A legislative battle is unfolding over the control of federal courthouses, with the General Services Administration (GSA) expressing strong opposition to a bill that would transfer property management authority to the judiciary. The GSA, which acts as the landlord for most federal courthouses, argues that the judiciary has a history of mishandling building maintenance, leading to significant repair costs and safety concerns.
The Judicial Space and Facilities Management Effectiveness Act, introduced by Senators Dick Durbin, D-Ill., Kevin Cramer, R-N.D., and John Boozman, R-Ark., proposes allowing the judiciary to assume real property authority in up to 10 federal judicial districts. Proponents of the bill contend that the GSA's own maintenance record has been inadequate.
The GSA points to a pilot program initiated in 1988, where participating courts assumed greater facilities responsibilities. According to agency records, these courts faced substantial repair expenses after taking on duties like maintenance and repair. The GSA modified the program in 2004 to make participating agencies responsible for additional repair costs, including major and unforeseen issues. Consequently, the Judicial Conference voted in 2005 to exit the program as a cost-saving measure.
Only one courthouse, the Hugo Black Federal Courthouse in Birmingham, Alabama, reportedly remained under the judiciary's direct management after the program's discontinuation. The GSA states that this facility deteriorated significantly, accumulating approximately $57.7 million in overdue maintenance. An analysis by the GSA highlighted extensive safety hazards, such as improper chemical storage, non-operational elevator emergency phones, and poorly maintained fire protection systems.
Despite managing the Birmingham courthouse, the judiciary reportedly sought technical assistance from the GSA for complex repairs and utilized GSA service contract templates for its own contracting needs, according to the agency.
The judiciary, however, strongly disputes these claims. An Administrative Office spokesman asserted that courts have extensive experience managing complex business operations, including budgets, finances, and information technology. The judiciary also highlighted the GSA's current maintenance backlog, which it estimates at over $8.3 billion, leaving federal courthouses to deal with issues like broken elevators and storm damage.
"The Judiciary has endured 15 years of sustained failure to maintain our nation’s courthouses. We are seeking Real Property Authority for one reason—we have no choice," the Administrative Office spokesman stated.
The GSA attributes the broader maintenance backlog to a "broken Congressional authorization and appropriations process," citing funding shortfalls and delays. GSA Administrator Edward Forst indicated that the agency is undertaking significant efforts to address the backlog, emphasizing that legislative changes to funding and approval rules are necessary.
Forst also noted the successful completion of the new U.S. Courthouse in Huntsville, Alabama, in 2024, which came in $7 million under budget and features advanced security and energy-efficient technology. The GSA asserts that it is the most experienced and efficient building manager within the federal government.
Government Accountability Office (GAO) studies, cited by the GSA, suggest that fragmenting the current model could lead to increased costs, decreased accountability, and diminished safety. GAO has also found that congressional funding constraints contribute to deferred maintenance in federal buildings and cautioned that transferring property authority to the judiciary would not, by itself, secure additional funding or guarantee necessary expertise.
A spokesperson for the judiciary maintained that basic facilities upkeep is integral to their operations, stating, "Maintaining a safe, functional environment is essential to the administration of justice."