Dive Brief:

• A bipartisan group of senators introduced a bill on July 30 that would transfer the maintenance, management and security and management of several federal courthouses to the judiciary. Currently, the facilities are managed by the U.S. General Services Administration.
• The “Judicial Space and Facilities Management Effectiveness Act” creates a pilot program that allows the Administrative Office of the U.S. Courts to control facilities in up to 10 judicial districts. It also establishes a dedicated fund for building acquisition, construction and repairs, while requiring independent audits and regular reports to Congress. The effort is aimed at addressing an estimated $8 billion backlog of deferred maintenance.
• GSA has contested the move. Agency leadership argued earlier this year that the judicial branch lacks the internal resources and infrastructure expertise to handle the work that needs to be done, according to reporting by Bloomberg Law.

Dive Insight:

The legislation comes after years of criticism that GSA has failed to maintain the country’s federal courthouses. Federal judges have faulted GSA for "decades of inadequate management and oversight," saying the agency's shortcomings have contributed to an estimated $8.3 billion repair backlog and a growing courthouse infrastructure crisis.

Judge Robert J. Conrad Jr., director of the Administrative Office of the U.S. Courts, said the measure will allow the judiciary to demonstrate that it can manage and maintain its own facilities while giving Congress an opportunity to evaluate the approach before considering a broader transfer of authority.

"The introduction of this bipartisan bill takes a big step toward addressing the chronic problems that have afflicted federal courthouses and other mission-critical facilities of the Judicial Branch," Conrad said. "The Judiciary can do a better job operating and maintaining its property. This bill would give us a chance to demonstrate operational capability on a limited scale while providing Congress with necessary oversight and evaluation opportunities before considering a broader expansion of authority."

The judiciary has sought authority to manage its own courthouses since 1989. In February, it formally asked Congress to grant it real property authority, arguing that deteriorating conditions in courthouses and other mission-critical buildings require a new management model. The newly introduced legislation closely tracks the proposal the Judiciary submitted earlier this year.

The push for reform follows several high-profile courthouse maintenance failures. Earlier this year, a federal judge in Chicago said he contracted Legionnaires' disease from the water system at the Dirksen U.S. Courthouse. In Maryland, elevated levels of Legionella bacteria were detected in multiple Baltimore courthouses, prompting temporary closures, extensive flushing of water systems and the relocation of district court operations.

Aging infrastructure has resulted in elevators trapping judges, employees and members of the public for hours, ceilings collapsing during trials and mold sickening court personnel, according to a judiciary background paper submitted to Congress. Court officials also reported lengthy delays for emergency repairs, with some problems remaining unresolved.

If Congress grants real property authority, the Judiciary said it could prioritize critical repairs, accelerate responses to water damage and weather-related emergencies, replace failing elevators more quickly and streamline day-to-day building operations by eliminating layers of bureaucracy. Judiciary officials contend the change would help reduce the growing repair backlog while improving the safety and reliability of federal courthouses.

The federal judiciary occupies 396 government-owned buildings and 379 leased facilities nationwide. More than 80% of its space is in GSA-owned buildings, according to the Administrative Office of the U.S. Courts. The judiciary pays approximately $1.3 billion in annual rent to GSA.