Judiciary Office Building Development Act
PL 100-480 (S.1934), enacted 10/07/1988

102 STAT. 2328 
PUBLIC LAW 100-480—OCT. 7, 1988 
Public Law 100-480 
100th Congress 
An Act 
Oct. 7, 1988 
[S. 1934] 
Judiciary Office 
Building 
Development 
Act 
40 u s e 1201 
note. 
40 u s e 1201. 
Pursuant to the report ordered by Public Law 99-229 which directed the Architect of 
the Capitol and the Secretary of Transportation to undertake a study of the needs 
of the Federal judiciary for additional Federal office space, to authorize the 
Architect of the Capitol to contract for the design and construction of a building 
adjacent to Union Station in the District of Columbia to house agencies offices in 
the judicial branch of the United States, £uid 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 may be cited as the "Judiciary Office Building Develop-
ment Act". 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress makes the following findings and 
declarations: 
(1) Space for consolidation of activities of the Administrative 
Office of the United States Courts and other offices of the 
judicial branch of Government and for providing office space for 
retired justices of the Supreme Court is necessary and should be 
located in the vicinity of the Supreme Court building. 
(2) Orderly development of the Capitol Grounds should be 
consistent with the Master Plan for the United States Capitol, 
dated 1981. 
(3) The cost of leasing space by the judicial branch of the 
Government is high. 
(4) Development of squares 721 and 722 in the District of 
Columbia is necessary to achieve the objectives of the Union 
Station Redevelopment Act and the revitalization of the Union 
Station area. 
(5) The Judicial Conference of the United States endorsed by 
resolution the construction of an office building on the Capitol 
Grounds to house the Administrative Office of the United States 
Courts and related judicial branch offices. 
(b) PURPOSES.—The purposes of this Act are as follows: 
(1) To implement the report submitted to Congress by the 
Architect and the Secretary of Transportation under the Act of 
December 28, 1985 (99 Stat. 1749-1750), relating to the needs of 
the Federal judiciary for additional Federal office space. 
(2) To authorize the Architect to acquire by lease space pri-
marily for use by the judicial branch of the Government by 
entering into contracts for the design and construction of a 
building adjacent to Union Station. 
(3) To ensure that the design and construction of such build-
ing will insofar as practicable result in a building which is 
efficient and economical and which provides visual testimony to 
the dignity, enterprise, vigor, and stability of the Federal 
Government. 
PUBLIC LAW 100-480—OCT. 7, 1988 
102 STAT. 2329 
SEC. 3. CONSTRUCTION OF BUILDING. 
40 USC1202. 
(a) SELECTION PROCESS.— 
(1) GENERAL RULE.—The Architect, under the direction of the 
Commission and in accordance with such policies and proce-
dures as the Architect shall establish, shall select in accordance 
with provision of this subsection a person to develop squares 721 
and 722 Grounded 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 the 
date of the enactment of this Act, 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 Act and resubmit such pro-
posal to the Architect. 
(3) SELECTION OF REVISED PROPOSAL.—Subject to paragraph (4), 
not later than 120 days after the date of the enactment of this 
Act, 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 pareigraph (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 Colum-
bia. Such competition shall be conducted in accordance with 
such policies and procedures £is 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 Adminis-
trative 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 (includ-
ing 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 pa3mient 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 Act may not exceed 
520,000 gross square feet in size above the level of Columbia 
Plaza in the District of Columbia. 
(B) HEIGHT OP BUILDING.—The height of the building and 
other improvements shall be compatible with the height of 
surrounding Government and historic buildings and con-
102 STAT. 2330 
PUBLIC LAW 100-480—OCT. 7, 1988 
form 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 impor-
tance 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. 
O
t
>
) DEVELOPMENT AGREEMENT.— 
(1) AUTHORITY TO ENTER.—The Architect may enter into with 
the person selected to develop squares 721 and 722 under subsec-
tion (a) an agreement for the development of such squares. 
Except as otherwise provided in this Act, such agreement shall 
provide for development of such squares substantially in accord-
ance 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 Act, 
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 con-
structed or otherwise made on or to squares 721 and 722 
will immediately revert to the United States at the expira-
tion of not more than 30 years from the effective date of the 
lease agreement entered into under section 4 without pay-
ment 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 Act and the 
lease agreement will contain such terms and conditions as 
may be prescribed by the Architect to carry out the objec-
tives of this Act. 
The agreement shall include a copy of the lease agreement 
entered into under section 4 by the Architect and the person 
selected to develop squares 721 and 722. 
(c) CHILLED WATER AND STEAM FROM THE CAPITOL POWER PLANT.— 
(1) AUTHORITY FOR HOOKUP TO CAPITOL POWER PLANT.—The 
building to be constructed under this Act 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 Ot)) 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 re-
imburse 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 
v'-^^^^^^^-i*»5:'»<»«*''5"".»"''''-. 
PUBLIC LAW 100-480—OCT. 7, 1988 
102 STAT. 2331 
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 Act 
is connected with the Capitol Power Plant pursuant to para-
graph (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 Act shall meet all stand-
ards 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 inspec-
tion (including any such law enacted by Congress). 
(e) APPUCABIUTY OF CERTAIN LAWS.—The building and other Taxes. 
improvements constructed under this Act shall not be subject to any 
law of the District of Columbia relating to real estate and personal 
property taxes, special assessments, or other tsixes (including any 
such law enacted by Congress). 
SEC. 4. LEASE OF BUILDING BY ARCHITECT OF THE CAPITOL. 
40 USC 1203. 
(a) ENTRY INTO LEASE AGREEMENT.—Before the development 
agreement is entered into under section 3, the Architect shall enter 
into with the person selected to construct the building under this 
Act an agreement for the lease of such building by the Architect to 
carry out the objectives of this Act. 
(b) TERMS OF LEASE AGREEMENT.—The agreement entered into 
under this section shall include at a minimum the following terms: 
(1) The Architect will lease the building and other improve-
ments for a term not to exceed 30 years from the effective date 
of such lease agreement. 
(2) 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 United States and carry out the objectives of this 
Act, but in no case may the aggregate rental rate for all space in 
the building and other improvements produce an amount less 
than the amount necessary to amortize the cost of development 
of squares 721 and 722 over the term of the lease. 
(3) Authority for the Architect to make space available and to 
sublease space in the building and other improvements in 
accordance with section 6 of this Act. 
(c) ACCOUNTING SYSTEM.—The Architect shall maintain an 
accounting system for operation and maintenance of the building 
and other improvements to be constructed under this Act which will 
permit accurate projections of the dates and the costs of major 
repairs, improvements, reconstructions, and replacements of such 
building and improvements and other capital expenditures on such 
building and improvements. 
(d) OBUGATION OF FUNDS.—Obligation of funds for lease payments 
under this section may only be made on an annual basis and may 
only be made from the account established by section 9. 
SEC. 5. STRUCTURAL AND MECHANICAL CARE AND SECURITY. 
40 USC 1204. 
(a) STRUCTURAL AND MECHANICAL CARE.—Upon occupancy by the 
United States of the building and other improvements constructed 
under this Act, the structural and mechanical care and mainte-
102 STAT. 2332 
PUBLIC LAW 100-480—OCT. 7, 1988 
nance of such building and improvements (including the care and 
maintenance of the grounds of such building) shall be the respon-
sibility of the Architect, under the direction of the Commission, in 
the same manner and to the same extent as the structural and 
mechanical care and maintenance of the United States Supreme 
Court Building under the Act of May 7,1934 (48 Stat. 668; 40 U.S.C. 
13a), and all other duties and work required for the operation and 
domestic care of such building and improvements shall be per-
formed by the Architect, under the direction of the Commission, 
(b) SECURITY.— 
(1) GENERAL RULE.—The United States Capitol Police shall be 
responsible for all exterior and interior security of the building 
and other improvements constructed under this Act. 
(2) AUTHORITY OF SUPREME COURT MARSHAL.—Nothing in this 
Act shall be construed to interfere with the obligation of the 
Marshal of the Supreme Court of the United States to protect 
justices, officers, employees, or other personnel of the Supreme 
CJourt who may occupy the building and other improvements. 
(3) REIMBURSEMENT.—The Architect shall transfer from the 
account established by section 9 such amounts as may be nec-
essary to reimburse the United States Capitol Police for ex-
penses incurred in providing exterior and interior security 
under this subsection. The United States Capitol Police may 
accept amounts transferred by the Architect under this para-
graph, and such amounts shall be credited to the appropriation 
account charged by the United States Capitol Police in execut-
ing the performance of security duties. 
40 use 1205. 
SEC. 6. ALLOCATION OF SPACE. 
(a) GOVERNMENTAL ENTITIES.— 
(1) JUDICIAL BRANCH.—Subject to the provisions of this sec-
tion, the Architect shall make available, on a reimbursable 
basis, all space in the building and other improvements con-
structed under this Act to the judicial branch of the United 
States substantially in accordance with the report referred to in 
section ZQ^KD. 
(2) OTHER.—Any space in the building and other improve-
ments constructed under this Act which the Chief Justice deter-
mines 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 Act. 
(4) REIMBURSEMENT RATE.—All space made available by the 
Architect under this subsection shall be subject to reimburse-
ment at the rate established under section 4(bX2) 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 (Dourts, 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 
PUBLIC LAW 100-480—OCT. 7, 1988 
102 STAT. 2333 
structural, mechanical, and domestic care) which are attrib-
utable 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 Act, the Architect 
shall accommodate those requirements (i) in the case of 
space made available to the Administrator of General Serv-
ices, by a date agreed upon under subparagraph (B), or (ii) 
in the case of space made available to any person or govern-
mental entity (other than the General Services Administra-
tion), 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 THE JUDICIAL BRANCH.—The 
Director of the Administrative Office of the United States 
Courts may £issign 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. 
O
t
)
) NONGOVERNMENTAL TENANTS.— 
(1) GENERAL RULE.—Any space in the building and other 
improvements constructed under this Act which the Chief Jus-
tice determines is not needed by the judicial branch of the 
United States shall first be offered to other Federal govern-
mental entities which are not staff of Members of Congress or 
Congressional Committees; and then, if any space remains, it 
may be sublesised 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 facili-
ties in the area but not less than the rate established under 
section 403)(2) 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 struc-
tural, 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 agen-
cies housed in the building. The provisions of section 4 of the 
Act of July 31, 1946 (60 Stat. 718; 40 U.S.C. 193d), and section 
451 of the Legislative Reorganization Act of 1970 (84 Stat. 1193; 
40 U.S.C. 193m-l) shall not apply to any space in the building 
102 STAT. 2334 
PUBLIC LAW 100-480—OCT. 7, 1988 
and other improvements subleased to a non-Government tenant 
under this subsection. 
(4) COLLECTION OF RENT.—The Architect shall collect rent for 
space subleeised under this subsection. 
(c) DEPOSIT OF RENT AND REIMBURSEMENTS.—All funds received 
under this subsection (including lease payments and reimburse-
ments) shall be deposited into the account established by section 9. 
40 use 1206. 
SEC. 7. COMMISSION FOR JUDICIARY OFFICE BUILDING. 
(a) ESTABUSHMENT.—There is established a Commission to be 
known as the Commission for the Judiciary Office Building. 
(b) MEMBERSHIP.—The Commission shall be composed of the fol-
lowing 13 members: 
(1) Two individuals appointed by the Chief Justice from 
among justices of the Supreme Court and other judges of the 
United States (or their designees). 
(2) The members of the House Office Building Commission (or 
their designees). 
(3) The majority leader and minority leader of the Senate (or 
their designees). 
(4) The Chairman and the ranking minority member of the 
Senate Committee on Rules and Administration (or their des-
ignees). 
(5) The Chairman and the ranking minority member of the 
Senate Committee on Environment and Public Works (or their 
designees). 
(6) The Chairman and ranking minority member of the 
Committee on Public Works and Transportation of the House of 
Representatives (or their designees). 
(c) DUTIES.—The Commission shall be responsible for supervision 
of 
design, 
construction, 
operation, 
maintenance, 
structural, 
mechanical, and domestic care and security of the building to be 
Regulations. 
constructed under this Act. The Commission shall from time to time 
prescribe rules and regulations to govern the actions of the Ar-
chitect under this Act and to govern the use and occupancy of all 
space in such building. 
(d) QUORUM.—Seven members of the Commission shall constitute 
a quorum. 
SEC. 8. REPEAL OF DOT AUTHORITY. 
Section 116(a)(2) of the National Visitor Center Facilities Act of 
1968 (40 U.S.C. 816(a)(2)), relating to assignment of squares 721 and 
722 to the Secretary of Transportation, is repealed. 
40 use 1207. 
SEC. 9. FUNDING. 
(a) SEPARATE ACCOUNT.—There is established in the Treasury of 
the United States a separate account. Such account shall include all 
amounts deposited therein under section 6(c) and such amounts as 
may be appropriated thereto but not to exceed $2,000,000. Amounts 
in the account shall be available to the Architect for paying ex-
penses for structural, mechanical, and domestic care, maintenance, 
operation, and utilities of the building and other improvements 
constructed under this Act, for reimbursing the United States Cap-
itol Police for expenses incurred in providing exterior and interior 
security for the building and other improvements, for making lease 
payments under section 4, and for necessary personnel (including 
consultants). 
PUBLIC LAW 100-480—OCT. 7, 1988 
102 STAT. 2335 
(b) UNEXPENDED BALANCES OF FUNDS.—The unexpended balance 
of funds appropriated by the Urgent Supplemental Appropriations 
Act, 1986 under the heading "Study of Construction of Office Build-
ing" (100 Stat. 717) are transferred to the Architect on the date of 
the enactment of this Act. Such unexpended balance shall be avail-
able for design review, construction inspection, contract administra-
tion, and such other project related costs under this Act as the 
Architect may deem appropriate. 
SEC. 10. DEFINITIONS. 
40 USC 1208. 
As used in this Act— 
(1) ARCHITECT.—The term "Architect" means the Architect of 
the Capitol. 
(2) CHIEF JUSTICE.—The term "Chief Justice" means the Chief 
Justice of the United States or his designee; except that in any 
CEise in which there is a vacancy of the office of the Chief Justice 
of the United States, the most senior associate justice of the 
Supreme Court shall be treated as the Chief Justice of the 
United States for purposes of this Act until such time as such 
vacancy is filled. 
(3) COMMISSION.—The term 
"Commission" means the 
Commission for the Judiciary Office Building established by 
section 7. 
Approved October 7, 1988. 
LEGISLATIVE HISTORY—S. 1934: 
HOUSE REPORTS: No. 100-884 (Comm. on Public Works and Transportation). 
SENATE REPORTS: No. 100-358 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
June 7, considered and passed Senate. 
Sept. 20, considered and passed House, amended. 
Sept. 23, Senate concurred in House amendment.