. Such notification shall include an explanation regarding any such increase or decrease. The scope or size of a project shall not increase or decrease by more than 10 percent unless an amended prospectus is submitted and approved pursuant to this section.

(5) Rescissions of approval

If an appropriation is not made within 1 year after the date a project for construction, purchase, alteration, or acquisition is approved under paragraph (1), 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 made.

(6) Emergency leases by the Director

The Director may enter into emergency leases during any period declared by the President to require emergency leasing authority. An emergency lease may not be for more than 180 days without approval of a prospectus for the lease in accordance with paragraph (2).

(7) Minimum performance requirements for leased space

With respect to space to be leased, the Director shall include, to the maximum extent practicable, minimum performance requirements requiring energy efficiency and the use of renewable energy.

(8) 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 year, as determined by the composite index of construction costs of the Department of Commerce. 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 Representatives.

(9) Notification requirement

For each project approved under this subsection, the Director shall notify, in writing, 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 accomplished, including—

(A)

the solicitation and award of design and construction services;

(B)

the completion of any actions required for the project pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(C)

any ceremonies for the beginning or completion of the project;

(D)

a naming ceremony for the project; and

(E)

the completion of the project.

(10) Expiration of committee resolutions

Unless a lease is awarded or a construction, purchase, alteration, repair, design, or acquisition project is initiated on or before the date that is 5 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 (1) or (2), as applicable, the resolutions shall be deemed expired.

(l) Judicial Space and Facilities Management Fund

(1) Fund

(A) Establishment

There is established in the Treasury of the United States a fund to be known as the Judicial Space and Facilities Management Fund.

(B) Deposits

There shall be deposited in the Space and Facilities Fund the following:

(i)

Amounts appropriated to the Judiciary in annual appropriations Acts that are available for the activities described in paragraph (3), in such amounts as determined by the Director.

(ii)

Advances or reimbursements from any entity in the judicial branch for the activities and services described in paragraph (3).

(iii)

Advances and reimbursements obtained pursuant to subsection (m) of this section and section 6506(a) of title 40.

(iv)

Such other funds as Congress may appropriate to the Space and Facilities Fund from time to time, including funds appropriated for projects approved pursuant to subsection (k).

(C) Availability

Amounts deposited in the Space and Facilities Fund shall be available until expended for the purposes set forth in this subsection.

(2) Transfer of deposits

The Director—

(A)

may transfer not more than $1,000,000 in a fiscal year from the Space and Facilities Fund into the fund or account from which the funds were originally appropriated; and

(B)

if, not later than 15 days before the date of the transfer, the Director provides notice to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, may transfer more than $1,000,000 in a fiscal year from the Space and Facilities Fund into the fund or account from which the funds were originally appropriated.

(3) Use of the Space and Facilities Fund

The Space and Facilities Fund shall be available for the acquisition, alteration, construction, and management of space and facilities and related activities, including—

(A)

the acquisition of space and facilities for court accommodations in a covered judicial district;

(B)

the lease of space or facilities for court accommodations in a covered judicial district;

(C)

the construction or alteration of facilities under the jurisdiction, custody, and control of the Director;

(D)

the maintenance of space under the jurisdiction, custody, and control of the Director;

(E)

the management, overhead costs, and information technology requirements associated with the acquisition, construction, lease, maintenance, or management of space under the jurisdiction, custody, and control of the Director; and

(F)

the provision of furniture, fixtures, and equipment.

(4) 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 provided, altered, or maintained by the General Services Administration.

(5) Plan for meeting space and facilities management needs

The Director shall—

(A)

develop and annually revise, with the approval of the Judicial Conference of the United States, a long-range plan for meeting the space and facilities management needs of the activities funded under this subsection; and

(B)

submit each plan under subparagraph (A) to—

(i)

the Committee on Appropriations and the Committee on Environment and Public Works of the Senate; and

(ii)

the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives.

(6) Quarterly reporting

Not later than 90 days after the end of each fiscal quarter, beginning with the first fiscal quarter in which the transfer of jurisdiction, custody, and control of any real property or lease takes place under this section, 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—

(A)

any amounts deposited in the Space and Facilities Fund during the fiscal quarter and cumulatively during the most recent fiscal year;

(B)

any amounts obligated from the Space and Facilities Fund during the fiscal quarter and cumulatively during the most recent fiscal year, including amounts used for—

(i)

rent and reimbursements to the General Services Administration under subsection (l)(4);

(ii)

operating costs for facilities transferred to the Director under subsection (i);

(iii)

leasing costs for leases executed or assumed by the Director;

(iv)

management and administrative costs resulting from the execution of authority under this section; and

(v)

capital costs for facilities transferred to the Director under subsection (i); and

(C)

a list of each capital expenditure project for which the total expenditure or cost exceeded the applicable threshold under subsection (k)(1), including—

(i)

a description of the project, including milestones reached during the fiscal quarter;

(ii)

the total cost estimate of the project, including an explanation of any diversion from a previously reported estimate;

(iii)

the expected date of completion, including an explanation of any delay from previous reporting; and

(iv)

obligations for the project—

(I)

during the fiscal quarter;

(II)

cumulatively during the most recent fiscal year; and

(III)

cumulatively overall.

(m) Use of space and facilities

(1) Excess space

The Director is authorized to make available excess space in all facilities under the jurisdiction, custody, and control of the Director to entities not in the judicial branch on a reimbursable or nonreimbursable basis, as determined appropriate by the Director.

(2) Federal agencies

(A) In general

The Director is authorized to charge Federal agencies, and Federal agencies are authorized to pay, by advance or reimbursement, a reasonable rate for administering the space and other improvements (including the cost of operation, maintenance, rehabilitation, security, administrative overhead, and structural, mechanical, and domestic care) furnished to Federal agencies.

(B) Amount

Charges under subparagraph (A) 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 replacements.

(3) Outleased space

The Director is authorized to charge a reasonable rate for outleased space, with the amount to be determined by the Director and the entity.

(n) 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 Director, but in no case shall such rates exceed the actual costs incurred by the General Services Administration for the provision of the court accommodation.

(o) Audit requirements

(1) In general

The Director shall audit the vouchers and transactions of the Space and Facilities Fund annually.

(2) Requirements

An audit described in paragraph (1) shall be performed by an independent certified public accounting firm.

(3) Submission to Congress

Not later than 30 days after the results of an audit described in paragraph (1) are issued, the Director shall submit to Congress a report regarding the audit.

(4) Access for Federal agencies

Upon request by a Federal agency occupying space within a property under the jurisdiction, custody, and control of the Director, the Director shall provide access to the audit reports described in paragraph (1) relating to the property.

(p) Federal regulatory requirements

If the Director acquires, constructs, leases, alters, or maintains any court accommodations, whether by contract or otherwise, the Director shall comply with statutory and regulatory provisions which are applicable to all public buildings or which otherwise are applicable to all Federal agencies, including the judicial branch.

(q) 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 States.

(b) Conforming amendment

The table of sections for chapter 41 of title 28, United States Code, is amended by inserting after the item relating to section 604 the following:

(a) In general

Chapter 65 of title 40, United States Code, is amended—

(b) Conforming amendments

The table of sections for chapter 65 of title 40, United States Code, is amended—

and

(a) In general

Section 3101 of title 40, United States Code, is amended by striking All public buildings and inserting Except as provided under section 604A of title 28 or chapter 65 of this title, all public buildings..

(b) Duties of the Director

Section 604(a) of title 28, United States Code, is amended—

(a) Definitions

In this section—

(b) Implementation in general

To ensure the orderly transition of buildings from the Administration to the Administrative Office of the United States Courts, 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 Service.

(c) Initial transfer of properties

(d) Report and plan

Not later than 1 year after the date of enactment of this Act, and annually thereafter, 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—

(a) Report

Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Comptroller General of the United States shall—

(b) Access

For real property for which jurisdiction, custody, and control is transferred to the Director under this Act and the amendments made by this Act, the Director shall, upon the request of the Comptroller General of the United States, provide secure access to systems, databases, and information used to operate and manage the real property, including building automation and control systems, real property inventories and data, personal property inventories and data, work order management systems, document archives, drawings, studies, and contracting files.

(a) Definitions

In this section—

(b) Sunset of transfer authority of Director

The authority of the Director under section 604A of title 28, United States Code, as added by section 2 of this Act, to request the transfer of jurisdiction, custody, and control of real property and leases from the Administrator shall cease to have effect on the date that is 7 years after the date of enactment of this Act.

(c) Orderly transfer of assets back to GSA

(d) Repeal

Effective on the date that is 15 years after the date of enactment of this Act, this Act is repealed, 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 Act.