The Judiciary FY 2017 Congressional Budget Summary. PREPARED BY THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS WASHINGTON, DC February 2016

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1 The Judiciary FY 2017 Congressional Budget Summary PREPARED BY THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS WASHINGTON, DC February 2016

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3 Foreword Overview The Judiciary s FY 2017 discretionary budget request of $7.0 billion is a 3.2 percent increase over the Judiciary s FY 2016 enacted discretionary appropriations level of $6.8 billion. FY 2016 Priorities The Judicial Conference is grateful for the continued support of Congress in this difficult and constrained fiscal environment. The FY 2016 funding levels will enable the Judiciary to maintain current services across the Judiciary, and will enable investment in important new or upgraded program initiatives needed to support judicial operations. During FY 2016, the court units will be able to maintain onboard staffing levels and continue to fill critical vacancies needed to meet workload demands. In addition, funding will support much needed information technology (IT) initiatives that will enhance the judicial process and/or produce cost savings and avoidance. The Judiciary plans to use $19.0 million on a multi-year effort to implement enterprise hosting and cloud computing for the courts that will improve IT security and continuity of operations capabilities, and $7.0 million of FY 2016 funding and available FY 2015 balances will be used to replace the Judiciary s outdated system. The Judiciary continues to strengthen its cyber security initiatives in the wake of the Office of Personnel Management s cyber incident. This series of events brought to the forefront both the importance of cyber security and how a lapse in IT security can expose sensitive information. The Judiciary plans to strengthen its cybersecurity efforts further in FY The Judiciary will continue to improve its federal defendant and offender supervision practices throughout the country by spending approximately $15.0 million on the probation and pretrial services program to expand its evidence-based efforts and Staff Training Aimed at Reducing Re-arrest (STARR). These resources will assist with reducing recidivism rates for offenders under supervision in the community. In FY 2016, federal defender organizations (FDOs) will be able to continue backfilling staff vacancies and to hire additional staff to meet workload demands, as called for in the recentlydeveloped staffing formula for FDOs. FY 2016 funding also allows panel attorneys to receive cost-of-living adjustments (COLA) to their hourly rate for work in capital and non-capital representations, and an above-cola increase to the noncapital rate from $128 to $129 per hour effective January 1, This is the first increase above inflation to this rate since FY Additionally, the FY 2016 enacted appropriations will allow for improved security at our courthouses. This includes funding for additional court security officers in the courts as part of the first year of a phased, multi-year implementation of new staffing standards recommended by the U.S Marshals Service. Finally, FY 2016 enacted funding will support the projected need for petit and grand jurors. i

4 FY 2017 Budget Request The FY 2017 budget request will maintain current services across the Judiciary and sustain progress on several major initiatives initiated in FY For the courts Salaries and Expenses account, the Judiciary requests $5.1 billion, an increase of $127 million in discretionary appropriations over the FY 2016 enacted level. This request includes funding to support the court staffing levels needed to meet workload requirements, including additional staff for post-conviction supervision of 6,000 drug offenders released from prison as a result of the July 2014 decision of the U.S. Sentencing Commission to apply retroactively a sentencing guideline reduction for federal drug crimes. For the Defender Services account, the Judiciary requests $1.1 billion, an increase of $51 million over the FY 2016 enacted level which includes sufficient funding to support the projected number of representations for FY 2017 and to continue hiring staff as called for in the new FDO staffing formula to meet workload requirements. The request also includes funding for panel attorneys to receive COLAs and for a $6 per hour above- COLA increase to the non-capital panel attorney hourly rate (from $131 per hour to $137 per hour) to close the gap between the current rate and the statutorily authorized maximum. The Judiciary s request also includes $565.4 million for Court Security, an increase of $27.2 million over the enacted FY 2016 level to protect judges, court staff, and the public at court facilities. This funding level will support security-related IT maintenance and enhancements and provides $3.6 million for additional CSO positions as part of the second year of a phased, multi-year implementation of the revised CSO staffing standards. For the Fees of Jurors account, the Judiciary seeks $43.7 million, a decrease of $0.5 million from the FY 2016 enacted levels due to declining jury trials; however, this is sufficient to fund all projected juror requirements. The request also includes $3.8 million for a $10 increase to the daily juror attendance fee (from $40 to $50), effective January 2017, to compensate jurors more adequately for their services. The juror fee has not been increased since December 1990, even though the cost of living has increased significantly since that time. Cost Containment The Judiciary s aggressive cost-containment efforts have achieved cost savings and cost avoidance for over a decade and will continue to do so. These efforts focus on the areas that may have the greatest impact on long-term savings, including GSA space rent, personnel expenses, information technology, and operating expenses. The Judiciary continues to make strides toward its goal of reducing its space footprint by three percent by the end of FY Approximately 445,000 square feet of space has already been removed from the GSA rent bill. This represents about 50 percent of the Judiciary s space reduction target. The Judiciary continues to update its work measurement formulas on a regular basis to incorporate best practices, shared administrative services, improvements in information technology, and other ii

5 efficiencies. In September 2015, the Judicial Conference approved new staffing formulas for probation and pretrial services offices, and the first ever staffing formula for FDOs. During FY 2015, the Government Accountability Office (GAO) conducted a study, at the request of Senator Charles Grassley, on sequestration and cost containment in the Judiciary. This comprehensive study examined the Judiciary s current methodology for calculating savings and cost avoidance and provided recommendations for the Judiciary to further strengthen its cost savings estimates and reporting. In November 2015, the GAO issued a final report and the Judiciary is determining how it will respond to the report s recommendations. Courthouse Construction and Capital Security Improvements Because the Judiciary lacks independent real property authority, the Judiciary s courthouse construction and capital security projects are funded from the General Services Administration s (GSA) budget. The Judiciary is extremely grateful to Congress for providing $948 million in FY 2016 to GSA for the construction of courthouses on the Judiciary s Courthouse Project Priorities (CPP) plan. These resources will fully fund the top eight courthouse projects on the CPP. For FY 2017, the Judiciary requests that Congress provide GSA $26 million for additional capital security projects to ameliorate security deficiencies in existing courthouse buildings where physical renovations are viable in lieu of construction of a new courthouse. The stable and consistent funding of these projects is crucial to addressing serious security risks that threaten the safety of the Judiciary and the public. Summary The Judiciary s FY 2017 discretionary budget request of $7.0 billion is summarized in the following pages. A more detailed description of the Judiciary s FY 2017 request, as well as the requests for courthouse construction and capital security requirements can be found in The Judiciary, Budget Estimates for FY 2017, Congressional Julia S. Gibbons James C. Duff United States Circuit Judge Director, Administrative Office for the Sixth Circuit Court of Appeals of the United States Courts Chair, Budget Committee of the Secretary, Judicial Conference of the United States Judicial Conference of the United States iii

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7 TABLE OF CONTENTS Page Foreword....i Overview of the Judiciary...1 FY 2017 Budget Summary - Details of Request...5 Summary Tables Judiciary Appropriation Funding...8 Summary of FTE for FY FY FY 2017 Summary of Requested Changes..10 Outlays for FY 2015 FY FY 2017 Request Summary by Appropriation Supreme Court of the United States Salaries and Expenses 15 Care of the Building and Grounds.17 United States Court of Appeals for the Federal Circuit...19 United States Court of International Trade..21 Court of Appeals, District Courts and Other Judicial Services Salaries and Expenses 23 Defender Services..35 Fees of Jurors and Commissioners.41 Court Security 45 Administrative Office of the United States Courts..51 Federal Judicial Center...53 Judicial Retirement Funds...55 United States Sentencing Commission 57 Judiciary Appropriations Language...59 Title III Administrative Provisions The Judiciary 63 Title VI General Provisions Judiciary Space Priorities for FY 2017 Budget Request Courthouse Construction.67 Capital Security Program 69 v

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9 \ Overview of The Judiciary The Federal Judiciary United States Supreme Court U.S Court of Appeals 12 Regional Circuit Courts of Appeals 1 U.S. Court of Appeals for the Federal Circuit Trial Courts U.S District Courts U.S. Bankruptcy Courts U.S. Court of International Trade U.S. Court of Federal Claims Other Judiciary Entities/Programs Probation and Pretrial Services Defender Services Court Security Fees of Jurors and Commissioners Administrative Office of the U.S. Courts Federal Judicial Center Judiciary Trust Funds United States Sentencing Commission The organization of the judiciary, the district and circuit boundaries, the places of holding court, and the number of federal judges are established by laws passed by Congress and signed by the President. The number of federal judges in each district and in the courts of appeals is authorized by Congress on the basis of workload. In addition to the adjudication of cases, other related functions, such as the provision of criminal defense services and the supervision of offenders, are prescribed by statute. The following sections provide a brief overview of the work of the courts and other related activities of the Judicial Branch. United States Supreme Court The United States Supreme Court consists of nine justices, one of whom is appointed as Chief Justice of the United States. The Supreme Court is the final arbiter in the federal court system. United States Courts of Appeals There are 13 courts of appeals and 179 authorized appellate court judgeships nationwide. Twelve of the courts of appeals have jurisdiction over cases within a regional area or circuit. The twelve regional courts of appeals review cases from the United States district courts and the United States Tax Court, and orders and decisions from a number of federal administrative agencies. 1

10 The United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit has exclusive national jurisdiction over a large number of diverse subject areas, including international trade, government contracts, patents, trademarks, certain money claims against the United States government, federal personnel, and veterans benefits. Appeals to the court come from all 94 federal district courts, as well as the United States Court of Federal Claims, the United States Court of International Trade, and the United States Court of Appeals for Veterans Claims. There are 12 authorized Article III circuit judgeships nationwide. United States District Courts There are 94 district courts in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories of Guam, the U.S. Virgin Islands and the Northern Mariana Islands. The U.S. District Courts are the courts of general jurisdiction in the federal court system, and most federal cases are initially tried and decided in these courts. There are 677 authorized Article III district court judgeships nationwide. The Federal Magistrates Act of 1968 created the office of magistrate judge to assist the district court judges. Magistrate judges are non-article III judges appointed by the district judges, and they serve for a term of years rather than a lifetime appointment. Full-time magistrate judges serve a term of eight years and may be reappointed. United States Bankruptcy Courts The bankruptcy courts are separate units of the district courts. Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court. United States bankruptcy judges are non-article III judges appointed by the courts of appeals for a term of years rather than a lifetime appointment. They serve for a term of 14 years and may be reappointed. United States Court of International Trade The Court of International Trade, with nine Article III judges, has exclusive nationwide jurisdiction of civil actions against the United States, its agencies and officers, and certain civil actions brought by the United States, arising out of import transactions and the administration and enforcement of the federal customs and international trade laws. United States Court of Federal Claims The Court of Federal Claims has nationwide jurisdiction over certain types of claims against the federal government. Its 16 judges are appointed for a term of 15 years by the President with the advice and consent of the Senate. Judges appointed to the Court of Federal Claims are authorized under Article I of the constitution and do not have the tenure and salary protections of Article III judges. 2

11 Probation and Pretrial Services Federal probation and pretrial services officers protect the public through the investigation and supervision of defendants and offenders within the federal criminal justice system. A pretrial services officer supervises defendants awaiting trial who are released into our communities and provides a source of information upon which the court can determine conditions of release or detention while criminal cases are pending adjudication. In support of sentencing determinations, which require both uniformity of practice and attention to individual circumstances, probation officers provide the court with reliable information concerning the offender, the victim, and the offense committed, as well as an impartial application of the sentencing guidelines. Probation officers supervise offenders sentenced to probation, as well as offenders coming out of federal prison who are required to serve a term of supervised release. Defender Services The federal judiciary oversees and administers the federal defender and appointed counsel program, which provides legal representation and other services to persons financially unable to obtain counsel in criminal and related matters in federal court. The Sixth Amendment to the Constitution guarantees that [i]n all criminal prosecutions the accused shall enjoy the right...to have the assistance of counsel for his defense. The Criminal Justice Act provides that courts shall appoint counsel from federal public and community defender organizations or from a panel of private attorneys ( panel attorneys ) established by the court. Court Security The judiciary s Court Security appropriation funds protective guard services and security systems and equipment for United States courthouses and other facilities housing federal court operations. These services are contracted for and managed by the Department of Justice s United States Marshals Service, with additional guard services provided by the Department of Homeland Security s Federal Protective Service. Fees of Jurors and Commissioners The judiciary receives funding to provide for the statutory fees and allowances of federal grand and petit jurors and for the compensation of land commissioners. Administrative Office of the U.S. Courts The Administrative Office of the U.S. Courts is the central support entity for the judicial branch. It has management oversight of the court security program, the probation and pretrial services program, and the defender services program. It supports the Judicial Conference of the United States in determining judiciary policies; develops new methods, systems, and programs for conducting the business of the federal courts efficiently and economically; develops and supports the application of technology; collects and analyzes statistics on the business of the federal courts for accurate planning and decisions about resource needs; provides financial management services and personnel and payroll support; and conducts audits and reviews to ensure the continued quality and integrity of federal court operations. 3

12 Federal Judicial Center The Federal Judicial Center is the judiciary s research and education agency. The Center undertakes research and evaluation of judicial operations and procedures for both the committees of the Judicial Conference and the courts themselves. It provides judges, court personnel, and others orientation, continuing education and training through seminars; curriculum units for in-court use; monographs and manuals; and audio, video, and interactive media programs. Payment to Judicial Retirement Funds This appropriation finances annuity payments to retired bankruptcy judges and magistrate judges, U.S. Court of Federal Claims judges, and spouses and dependent children of deceased judicial officers. United States Sentencing Commission The U.S. Sentencing Commission promulgates sentencing policies, practices, and guidelines for the federal criminal justice system. The Chair, three Vice Chairs, and three other voting commissioners are appointed by the President with the advice and consent of the Senate. 4

13 Budget Summary Details of Request The judiciary s appropriation request for FY 2017 totals $7,582,995,000 (includes mandatory and discretionary), an increase of $239,222,000, or 3.3 percent over the FY 2016 enacted appropriations. Of that increase, $25,552,000 is for mandatory appropriations (4.5 percent increase) and $213,670,000 is for discretionary appropriations (3.2 percent increase). Adjustments to Base (Mandatory Appropriations) A $25.6 million increase is requested for mandatory judiciary appropriations, as follows: 1. An increase of $12.9 million is required for the judiciary retirement trust funds accounts based on requirements calculated by an independent actuary. 2. An increase of $7.2 million is for pay adjustments for Article III and bankruptcy judges for the Supreme Court, the Court of Appeals for the Federal Circuit, the Court of International Trade, and the S&E account, including the annualization of the FY 2016 pay adjustment, a proposed January 2017 pay adjustment, and changes in benefits costs. 3. An increase of $5.5 million is associated with an additional 11 senior judges FTE, an additional 6 active Article III judges FTE, and an additional 8 bankruptcy judges FTE. Adjustments to Base (Discretionary Appropriations) A total of $179.7 million (84.1 percent) of the requested $213.7 million discretionary increase will provide for pay adjustments, inflation and other adjustments to base necessary to maintain current services. Base adjustments include: 4. An increase of $87.4 million will provide for inflationary pay and benefit rate increases for magistrate and claims judges, judges staff, and supporting personnel. This includes annualizing the January 2016 pay adjustment, a proposed January 2017 pay adjustment, changes in benefit costs, cost-of-living rate increases for panel attorneys, and a wage rate adjustment for court security officers. 5. A net increase of $57.4 million is necessary to replace nonappropriated sources of funds used to support base requirements in FY 2016 with direct appropriations. The judiciary will keep the Appropriations Subcommittees informed of any change in this estimate. 6. A net increase of $18.2 million is requested for annualizing new space delivered in FY 2016, the cost of new space expected to be delivered in FY 2017, space related inflation, and other space-related adjustments 5

14 7. An increase of $14.0 million will provide for increases in contract rates and other standard inflationary increases. 8. An increase of $11.9 million is associated with an additional 37 senior judges staff, an additional 30 Article III judges staff, and an additional 28 bankruptcy judges staff. 9. An increase of $10.7 million is associated with adjustments to security systems and equipment requirements. 10. An increase of $8.4 million is associated with a projected increase in panel attorney capital and non-capital representations. 11. An increase of $6.3 million will provide for annualizing 28 federal defender organization positions, 2 case budgeting positions, 4 staff at the U.S. Sentencing Commission and 69 additional court security officer positions initially funded in FY An increase of $5.0 million will provide for estimated increases in Federal Protective Service (FPS) security charges, based on rates established by FPS. 13. A net decrease of $27.8 million is due to reduced information technology requirements in FY A decrease of $5.2 million is for a temporary reduction to the court security officer (CSO) program due to high CSO vacancy rates. 15. A decrease of $2.2 million is associated with non-recurring costs for new judges in FY A decrease of $1.8 million is associated with non-recurring costs associated with the technology fund at the Supreme Court (-$0.6 million) and projects funded with the Supreme Court s Care of the Building and Grounds account (-$1.2 million). 17. A decrease of $1.7 million is associated with non-recurring requirements associated with the review of the Criminal Justice Act (CJA) program. 18. A net decrease of $0.6 million is associated with a projected net change in available jurors. 19. A decrease of $0.2 million is associated with anticipated savings in panel attorney costs in the Defender Services account as a result of the addition of two new casebudgeting attorney positions in FY Program Increases (Discretionary Appropriations) The remaining $34.0 million (15.9 percent) of the requested increase is for program enhancements including: 20. An increase of $11.5 million is requested for 50 FTE for the continued implementation of the new FDO staffing formula. 6

15 21. An increase of $6.7 million will provide for 73 FTE for probation and pretrial services offices to meet projected increases in workload. 22. An increase of $4.8 million will provide for the design and construction costs for the continuation of the exterior stone restoration project at the Supreme Court. 23. An increase of $3.8 million is requested to increase the daily juror attendance fee by $10 (from $40 to $50) for grand and petit jurors, effective January An increase of $3.6 million is requested to hire an additional 69 CSOs for the second year of the phased implementation of the new CSO staffing standards. 25. An increase of $1.9 million will provide for a $6 hourly rate increase above inflation, from $131 to $137 per hour, for non-capital cases, effective January An increase of $1.5 million will provide funding to operate and maintain the Facilities Access Card (FAC) program as it moves from the implementation phase into a sustainment phase. 27. An increase of $1.3 million is requested for two additional magistrate judges (2 FTE), six support staff (6 FTE), and associated operating costs for Denver, CO and Wichita Falls, TX or Fort Worth, TX. 28. An increase of $1.0 million will provide funding to define system requirements and conduct system development planning for replacing the Judicial Security Management and Reporting Tool (JSMART), which is the USMS information technology system for USMS-supported court facilities. 29. A decrease of $2.0 million is associated with a projected decline in caseload for circuit units and courts of appeals (- 9 FTE) and district courts (-15 FTE). 7

16 THE JUDICIARY Judiciary Appropriation Funding ($000) FY 2015 Enacted FY 2016 Enacted FY 2017 Request Appropriation Account Mandatory 1 Discretionary Total Mandatory 1 Discretionary Total Mandatory Discretionary Total Supreme Court Salaries and Expenses 2,527 74,967 77,494 2,562 75,838 78,400 2,611 76,668 79,279 Building and Grounds - 11,640 11,640-9,964 9,964-14,868 14,868 Total, U.S. Supreme Court 2,527 86,607 89,134 2,562 85,802 88,364 2,611 91,536 94,147 Court of Appeals for the Federal Circuit 2,663 30,212 32,875 2,922 30,872 33,794 2,965 30,108 33,073 Court of International Trade 1,176 17,807 18,983 2,005 18,160 20,165 2,044 18,462 20,506 Courts of Appeals, District Courts, and Other Judicial Services: Salaries and Expenses 396,725 4,846,818 5,243, ,733 4,918,969 5,321, ,254 5,045,785 5,461,039 Vaccine Injury Trust Fund - 5,423 5,423-6,050 6,050-6,260 6,260 Total, Salaries and Expenses 396,725 4,852,241 5,248, ,733 4,925,019 5,327, ,254 5,052,045 5,467,299 Defender Services - 1,016,499 1,016,499-1,004,949 1,004,949-1,056,326 1,056,326 Fees of Jurors & Commissioners - 52,191 52,191-44,199 44,199-43,723 43,723 Court Security - 513, , , , , ,388 Subtotal, CADCOJS 396,725 6,434,906 6,831, ,733 6,512,363 6,915, ,254 6,717,482 7,132,736 Administrative Office of the U.S. Courts - 84,399 84,399-85,665 85,665-87,748 87,748 Federal Judicial Center - 26,959 26,959-27,719 27,719-28,335 28,335 Judicial Retirement Funds 143, , , , , ,300 United States Sentencing Commission - 16,894 16,894-17,570 17,570-18,150 18,150 Total Direct 546,691 6,692,361 7,239, ,622 6,772,101 7,337, ,174 6,985,561 7,576,735 Vaccine Injury Trust Fund - 5,423 5,423-6,050 6,050-6,260 6,260 Total, Judiciary 546,691 6,697,784 7,244, ,622 6,778,151 7,343, ,174 6,991,821 7,582,995 1 FY 2015 mandatory levels reflect actuals, with the exception of Supreme Court which reflects the FY 2015 financial plan level. FY 2016 mandatory levels represent FY 2016 financial plan levels. 8

17 The Judiciary Summary of FTE FY 2015 Actual FY 2016 Estimate FY 2017 Request Appropriation Account Mandatory Discretionary Total Mandatory Discretionary Total Mandatory Discretionary Total Supreme Court Salaries and Expenses Building and Grounds Total, U.S. Supreme Court Court of Appeals for the Federal Circuit Court of International Trade Courts of Appeals, District Courts, and Other Judicial Services: Salaries and Expenses 1,786 26,093 27,879 1,793 26,319 28,112 1,818 26,471 28,289 Vaccine Injury Trust Fund Total, Salaries and Expenses 1,786 26,093 27,879 1,793 26,319 28,112 1,818 26,471 28,289 Defender Services - 2,568 2,568-2,784 2,784-2,849 2,849 Fees of Jurors & Commissioners Court Security Subtotal, CADCOJS 1,786 28,718 30,504 1,793 29,175 30,968 1,818 29,392 31,210 Administrative Office of the U.S. Courts Federal Judicial Center Judicial Retirement Funds United States Sentencing Commission Total Direct 1,816 30,218 32,034 1,823 30,771 32,594 1,848 30,989 32,837 Reimbursables, AO Total, Judiciary 1,816 30,619 32,435 1,823 31,245 33,068 1,848 31,463 33,311 9

18 FY 2017 Summary of Requested Changes COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES Supreme Federal International Salaries Defender Fees of Jurors and Court Administrative Fed. Judicial Judicial Sentencing Total Court Circuit Trade and Expenses Services Commissioners Security Subtotal Office Center Retirement Funds Commission Judiciary FTE ($000) FTE ($000) FTE ($000) FTE ($000) FTE ($000) ($000) FTE ($000) FTEs ($000) FTE ($000) FTE ($000) ($000) FTE ($000) FTE ($000) FY 2016 Enacted Appropriation Level - Mandatory 9 2, , ,005 1, , , , , , ,622 FY 2016 Enacted Appropriation Level - Discretionary , , ,160 26,319 4,918,969 2,784 1,004,949 44, ,196 29,175 6,506, , , ,570 30,771 6,772,101 FY 2016 Vaccine Injury Trust Fund , , ,050 Reimbursable FTE FY 2016 Available Appropriation , , ,165 28,112 5,327,752 2,784 1,004,949 44, ,196 30,968 6,915,096 1,095 85, , , ,570 33,068 7,343,773 FY 2017 Adjustments to Base Judges: - Pay and benefit cost adjustments , , ,616 - Additional senior judges , , ,869 - Increase in average number of filled Article III judges , , ,597 - Increase in average number of filled bankruptcy judges , , ,924 - Non-recurring costs of new FY 2016 judges (2,239) (2,239) (2,239) - Payments to judiciary retirement trust funds , ,900 Court Personnel - Pay and benefit cost adjustments - 1, ,127-13, (2,765) - 70,095-1, ,506 - Annualization of FDO positions added in FY , , ,197 - Annualization of positions funded in fiscal year Change in projected panel attorney caseload , , ,380 Other Changes - Funding necessary to maintain current services ,322-11,078 (4,096) , ,407 - Inflation (non-space-related) ,843 `` 2, , ,791 - Vaccine Injury Trust Fund adjustment Space related costs (includes inflation for space rental rates) (8) - 17, , ,188 - Information technology requirements (27,808) (27,808) (27,808) - Change in available jurors (580) (580) (580) - Adjustments to base (non-recurring requirements) - (570) - (1,200) (1,770) - FPS security service charges ,946-4, ,954 - FY 2017 court security officer wage adjustments ,439-10, ,439 - Annualization of court security officer positions (69) ,757-2, ,757 - Temporary reduction to CSO program due to high vacancy rates (5,209) - (5,209) (5,209) - Adjustments to base for security systems and equipment ,701-10, ,701 - Savings related to case-budgeting positions (215) (215) (215) - Non-recurring costs associated with the CJA Review (1,700) (1,700) (1,700) Subtotal, FY 2017 Adjustments to Base (721) , ,988 (4,270) - 21, ,461-2, , ,243 Total Adjustments to Base, Mandatory , , , ,552 Total Adjustments to Base, Discretionary (764) , ,988 (4,270) - 21, ,940-2, ,691 FY 2017 Adjusted Base , , ,506 28,232 5,461,403 2,799 1,042,937 39, ,288 31,103 7,103,557 1,095 87, , , ,150 33,204 7,549,016 FY 2017 Program Increases Judges: - Magistrate judges and staff , , ,258 Court Personnel and Programs: - Interior Courtyard Stone Cleaning and Restoration - 4, ,800 - Change in appellate and district court support staff (24) (2,039) (24) (2,039) (24) (2,039) - Change in probation and pretrial court support staff , , ,677 - Implementation of the FDO staffing formula , , ,531 - Non-Captital panel attorney hourly rate increase (from $131 to $137) , , ,858 - Increase to juror daily rate (from $40 to $50) , , ,794 - Phased implementation (second year) of new CSO staffing standards ,600-3, ,600 - Judicial Security Management and Reporting Tool replacement ,000-1, ,000 - Facility Access Card (FAC) sustainment ,500-1, ,500 Subtotal, FY 2017 Program Increases - 4, , ,389 3,794-6, , ,979 Total Program Increases, Mandatory Total Program Increases, Discretionary - 4, , ,389 3,794-6, , ,979 Total Mandatory Increases , , , ,552 Total Discretionary Increases - 5,734 - (764) , ,377 (476) - 27, ,119-2, ,670 Total Increases Requested, FY ,783 - (721) , ,377 (476) - 27, ,640-2, , ,222 Total Mandatory 9 2, , ,044 1, , , , , , ,174 Total Discretionary , , ,462 26,471 5,052,045 2,849 1,056,326 43, ,388 29,392 6,717,482 1,095 87, , ,150 31,463 6,991,821 Reimbursable FTE FY 2017 Appropriation Request , , ,506 28,289 5,467,299 2,849 1,056,326 43, ,388 31,210 7,132, , , , ,150 32,837 7,582,995 10

19 THE JUDICIARY Outlays - FY 2015 to FY 2017 (Dollars in Thousands) Outlay Spendout Rates Appropriation FY 2015 FY 2016 FY 2017 YR 1 YR 2 YR 3 Supreme Court Discretionary 72,469 75,581 76,576 80% 20% 0% Mandatory 2,527 2,562 2, % 0% 0% Total, Salaries and Expenses 74,996 78,143 79,187 Buildings and Grounds 9,000 11,063 17,087 68% 12% 20% Court of Appeals for the Federal Circuit Discretionary 26,178 31,400 30,220 80% 20% 0% Mandatory 2,663 2,922 2, % 0% 0% Total, Court of Appeals for the Federal Circuit 28,841 34,322 33,185 Court of International Trade Discretionary 16,123 18,319 19,202 95% 5% 0% Mandatory 1,176 2,005 2, % 0% 0% Total, Court of International Trade 17,299 20,324 21,246 Courts of Appeals, District Courts, and Other Judicial Services: Salaries and Expenses - Discretionary 4,801,808 4,948,267 5,036,746 93% 7% 0% Salaries and Expenses - Mandatory 396, , , % 0% 0% Total, Salaries and Expenses 5,198,533 5,351,000 5,452,000 Defender Services 986,541 1,034,511 1,054,003 97% 3% 0% Fees of Jurors & Commissioners 49,159 44,992 48, % 0.5% 0% Court Security 486, , , % 20.0% 0% Total, Courts of Appeals, District Courts, and Other Judicial Services 6,720,274 6,974,503 7,121,151 Administrative Office of the United States Courts 71,993 76,222 88,148 94% 6% 0% Federal Judicial Center 27,371 28,194 28,341 95% 5% 0% Judicial Retirement Funds (MANDATORY) 143, , , % 0% 0% United States Sentencing Commission 16,252 17,981 18,448 85% 15% 0% Subtotal, Discretionary 6,562,935 6,830,530 6,983,919 Subtotal, Mandatory 546, , ,174 Total, Judiciary 7,109,626 7,396,152 7,575,093 11

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21 FY 2017 Request Summary by Appropriation 13

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23 U.S. Supreme Court Salaries and Expenses FY 2017 Request Mandatory Discretionary Total FTE ($000) FTE ($000) FTE ($000) FY 2016 Enacted Appropriation 9 2, , ,400 Adjustments to Base FY 2017 Appropriation Request 9 2, , ,279 Budget Summary The Supreme Court requests $79.3 million ($2.6 million for mandatory expenses and $76.7 million for discretionary expenses) in FY The $76.7 million request for discretionary appropriations represents a 1.1 percent increase over the FY 2016 enacted discretionary appropriation. This request reflects the necessary adjustments to base to maintain current services. The Court requests no program increases in FY Discretionary Adjustments to Base The Supreme Court requests a net $0.8 million increase for discretionary expenses in FY 2017 for the Salaries and Expenses account. The FY 2017 request includes $1.3 million for standard pay and other inflationary adjustments, partially offset by a $0.5 million reduction to the technology fund. Mandatory Adjustments to Base The FY 2017 request includes $49,000 for increases to standard pay and changes in benefits for the Chief Justice and the Associate Justices. 15

24 U.S. Supreme Court - Salaries and Expenses Comparative Summary of Obligations by Category ($000) Category FY 2015 FY 2016 FY 2017 Requested Actual Estimate Request Increase/Decrease Compensation and Benefits 55,749 60,586 61,677 1,091 Rent, Communications and Utilities 909 1,159 1, Travel Other 18,270 16,147 15,905 (242) Total Obligations 75,489 78,400 79, Financing Adjustment 2, Available Appropriation 77,494 78,400 79, Mandatory Appropriation 2,527 2,562 2, Discretionary Appropriation 74,967 75,838 76,

25 U.S. Supreme Court Care of the Building and Grounds FY 2017 Request Discretionary FTE ($000) FY 2016 Enacted Appropriation 50 9,964 Adjustments to Base Program Increases - 4,800 FY 2017 Appropriation Request 50 14,868 Budget Summary The Supreme Court requests $14.9 million for its Care of the Building and Grounds account in FY 2017, a 49.2 percent increase over the FY 2016 enacted appropriation. The Architect of the Capitol provides for the structural and mechanical care of the United States Supreme Court Building and Grounds, including maintenance and operation of mechanical, electrical, and electronic equipment. This request includes the necessary adjustments to base to maintain current services and an increase for ongoing exterior stone restoration. Discretionary Adjustments to Base Program Increases The FY 2017 budget request for the Building and Grounds account includes $4.8 million for program increases. 1. Interior Courtyard Stone Cleaning and Restoration: $4.8 million The Court requests $4.8 million for the design fees and construction costs for the maintenance and preservation of the historically significant stonework inside the courtyards. This project is a continuation of the exterior stone restoration project that includes the completion of the west façade and the ongoing restoration of the north, south, and east facades. The Supreme Court requests an increase of $0.1 million for standard pay and other inflationary adjustments. 17

26 U.S. Supreme Court - Care of the Building and Grounds Comparative Summary of Obligations by Category ($000) Category FY 2015 FY 2016 FY 2017 Requested Actual Estimate Request Increase/Decrease Compensation and Benefits 4,573 4,808 4, Rent, Communications and Utilities 1,825 1,850 1, Other 7,211 6,623 7, Total Obligations 13,609 13,281 13, Financing Adjustment (1,969) (3,317) 995 4,312 Available Appropriation 11,640 9,964 14,868 4,904 18

27 United States Court of Appeals for the Federal Circuit FY 2017 Request Mandatory Discretionary Total FTE ($000) FTE ($000) FTE ($000) FY 2016 Enacted Appropriation 12 2, , ,794 Adjustments to Base (764) - (721) FY 2017 Appropriation Request 12 2, , ,073 Budget Summary The Court of Appeals for the Federal Circuit requests $33.1 million ($3.0 million for mandatory expenses and $30.1 million for discretionary expenses) for FY The $30.1 million request for discretionary appropriations represents a 2.5 percent decrease below the FY 2016 enacted discretionary appropriation. This request reflects the necessary adjustments to base to maintain current services and includes a one-time reduction in base resources. The Court requests no program increases in FY Mandatory Adjustments to Base The FY 2017 request includes $43,000 for increases to standard pay and changes in benefits for judges. Discretionary Adjustments to Base The Court requests a net $0.8 million decrease for discretionary expenses in FY The FY 2017 request includes $0.4 million for standard pay and other inflationary adjustments offset by a one-time reduction of $1.2 million in base resources resulting from successful cost containment practices at the Court. 19

28 United States Court of Appeals for the Federal Circuit Comparative Summary of Obligations by Category ($000) Category FY 2015 FY 2016 FY 2017 Requested Actual Estimate Request Increase/Decrease Compensation and Benefits 18,108 20,702 21, Rent, Communications and Utilities 7,007 6,586 6,432 (154) Travel (20) Other 5,879 6,881 6,183 (698) Total Obligations 31,048 34,269 33,773 (496) Financing Adjustment 1,827 (475) (700) (225) Available Appropriation 32,875 33,794 33,073 (721) Mandatory Appropriation 2,663 2,922 2, Discretionary Appropriation 30,212 30,872 30,108 (764) 20

29 United States Court of International Trade FY 2017 Request Mandatory Discretionary Total FTE ($000) FTE ($000) FTE ($000) FY 2016 Enacted Appropriation 9 2, , ,165 Adjustments to Base FY 2017 Appropriation Request 9 2, , ,506 Budget Summary The Court of International Trade requests $20.5 million ($2.0 million for mandatory expenses and $18.5 million for discretionary expenses) in FY The $18.5 million request for discretionary appropriations represents a 1.7 percent increase over the FY 2016 enacted discretionary appropriation. This request reflects the necessary adjustments to base to maintain current services. The Court requests no program increases. Mandatory Adjustments to Base The FY 2017 request includes $39,000 for increases to standard pay and changes in benefits for judges. Discretionary Adjustments to Base The Court s adjustments to base for FY 2017 total $0.3 million to provide for standard pay, other inflationary adjustments, and other court operating expenses. 21

30 United States Court of International Trade Comparative Summary of Obligations by Category ($000) Category FY 2015 FY 2016 FY 2017 Requested Actual Estimate Request Increase/Decrease Compensation and Benefits 7,592 10,522 10, Rent, Communications and Utilities 6,874 7,072 6,910 (162) Travel (13) Other 4,047 3,408 2,904 (504) Total Obligations 18,671 21,185 20,836 (349) Financing Adjustment 312 (1,020) (330) 690 Available Appropriation 18,983 20,165 20, Mandatory Appropriation 1,176 2,005 2, Discretionary Appropriation 17,807 18,160 18,

31 Court of Appeals, District Courts and Other Judicial Services Salaries and Expenses FY 2017 Request Mandatory Discretionary Total FTE ($000) FTE ($000) FTE ($000) FY 2016 Salaries and Expenses Enacted Appropriation 1, ,733 26,319 4,918,969 28,112 5,321,702 Vaccine Injury Compensation Trust Fund Appropriation ,050-6,050 Total, FY 2016 Available Appropriation 1, ,733 26,319 4,925,019 28,112 5,327,752 Adjustments to Base 25 12, , ,441 Adjustments to Base - Vaccine Injury Compensation Trust Fund Total, Adjustmements to Base 25 12, , ,651 Program Increases , ,896 Total, Program Increases , ,896 FY 2017 Salaries and Expenses Appropriation 1, ,254 26,471 5,045,785 28,289 5,461,039 Vaccine Injury Compensation Trust Fund Appropriation ,260-6,260 Total, FY 2017 Appropriation Request 1, ,254 26,471 5,052,045 28,289 5,467,299 Budget Summary The Judicial Conference requests $5,467.3 million for the Salaries and Expenses account in FY 2017, including $415.3 million for mandatory expenses, $5,045.8 million for discretionary expenses, and $6.2 million from the Vaccine Injury Trust Fund. The FY 2017 total discretionary request of $5,052.0 million is a 2.6 percent increase over the FY 2016 enacted discretionary appropriation. This request includes the necessary adjustments to base to maintain current services and program increases associated with additional magistrate judges and increasing workload in the probation and pretrial services program. The Salaries and Expenses appropriation is approximately 72 percent of the judiciary s total appropriations request. This account provides for the operating expenses of the 12 regional circuit courts of appeals, district courts, bankruptcy courts, and probation and pretrial services offices. This account utilizes other funding sources, including current year fee collections and prior year carryforward balances, to offset the need for appropriated funds. The judiciary currently projects that these sources of non-appropriated funds will total $367.4 million in 23

32 FY 2017, $70.3 million below the FY 2016 financial plan estimated level of $437.7 million. Mandatory Adjustments to Base The FY 2017 request includes $12.5 million for mandatory increases for Article III and bankruptcy judges as follows: 1. Pay and benefit cost adjustment for Article III and bankruptcy judges salaries and benefits: $7.0 million An increase of $7.0 million will provide for expected changes in pay and benefit rates for Article III and bankruptcy judges, including annualizing the January 2016 pay adjustments and an estimated 1.6 percent pay adjustment in January 2017, and changes in benefits costs. 2. Increase in the number of senior judges: $2.5 million FTE 11 An increase of $2.5 million will provide for an additional 11 senior judges anticipated in FY Increase in average number of filled Article III judgeships: $1.4 million FTE 6 An increase of $1.4 million will provide for an additional 6 filled Article III judgeships anticipated in FY 2017 based on a projected 40 confirmations in FY Increase in average number of filled bankruptcy judgeships: $1.6 million FTE 8 An increase of $1.6 million will provide for an additional 8 filled bankruptcy judgeships anticipated in FY Discretionary Adjustments to Base The FY 2017 request includes a net increase of $121.1 million for discretionary adjustments to base consisting of $81.3 million for standard pay, and other inflationary increases; a net $17.3 million for space-related adjustments; $50.3 million to replace non-appropriated funds; and a net decrease of $27.8 million for reduced ongoing information technology requirements. 5. Pay and benefit cost adjustment for magistrate and claims court judges: $2.5 million An increase of $2.5 million will provide for expected changes in pay and benefit rates for magistrate and claims judges, including annualizing the January 2016 pay adjustments and an estimated 1.6 percent pay adjustment in January Increase in the number of senior judges' staff: $4.3 million FTE 37 An increase of $4.3 million will provide for an additional 37 staff FTE to support an additional 11 senior judges anticipated in FY

33 7. Increase in average number of filled Article III judgeships: $4.2 million FTE 30 An increase of $4.2 million will provide for an additional 30 staff FTE to support an additional 6 filled Article III judgeships anticipated in FY Increase in average number of filled bankruptcy judgeships: $3.3 million FTE 28 An increase of $3.3 million will provide for an additional 28 staff FTE to support an additional 8 filled bankruptcy judgeships anticipated in FY Non-recurring costs associated with new FY 2016 Article III judges: -$2.2 million A decrease of $2.2 million is requested for non-recurring, onetime costs associated with new judges in FY Pay and benefit adjustments for court personnel: $59.1 million A net increase of $59.1 million will provide for annualizing the January 2016 pay adjustment, an estimated 1.6 percent pay adjustment in January 2017, within-grade increases, changes in benefits rates, and two less compensable days. 11. Funds necessary to maintain FY 2016 service levels due to an anticipated decline in non-appropriated funds: $50.3 million The judiciary s FY 2016 financial plan assumes that current year fee collections and prior-year carryforward balances from FY 2015 will total $437.7 million. The FY 2017 request estimates that these non-appropriated sources of funds used to help finance court operations will total $367.4 million, a net decrease of $70.3 million from FY 2016 assumed levels. Of the $70.3 million, the judiciary requests $50.3 million of appropriations to replace these non-appropriated funds in order to maintain current services in FY The judiciary does not request the remaining $20.0 million, and will instead reduce base requirements in FY Non-pay inflationary and contractual increases: $9.8 million An increase of $9.8 million is requested for a 1.8 percent general inflationary increase and other contractual and miscellaneous increases. 13. Vaccine Injury Compensation Trust Fund: $0.2 million The FY 2017 level reflects an increase of $0.2 million for standard pay and non-pay inflationary adjustments for the Vaccine Injury program. 25