Judicial Space and Facilities Management Improvement Act of 1989

Judicial Space and Facilities Management Improvement Act of 1989 - Authorizes the Director of the Administrative Office of the United States Courts to: (1) acquire, construct, lease, alter, or dispose of any space or facility; and (2) employ the services of firms or individuals for such construction or alteration, or for the operation and maintenance of any court accommodation.

Authorizes the Director to request the Administrator of the General Services Administration (GSA) to provide, acquire, or maintain court accommodations and requires the Administrator to comply. Prohibits the Administrator from transferring, disposing of, or closing any court accommodation without the consent of the Director.

Requires approval of the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives for appropriations in excess of specified amounts to construct, purchase, acquire, alter, or lease any space or facility for a court accommodation.

Establishes in the Treasury a fund made up of appropriations plus user charges obtained under this Act. Requires fund moneys to be made available for space and facilities management, including acquisition, lease, construction or alteration, maintenance, and overhead costs, and for reimbursement to the GSA for accommodations provided, altered, or maintained by the GSA.

Authorizes the Director to enter into purchase contracts with specified terms. Requires approval of such congressional committees for purchase contracts.

Authorizes the Director to provide excess space to Federal agencies, through the Administrator, and to obtain reimbursement for such space, depositing the proceeds in the fund established by this Act.

Requires the Director to reimburse the Administrator for accommodations provided or maintained by the GSA.

 
HR 4178 IH
101st CONGRESS
2d Session
 H. R. 4178
To facilitate the construction of United States courthouses, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
March 6, 1990
Mr. BOSCO (for himself and Mr. PETRI) (both by request) introduced the
following bill; which was referred to the Committee on Public Works and
Transportation
A BILL
To facilitate the construction of United States courthouses, and for other
purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act shall be known as the Judicial Space and Facilities Management
  Improvement Act of 1989.
SEC. 2. DEFINITIONS.
  As used in this Act--
  (1) the term `Director' means the Director of the Administrative Office
  of the United States Courts;
  (2) the term `Administrator' means the Administrator of the General
  Services Administration;
  (3) the term `court accommodation' includes (but is not limited to) chambers
  and courtrooms for all courts of the United States (except the Supreme Court
  and the United States Court of Appeals for the Federal Circuit, and the Court
  of International Trade) as well as accommodations for all court-related
  functions and for probation officers, pretrial service officers, Federal
  Public Defender Organizations, the United States Sentencing Commission,
  the Administrative Office of the United States Courts, the Federal Judicial
  Center, and other administrative or clerical personnel associated with
  the courts of the United States;
  (4) the term `public building' is defined as set forth in section 612(1)
  of title 40 of the United States Code;
  (5) the term `facility' means any building or other structure, including
  its grounds, approaches, and appurtenances, or any part thereof;
  (6) the term `space' means any interest, whether fee simple or otherwise,
  in real property, including land, buildings, structures, or parts thereof.
  (7) the term `Federal agency' means any executive agency or any establishment
  in the legislative or judicial branch of the Government (except the Senate,
  the House of Representatives, and the Architect of the Capitol and any
  activities under his direction);
  (8) the term `executive agency' means any executive department or independent
  establishment in the executive branch of the Government including any
  wholly owned Government corporation and including (A) the Central Bank
  for Cooperatives and the regional banks for cooperatives, (B) Federal land
  banks, (C) Federal intermediate credit banks, (D) Federal home loan banks,
  (E) Federal Deposit Insurance Corporation, and (F) the Government National
  Mortgage Association;
  (9) the term `alter' includes repairing, remodeling, improving, or extending
  or other changes in any space or facility; and
  (10) the terms `construct' and `alter' include preliminary planning,
  engineering, architectural, legal, fiscal, and economic investigations
  and studies, surveys, designs, plans, working drawings, specifications,
  procedures, and other similar actions necessary for the construction or
  alteration, as the case may be, of any space or facility.
SEC. 3. AUTHORITY OF DIRECTOR.
  In order to carry out his duties under this Act and under section 462 of
  title 28 of the United States Code, the Director of the Administrative
  Office of the United States Courts shall be authorized to--
  (a) acquire, by purchase, condemnation, exchange, or otherwise, any space
  or facility which he determines to be necessary for the provision of
  court accommodations;
  (b) construct such facilities as he deems necessary for the provision of
  court accommodations;
  (c) lease any space or facility as he deems necessary for the provision
  of court accommodations;
  (d) alter any space or facility which is acquired under the authority of
  this Act as he deems necessary for the provision of court accommodations;
  (e) dispose of any space or facility acquired or constructed by the Director
  as he deems necessary; and
  (f) acquire and exercise any option for the acquisition or lease of any space
  or facility as he deems necessary for the provision of court accommodations.
SEC. 4. ARCHITECTURAL, ENGINEERING OR CONSTRUCTION SERVICES.
  The Director is authorized to employ, by contract or otherwise, the services
  of architectural, engineering, or construction firms, corporations, or
  individuals, to the extent he may require such services for any space or
  facility authorized to be constructed or altered under this Act.
SEC. 5. 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 court accommodation, to the extent he may require such services.
SEC. 6. REQUEST FOR SPACE OR SERVICES TO BE PROVIDED BY THE ADMINISTRATOR
OF THE GENERAL SERVICES ADMINISTRATION.
  (a) The Director may request that the Administrator of the General Services
  Administration provide, acquire, or maintain such court accommodations as
  may be required by the courts of the United States. Upon such a request
  of the Director, the Administrator is authorized and directed to provide
  and maintain such court accommodations.
  (b) Where court accommodations are provided by the Administrator in
  multitenant facilities, the Administrator shall give priority to providing
  court accommodations in contiguous space.
  (c) Consistent with General Services Administration regulatory requirements
  and leasing responsibilities, the Administrator shall endeavor to provide
  such reasonable alterations to court accommodations as shall be requested
  and financed by the Director under the authority of this Act.
  (d) Upon consent of the Administrator of the General Services Administration,
  the Director may transfer title or leasehold interest to any space or
  facility acquired by the Director under the authority of this Act to the
  Administrator for the provision or maintenance of court accommodations.
SEC. 7. TRANSFER OF COURT ACCOMMODATIONS.
  (a) The Administrator shall not transfer, dispose of, or close any court
  accommodation without obtaining the prior consent of the Director.
  (b) Upon obtaining the consent of the Director, the Administrator may
  transfer title or leasehold interest to any court accommodation to the
  Director.
SEC. 8. APPROVAL OF PROPOSED PROJECTS BY CONGRESS.
  (a) No appropriation shall be made to construct, purchase or acquire any
  space or facility to be used as a court accommodation which involves a
  total expenditure in excess of $1,500,000 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 Public
  Works and Transportation of the House of Representatives, respectively. No
  appropriation shall be made to alter any space or facility, or part thereof,
  which is under lease by the Director for use as a court accommodation if
  the cost of such alteration would exceed $750,000 unless such alteration
  has been approved by resolutions adopted by the Committee on Environment
  and Public Works of the Senate and the Committee on Public Works and
  Transportation of the House of Representatives, respectively. For the
  purpose of securing consideration for such approval, the Director shall
  transmit to Congress a prospectus of the proposed space or facility,
  including (but not limited to)--
  (1) a brief description of the space or facility to be constructed, altered,
  purchased, or acquired;
  (2) the location of the space or facility and an estimate of the maximum
  cost to the United States of the space or facility to be constructed,
  altered, purchased or acquired; and
  (3) a statement by the Director that suitable alternative space already
  owned or leased by the government in proximity to the location chosen for
  such court accommodation is not available.
  (b) No appropriation shall be made to lease any space or facility for a
  permanent court accommodation which involves an average annual expenditure
  in excess of $1,500,000 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 Public Works and Transportation of the House of
  Representatives, respectively. For the purpose of securing consideration for
  such approval, the Director shall transmit to the Congress a prospectus of
  the proposed space or facility including (but not limited to) the items set
  forth in paragraph (a) of this section and, in addition, 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.
SEC. 9. JUDICIAL SPACE AND FACILITIES MANAGEMENT FUND.
  (a) There is hereby established in the Treasury of the United States a
  fund into which there shall be deposited appropriations as determined by
  Congress and user charges obtained pursuant to section 11 of this Act.
  (b) Moneys deposited into the fund shall be available for expenditure for
  space and facilities management and related activities in such amounts
  as determined by the Director, including (but not limited to) use for the
  following purposes:
  (1) acquisition of space and facilities for court accommodations;
  (2) lease of space or facilities for court accommodations;
  (3) construction or alteration of facilities for court accommodations;
  (4) maintenance of court accommodations; and
  (5) management and overhead costs associated with the acquisition,
  construction, lease, maintenance, or management of court accommodations.
  (c) Moneys deposited into the fund shall also be available for reimbursement
  to the General Services Administration for court accommodations provided,
  altered, or maintained by the General Services Administration.
  (d) The Director may maintain any appropriations unexpended at the end of
  the fiscal year in the fund to be expended on the provision or maintenance
  of court accommodations in succeeding fiscal years.
  (e) Within sixty days after the close of the fiscal year, the Director
  shall provide the Appropriations Committees of the Senate and the House
  of Representatives with a detailed accounting of all expenditures from
  the Judicial Space and Facilities Management Fund and the amount of any
  unexpended funds, if any.
SEC. 10. LEASE PURCHASE CONTRACTS.
  (a) Whenever the Director determines that the best interests of the United
  States will be served by taking action hereunder, he is authorized to provide
  court accommodations by entering into purchase contracts, the terms of which
  shall not be more than thirty years and which shall provide in each case
  that title to the space or facility shall vest in the United States at or
  before the expiration of the contract term and upon fulfillment of the terms
  and conditions stipulated in each of such purchase contracts. Such terms
  and conditions shall include provision for the application to the purchase
  price agreed upon therein of installment payments made thereunder. If any
  such contract is negotiated, the determination and findings supporting
  such negotiations shall be promptly reported in writing to the Committee on
  Environment and Public Works of the Senate and the Committee on Public Works
  and Transportation of the House of Representatives. Proposals for purchase
  contracts shall be solicited from the maximum number of qualified sources
  consistent with the nature and requirements of the facility to be procured.
  (b) Each such purchase contract shall include such provisions as the
  Director, in his discretion, shall deem to be in the best interests of the
  United States and appropriate to secure the performance of the obligations
  imposed upon the party or parties that shall enter into such agreements
  with the United States. No such purchase contract shall provide for any
  payments to be made by the United States in excess of the amount necessary,
  as determined by the Director, to--
  (1) amortize the cost of construction of improvements to be constructed
  plus the fair market value, on the date of the agreement, of the space,
  if not owned by the United States;
  (2) provide a reasonable rate of interest on the outstanding principal as
  determined under paragraph (1) above; and
  (3) reimburse the contractor for the cost of any other obligations required
  of him under the contract, including (but not limited to) payment of taxes,
  costs of carrying appropriate insurance, and costs of repair and maintenance
  if so required of the contractor.
  (c) Funds appropriated to the Administrative Office of the United States
  Courts may be utilized by the Director to make payments becoming due from
  time to time from the United States as current charges in connection with
  agreements entered into under authority of this section.
  (d) With respect to any interest in real property acquired under the
  provisions of this section, the same shall be subject to State and local
  taxes until title to the same shall pass to the Government of the United
  States.
  (e) No purchase contract shall be entered into pursuant to the authority
  of this section until a prospectus has been submitted and approved in
  accordance with section 8 of this Act.
SEC. 11. ASSIGNMENT OF SPACE.
  (a) The Director is authorized to assign space in all facilities acquired
  or maintained by the Director as deemed appropriate by the Director.
  (b) The Director is authorized to provide excess space in facilities
  acquired or maintained by the Director to Federal agencies, through
  the Administrator of the General Services Administration, and to obtain
  reimbursement for such space.
  (c) The Director is authorized to negotiate with the Administrator of the
  General Services Administration a reasonable rate for space furnished to
  Federal agencies. Such charges shall not exceed the actual costs incurred
  by the Director for the provision of such space or services.
  (d) The Director is authorized to make space available in any facility
  maintained by the Director for the provision of services incidental to the
  functioning of the courts of the United States, including the provision
  of such services to the public, and to obtain reimbursement for such space
  at rates to be determined by the Director.
  (e) Any moneys obtained by the Director pursuant to this section may be
  maintained in the Judicial Space and Facilities Management Fund and may
  be applied to such purposes as set forth in section 9 of this Act.
SEC. 12. REIMBURSEMENT OF ADMINISTRATOR.
  The Director shall reimburse the Administrator of the General Services
  Administration for court accommodations provided or maintained by the
  General Services Administration at rates to be negotiated by the Director,
  but in no case shall such rates exceed the actual costs incurred by the
  General Services Administration for the provision of such space or services.
SEC. 13. FEDERAL REGULATORY REQUIREMENTS.
  Whenever the Director shall acquire, construct, lease, alter, or maintain
  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 judiciary.
SEC. 14. EFFECTIVE DATE OF ACT.
  (a) This Act shall be effective sixty days after the Act is signed into law.
  (b) Within one hundred and eighty days after this Act becomes effective,
  the Director and the Administrator of the General Services Administration
  shall develop and submit to the Committee on Environment and Public Works
  of the Senate and the Committee on Public Works and Transportation of the
  House of Representatives, for consideration and approval, a plan for the
  implementation of this Act, including, as agreed to by the Director and the
  Administrator, any transfer of funds previously paid by the Director into
  the Federal Building Fund and any transfer of title or leasehold interest
  for court accommodations from the Administrator to the Director.