Fy 2011 Congressional Budget Summary

• Topics: Crime/Demographics, Cost of Prison Systems

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The Judiciary
Fiscal Year 2011

Congressional Budget Summary

PREPARED BY
THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS
WASHINGTON, DC
February 2010

FOREWORD
Overview

The Judicial Conference thanks Congress for its continuing
support of the Judiciary and remains grateful for the level of
.funding provided for fiscal year 2010. The Judiciary's fiscal
year 2011 budget request represents a modest increase that the
Judicial Conference believes is the minimum necessary to keep
up with increasing case filings across all areas and other
legislative changes which significantly impact workload
throughout the JUdiciary. In recent years, immigration and drug
offenses along the Southwest Border have dominated
prosecutions. Child pornography and other sex offenses,
however, represent a fast-growing portion ofthe Judiciary's
caseload. Additionally, fraud cases are expected to increase,
exposing high profile Ponzi schemes and securities fraud. The
availability of adequate resources continues to be critical to the
Judiciary's ability to respond to its workload demands.
The fiscal year 2011 request includes an additional $6 million to
provide certain reentry services for persons released from
federal custody as provided for in the Second Chance Act of
2007. The post-conviction supervision population continues to
grow with increasing numbers of inmates being released by the
Bureau of Prisons to begin supervision terms. The Judiciary is
committed to the goal of reducing recidivism by employing
practices that have been validated through empirical evidence

and are cost effective. To maximize the use of limited
resources, we want to ensure that what we are doing actually
produces the outcomes we are seeking. To that end, the Judicial
Conference Committee on Criminal Law commissioned a study
by the Federal Judicial Center to assess the operational aspects,
outcomes, and cost-effectiveness of the various federal reentry
court programs that have sprung up across the nation. The hope
is that such a study will reveal effective approaches that can be
shared with other courts and will identify the current and future
resource implications of such programs.
Bankruptcy filings continue to increase, nearing levels that
preceded implementation of the Bankruptcy Abuse Prevention
and Consumer Protection Act of2005 (BAPCPA). In addition,
many courts are experiencing significant increases in the
number of pro se debtors. Bankruptcy courts have employed
innovative procedures to manage the growing pace of case
filings and to communicate effectively with debtors attempting
to navigate through this highly specialized area of the law
without the assistance of counsel. To accommodate this
workload, some courts have adjusted staff hours, converted
administrative staff to case administrators, and worked with bar
associations to sponsor pro se help desks. Courts have also
leveraged technology to increase their efficiency in handling the
burgeoning workload. Court-developed software is being used
to automate court calendars, collect and account for filing fees,

pay trustees, and streamline processing of court orders.
Bankruptcy filings are not limited to individuals. An increased
number of businesses filed bankruptcy proceedings during 2009.
The most notable among the recent corporate bankruptcies are
General Motors and Chrysler. These auto industry filings
created job losses and benefit cuts for the company's retirees
and particularly affected automobile dealerships, parts suppliers,
and investors. The continued struggling economy and the
likelihood of further increases in bankruptcy filings indicate a
need for additional resources for the Judiciary.

A total of $71 million is requested to fund security systems and
equipment in fiscal year 2011, a net increase of $10 million over
fiscal year 2010 levels. The Judiciary must keep pace with the
changing nature of the threat to federal courthouses while
maintaining a proper balance between ensuring an open-court
system and having secure court facilities. This is a challenging
task given the increasing number of threats against the courts.
There has been a recent surge in threats to court staff and
probation officers along the Southwest Border, plus the courts
are having to deal with a number of high-threat trials.

In addition to resources for workload increases, the Judiciary's
request includes an additional $25 million investment in a multiyear effort to replace older, less efficient telecommunications
systems in the courts and to make accompanying upgrades to
the data communication network with a focus on converged
services (combining voice, video, and data traffic over a single,
secure network). In light of the efforts to define and consolidate
applications and the implementation of a new managed network,
the Judiciary plans to develop viable alternatives for more costeffective service models applicable to the Case
ManagementJElectronic Case Files system. Additionally,
modernization efforts continue for the Judiciary's Financial
Accounting System for Tomorrow (FAS4T) with an integration
ofthe courts' and the Administrative Office accounting systems,
reconfiguration of FAS4T, and implementation of an internal
controls reporting tool.

Finally, the Judiciary continues to emphasize the importance of
attracting qualified counsel for its defender services program.
The judiciary is appreciative of the $125 per hour non-capital
panel attorney rate provided in fiscal year 2010 and believes we
are moving in the right direction to ensure continued quality
representations. The Judiciary is hopeful that Congress will
build on that rate in fiscal year 2011 and provide the statutorily
authorized hourly rate of $141. The $141 rate keeps pace with
inflation and is necessary to effect a meaningful change in the
willingness of qualified attorneys to accept more non-capital
Criminal Justice Act appointments.
The Judicial Conference continues its commitment to cost
containment, and will attempt to identify new avenues for
savings and cost avoidance. This effort is a high priority - the
Judiciary wants to do its part to help reduce the federal budget
deficit by developing new initiatives that are essential to
continue to slow the growth in budgetary requirements. The
Judicial Conference believes that sustained efforts will continue

Overview of The Judiciary

--I

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.

u.s. Courts of Appeals
12 Regional Circuit Courts of Appeals
1 U.S. Court of Appeals for the Federal
Circuit

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
U.S. District Courts
U.s. Bankruptcy Courts
U.S. Court oflnternational Trade

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
Other Judiciary Entities/Pro2rams
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
~,

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.

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 oflnternational Trade, and the United
States Court of Appeals for Veterans' Claims.

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 District Courts
There are 94 district judicial 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
678 authorized district court judgeships nationwide.

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.

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.

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 detentions 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

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.

Administrative Office of the U.S. Courts

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.

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 ofthe 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 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.

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 Crimin~l
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.

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 and
continuing education and training through seminars; curriculum
units for in-court use; monographs and manuals; and audio,
video, and interactive media programs.

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 United States Marshals Service, with additional guard
services provided by the 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 ofland commissioners.

Payment to Judiciary Trust 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.

u.s. 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.

Budget Summary - Details of Request
The judiciary's appropriation request for fiscal year 2011 totals
$7,329,485,000 an increase of $468,740,000, or 6.8 percent over
the fiscal year 2010 enacted appropriations. The fiscal year
2011 request provides for an additional 1,137 FTE to meet
critical workload requirements, an increase of 3.3 percent over
the 34,663 FTE funded in 2010.

3. An increase of$39.0 million (10.1 percent of base
adjustments) is requested for the annualization of new space
delivered in fiscal year 2010 the cost of new space expected
to be delivered in fiscal year 2011, and space related
inflation.
4. An increase of$28.6 million (7.4 percent of base
adjustments) will provide for the cost of uncontrollable
workload changes expected in the Defender Services account.

Adjustments to Base
$385.3 million, or 82.2 percent of the $468.7 million total
increase requested, will provide for pay adjustments, inflation
and other adjustments to base necessary to maintain current
servIces.

5. An increase of$26.8 million (7.0 percent of base
adjustments) will provide for inflationary increases in nonpay categories using the government wide inflation factor of
1.1 percent.

Of these $385.3 million in base adjustments:
6. An increase of$22.1 million (5.7 percent of base
adjustments) will provide for additional requirements for
high-threat trials anticipated in fiscal year 2011.

1. An increase of$172.3 million (44.7 percent of the base
adjustments) will provide for inflationary pay and benefit
rate increases, including the annualization of fiscal year
2010 pay adjustments, expected January 2011 pay
adjustments, changes in health benefit premiums, changes in
benefit costs for both judges and supporting personnel, costof-living rate increases for panel attorneys, and a wage rate
adjustment for court security officers.

7. An increase of$19.7 million (5.1 percent of base
adjustments) is necessary to replace non-appropriated sources
of funds used to support base requirements in fiscal year
2010 with direct appropriations. In fiscal year 2011, the
judiciary expects fewer non-appropriated funds (current year
fee collections and prior year unencumbered carryforward
balances) will be available than were available in fiscal year
2010. If the judiciary's base appropriation is not adjusted to
offset the loss in non-appropriated funds, reductions would
have to be made in court operations, and court security
systems and equipment. The judiciary will keep the
Appropriations Subcommittees informed of any changes in
these estimates.

2. An increase of $41.5 million (10.8 percent of base
adjustments) will provide for the annualization of new staff
and court security officers expected to be hired in fiscal year
2010 and new court security officers in fiscal year 2011.

]

8. An increase of$13.0 million (3.4 percent of base
adjustments) is associated with increases in the number of
senior judges.

15. A net decrease of$8.9 million (-2.3 percent of base
adjustments) is associated with non-recurring costs for
expenses related to the Supreme Court's building
maintenance and modernization projects, filled fiscal year
2011 judgeships, a decrease to the reimbursement from the
Vaccine Injury Trust Fund, and one-time costs in the
Defender Services and Court Security accounts.

9. An increase of$9.8 million (2.5 percent of base
adjustments) is requested for adjustments above the fiscal
year 2010 funded base for court security systems and
equipment.

Program Increases
10. An increase of$8.0 million (2.1 percent of base
adjustments) is requested for payments to the Judiciary
Retirement Trust Funds.

The remaining $83.4 million, or 17.8 percent, ofthe total
increase is requested for program enhancements and workloadrelated needs.

11. An increase of$5.4 million (1.4 percent of base
adjustments) will provide for estimated increases in Federal
Protective Service security charges.

Of these $83.4 million in program increases:
16. An increase of $40.7 million (48.8 percent of program
enhancements) will provide for additional support staff and
associated costs. This increase is for staffing adjustments due
to the most critical workload (483 FTE).

12. An increase of$4.0 million (1.0 percent of base adjustment)
is associated with an increase in the number of filled Article
III judgeships.

17. An increase of $26.1 million (31.3 percent of program
enhancements) will provide for telecommunications
infrastructure and information technology enhancements.

13. An increase of$3.8 million (1.0 percent of base
adjustments) will provide for base increases necessary to
support, maintain, and continue investments in the
judiciary's information technology program.

18. An increase of $6.3 million (7.5 percent of program
enhancements) will provide for the Supreme Court's roof
system repairs.

14. An increase of $0.2 million (0.1 percent of base
adjustments) is associated with a projected net change in
available jurors.

19. An increase of$4.8 million (5.7 percent of program
enhancements) will provide for an increase in the noncapital panel attorney rate to the statuatorily authorized rate
of$141 per hour.
20. An increase of$3.0 million (5.7 percent of program
enhancements) will provide for 6 additional magistrate
judges and associated staff (27 FIE) in districts with
growing caseload.
21. An increase of$0.9 million (1.1 percent of program
enhancements) will provide for necessary investments in
court security, such as a national contract for vehicle barrier
maintenance, and a facial recognition pilot program.
22. An increase of$0.9 million (1.1 percent of program
enhancements) will provide for twelve new police offices (9
FTE) and support expenses at the Supreme Court.
23. An increase of $0.4 million (0.5 percent of program
enhancements) will provide for education and training
program enhancements at the Federal Judicial Center.
24. An increase of $0.3 million (0.4 percent of program
enhancements) will provide for the start-up costs associated
with one new defender organization.
The tables on pages 9 through 12, and the individual account
summaries, provide detailed information on the judiciary's
fiscal year 2011 request.

The judiciary proposes the following changes to the
appropriation language for fiscal year 2011:

Old Section 306: The proposed language re-authorizes the pilot
program for the U.S. Marshals Service to provide perimeter
security at a select number of primary courthouses for fiscal year
2011.

Court ofAppeals. District Courts. and Other Judicial Services
Defender Services

The judiciary proposes to delete the following general
provisions:

There are no changes in appropriations language, however,
updates are made to specific citation references to be most
accurate and uniform.

Old Section 307: The language was enacted on December 16,
2009 (P.L 111-117, the Consolidated Appropriations Act, 2010),
because Congress did not enact a Judgeship bill in 2009 that
would have extended these temporary judgeships. It is proposed
for deletion because the Judiciary is hopeful a Judgeship bill will
be enacted during fiscal year 2010.

Appropriation Language Changes

General Provision Changes
The judiciary proposed new language in the following
general provisions:
New Section 307: The proposed language would allow federal
judges to receive the same automatic annual cost-of-living
adjustments, currently authorized by section 461 of title 28 of
the United States Code, that members of Congress are
authorized to receive.
The judiciary proposes re-authorization or extension of the
following general provisions:
Section 305: The proposed language would continue to give the
Judicial Branch the same authority as the Executive Branch to
contract directly for space alteration projects not exceeding
$100,000 without having to go through GSA.

Judiciary Appropriation Funding ($000)
Appropriation Account
Mandatoryl

DiscretionarY

FY 2011 Request

FY 2010 Available

FY 2009 Actual
Mandatoryl

Total

Discretionary

Total

Mandatory

Discretionary'

Total

U.S. Supreme Court

.....~~,~ri~.~..¥~P.,,~~~............................... .............gtU.9._ ...............~~7.t~~~_ ............~~9.17.7.7. ... _..........g.~.§.§._ .............'$.7.~.&§.!L .........rt.~t9.~.~ ...........J.~t!n __ .........$.7.?,?~L ....... ~:nl~~
Care of the Building and
Grounds
U. S. Court of Appeals for the
Federal Circuit
U.S. Court oflnternational Trade
Courts of Appeals, District Courts &
Other Judicial Services
Salaries & Expenses Direct
Vaccine Injury Trust Fund

$18.447

$18447

S14.525

$14.525

S14788

$14788

$2356
$1696

S28028
$17909

$30384
S19.605

$2491
$1.715

$30069
$19.635

$32,560
$21.350

$2.502
$1851

$33.357
$20417

$35.859
$22.268

$323,911
SO

$4,487,458
S4,253

$4,811,369
$4,253

$340,000
SO

$4,671,018
$5,428

$5,011,018
$5,428

$332,565
$0

$4,977,216
$4,785

$5,309,781
54,785

.............$.!!!M.~~.!1:mf.!i.¥.~lJ§g~.rp.M.... _... .........$.~?:~,?1.~._ ..........$.~M?1.,7.U._ ......~~M!~,§.n ...........$.~~~M~9.9._ ........$.~,§.7.§.,~§._ ....$.?,9.~.§.~~§. .......$.~~~,?§.L ....M,?~,J.~.~ .... ~~~;Hff,~§§
Services ......................... ........ ..
.....Defender
.................................
'

.... .¥.~~.~~:!.':I.~C!.':!.~.~~p.~i:!~.~?!!~~~ .........
.....~?~!!.~~.~!'!~.......................................

.................... ~~- .•..•..•. .•..~~~~~~~~- .........~~~!~~~ ...... -..............~~- ........... ~???!?~~- .......~???!?~~ ..................~~_ ......~~.~~~~.t~.?L ..~.~,9.~.~,!.?~
....................~~- ...............~~~~~~~- ...........~~~~~~~ ......................~~- .............~?~.!~?~.- .........~~~!~~~• . .................~~_ ...........~~~t.l.~~" .......~.~!.~~~
................ _..~~_ .............~~~~>.~?L ........~~~~t~?~ ......................~~_ ...........~~?~.l~~?_ .......~~?~l~~? ..................~~_ .........~~~?!~~~ ....... ~~?~,~~~

5340,000
S6,168,662
S6,156,086
S83,075
$0
579,049
$27,328
$25,725
$0
$82,374
$0
576,140
S76,140
SO
$16,225
$16,225
$0
$16,837
SO
$428,746
$6,426,571
Direct
$406,222
$6,080,963
$6,487,185
$4,253
Vaccine Injury Trust Fund
$5,428
$0
$4,253
$0
$6,491,438
$428,746
$6,431,999
Total
5406,222
$6,085,216
I For FY 2009, the enacted mandatory level is $406,222 and the actual mandatory level is $402,103.
2 FY 2009 discretionary appropriations includes $10.0 million in the Salaries and Expenses total in emergency appropriations from
3 FY 2010 mandatory amounts reflect the enacted appropriation level.
4 FY 2011 discretionary amounts include a fiscal year 2011 cost-of-living adjustment for judges.
Subtotal, CADCOJS
Administrative Office ofthe U.S. Courts
Federal Judicial Center
Judiciary Retirement Funds
U.S. Sentencing Commission

5323,911
$0
$0

$5,832,175
$79,049
S25,725

- - -

$6,508,662
$83,075
$27,328
$82,374
$16,837
$6,855,317
$5,428
$6,860,745

5332,565
$0
SO
$90,361
$0
$429,476
$0
$429,476

the War Supplemental.

$6,622,454
$87,255
$28,694
$0

56,954,907
$87,255
$28,694
$90,361

517,595
$6,895,224
$4,785
$6,900,009

$17,595
$7,324,700
$4,785
$7,329,485

The Judiciary
Summary of FfE

Appropriation

Increase over
FY 2010

FY 2011
Request

FY 2010
Available

FY 2009
Actual

I
!

Supreme Court

523

533

543

Salaries and Expenses

480

485

494

Building and Grounds

142

154

163

32,185

33,009

34,123

1,114

29,569

30,203

31,201

998

2,568

2,736

2,849

113

Administrative Office of the United States Courts

631

639

641

Federal Judicial Center

141

138

140

103

110

33,801

34,663

35,800

1,137

Court of Appeals for the Federal Circuit
Court of International Trade
Courts of Appeals, District Courts, and other
Judicial Services
Salaries and Expenses
Defender Services
Fees ofJurors & Commissioners
Court Security

Judicial Retirement Funds
United States Sentencing Commission
Total, Judiciary!

The Judiciary totals do not reflect reimbursable positions (277 in FY 2009; 283 in FY 2010; and 286 in FY 2011).
10

91
1

IT 2011 Swn... ry .rRequosted Clutag..

Supreme

rr[
FY 20 I0 Enaacd Approprialion
FY 20 10 Vaa:ine Injwy Trust fund
IT ZOIO A•• U.blo Appropri.Uon

Court

(SOOO)

F![

COURTS OF APPEALS. OISTRICT COURTS. AND OTHER JUDICIAL SERVICES
DeCtnder
Salaries
Fees of JuroCl and
Court
Security
Conunlssioners
Mrvlces
;lind Expenses
Trade
FIE
(SOOO)
(SOOO)
m:
($0001.
FIE (SOOO)
F!E
(SOOO)

I lnternatiOnal

Federal
Circult

(SOOO)

533

KX"~59

154

32,560
•

533

88,559

154

32,560

21.3 50
_

1 30,203

ZI,3SO

S.OII.OIX 1 2•736
~D
-

30,203

5,016,446

lOX
32

1J.02~

2,736

Administrative
Olliee

Sublot.1

FIE.

977.74K

61.K61

452.607

33.(~19

977,748

61,861

452,607

33,009

(SO{)()
6.503.2341
SA2K
6,508,662

Fc4. Judicill
C('nIU

Judichlry
Trust FWJd

FTE. lsooo)

FIE

(SOOO)

FTE

(~I.

6JY

HJ.II75 1
•
83,075

1 3~

27J28

XU74

27,3Z8

SZ,374

I 110

639

Tot;!!i
Judicial')' I

Sentenci.ng

Commission

(SOOO)

110

FIE

(5000)

16,M37 I 34.663
•

6.K55.317
5,42~

16,837

34,663

6,860,745

10M
32

13,029

FY 20U Adjustments to BaK
Judg..:
- Pay and balcfit COISI adjustments
~

6.KX3

Additional senior judges

- blcrc3Se in avcrat;t nwnbel'" of filled Article: IU judgeships
- Non-recurring costs o(new2010 judges
- Payments to judic~1lf)' rctiranent trust fW1(Js

10K
32

4.U24
(~74)

6.~M

6.HX3
13.029
4.024
(M74)

(X74)
7.YX7

7.9X7

Cowt Personnel
- PilY and bcndit cost adjUStmcnls
- Pay adjuslments f<l<panelattomcys (to SI 21\1hour and SJ1Whour)

2.611

Y6.W7

45X

13.IX2
33.151

32Y

27X

110.457
33.151

(KH5)

(I.IK5)
19.917
25.M92
(643)

621

607

3.717

4.()24

IIK.531
33.4HIl

OthCT Changes
- Reduction for non--rCC'W'Ting costs

(6,21lO)

- Financing adj. necessary to maintain curren! services
- lntla!ion (non-sp3CC-moucd)
- Vaccinc Injwy Trust fund adjustmcm
- Space related costs (incJudc:s inflation for Spatt rc:ntaJ rucs)
-Infonnation technology adjustments for ongoing opaatiOlts
- Annualizatton offtI:W FY 20W posirions
- Defender Servia:s workload inc:rcase
- Change in avaiJablejW"M
- FPS sccwity service chaJycs
• FY 2011 «><ntsccuril)'otr_~odj .. 1n>COIS
- Annualization of new FY ZU I 0 oowt security offi~
- Additional court security offlOaS in FY 2() 11

2X4

7K7

22X

2X2

360

377

13110)
(3.633)
I.MY

IK.O'l'!
23.697
(643)
36,69H
3,473
29.U'I1

451
442

5.000
64
140

1.174
54

X.910

2K.s~X

414
59
174

- Adjustments to base for security systems and ~pmc:n.t

- Addirional RlQuironcnts fOf high-threac trials
Subtotal. FY 20 11 Adjustments to Base
IT ZOII Adjusted Bas.

(3,284)
533

X5.275

1,737

157

34)97

sou

918

XII

22)6K

113

15,6(10
98,371

I.IKO
2.247

I 2.M9

1.076.IIY

64.10~

230.480 I

30.703

5,246.926

2 .~61

(7.3HS)

6\3

37Z,337

493,M6

33.622

6,KXO.999

27
471

26.K34
1643)

137

3~.027

3H.012
3.473
3K.UU7
2K.59X
174
5.3K5
13,295
K32
2.071
Y.774
22.065

5.3H5
13.295
H32
2.071
9.774
5,2K5
41.239

1~,6YK

(2IY)

3.X03

330

IY5

41Y

3H.~79

2~.s9K

174
5.4J~

13,295
~32

2.1171
~.774

22.065
618

385,302

35,2HI

7,246.047

2.~6 1

2.%1

39.679
25.000

471

956

3,893

639

K6.96K

140

2K.2M

7,987

758

90.361 1 110

17.595

FV ZOIO Pro&ram IncrellSes
Judg..:

• Magistrate judges and staff
Court PerscxulCl and Progr.uns:
• New court support staffforworkload increases

471

Telc:commWIicaOons inbastructure enhancements
- lnfOlmarion technology enhancements
- Increase in non-capital rate from S126 to S141 per hoW'
- Nr:w fcrla'al dd"cnder orgaruwion
- Five new judicWy-fw~ USMS positioos
- National conb'ad (or vehicle barrier maintenance
- FOlCial recognition system (pilot)
- Twevle new policc otTio:rs
- Support apenseo for new police officers
- Additional per.;onnel
- Roof S)'Slem rq>aUs
- Education and tr.Uning program enhancements
- Internship program
M

Subtotal, JiY 2011 Pl"OIr1m Incrnscs

Tolli Increases Requested., FY 2011

FY lOll i\PJ)C~rllt1on Request

39.679
25.000

JUI)

1.106
4.776
30U

30'!
6M3
20U

6K3
20tl

1.1Il6
4,716

4.776
3(~ 1

30Y
6M3
2011

309

646
240

2X7

3411

3~.67'1

25,OOU

646

240
712
6.300

6.300

410

IHi

116
10

7PI

1~ct62

3.~X7

3.2W

543

92.546

163

35,8591

~I~

22,268

S,076

498

67,640

~9M

2~H,120

113

1113.447

2.247

JJ,201

5.314.566

1 2.849

I.DSI .195

64.108

I The Judiciuy fTE 100aii do dOt rdka rdmburnbk
~"101" (283 in FY 20 I U: and :nt6 ill FY 20 II ~

1,19Z

SOl

73,908

287

410

42.431

1.1 14

446,245

4.1KII

1.36r.

7,987

495.038

34. IZl

6,954.907

28.694

!)O3'1

641

87.I55

14J)

75K

I 110

17595

519

83,438

1.137

#X.7411

35.800

'1.329.48.<

THE JUDICIARY
Outlays - FY 2009 to FY 2011
(00118[$ in Thousands)

Appropriation

FY 2009

FY 2010 11

FY 2011 11

YRI

Outlav Spendout Rates
YR3
YR2

Supreme Courl
Mandatory
Total, Salaries and Expenses

63,612
2.119
65,731

69,404
2.114
71,578

14,865
2,191
77,062

80%
100%

20%
0%

Buildings and Grounds

24,631

24,679

24,588

68%

12%

20%

Court of Appeals for the Federal Circuit
Discretionary
Mandatory
Total, Court of Appeals for the Federal Circuit

25,324
2,458
27,782

31.689
2.491
34,180

32,614
2.502
35,116

80%
100%

20%
0%

O%!
0%

Court of International Trade
Discretionary
M,ndatory
Total, Court of International Trade

11,652
1,696
19,348

20,124
1,845
21,969

20,596
1,851
22,447

95%
100%

5%
0%

0%
0%

4,459,491
319,689
4,779,186
888,525
62,374

4,831,328
325,284
5,156,612
988,146
63,652

4,961,168
332,565
5,293,133
1,078,207
66,276

93%
100%

1%
0%

0%1
0%

91%
99.5%

3%
0.5%

0%
0%

410,197

453,510

479,390

63.3%

36.1%

6,140,282

6,661,920

6,917,606

Administrative Office ofthe United
States Courts

81,625

82,686

86,780

94%

Federal Judicial Center

25,123

26,857

27,394

95%

Judtcial Retirement Funds (MANDATORy)

76,140

82,374

90,361

100%

United States Sentencinl! Conmlission

15,329

16,.214

17.939

85%

15%

6,073,889
402,103

6,608,289
414,168

6,869,817
429,476

6,475,992

7,022,457

7.299,293

Discrenonaty

0% 1
0%

Courts ofAppeals, District Courts,
and Other Judicial Services:
Salaries and Expenses - DiscretioD3I}'
Salaries and Expenses - Mandatory

Tot2l, Salaries and Expenses
Defender Services
Fees of Jurors & Commissioners
Court Security

Total, Courts of Appeals, District Courts,
and Other Judicial Services

Subtotal, Discretionary
Subtotal, Mandatory
Total. Judictary

1/ Mandatory amounts for fiscal year.; 2010 and 2011 reflect planned outlay levels

~
~

=
,.
=
cC.
~
,.c.
.~

~
~

Q.)

~
~

CJ
~

,.Q

,.
a
a
~

00.

('t')

..-

u.s. Supreme Court
Salaries and Expenses
Program Increases

FY 2011 Request - U. S. Supreme Court, Salaries and
Expenses

FY 2010 Enacted Appropriation

FfE

$(000)

485

74,034

Adjustments to Base
Program Increases:

646

240

Support Expenses for New Police Officers

FY 2011 Appropriation
494

FTE 9

The Court is requesting $646,000 for twelve new police officer
positions (9 FTE) funded for nine months. These additional police
officers will be required to fully staff the six new posts that will be
established when the entrances and driveways are opened due to the
completion of the Court's modernization project, and to staff the
new command center which is operational 24 hours a day, 7 days a
week.

2,838

Twelve New Police Officer Positions

Police Officers Positions: $646,000

Support Expenses for New Police Officers: $240,000

The Court is requesting $240,000 to cover training, supplies, and
equipment costs related to the 12 additional police officer positions.

$77,758

Budget Summary
The Supreme Court requests $77.8 million for its Salaries and
Expenses account in fiscal year 2011, a 5.0 percent increase over
the fiscal year 2010 enacted appropriation.

Adjustments to Base
This request includes $2.8 million comprised of pay and benefits
increases to maintain the fiscal year 2010 current services level and
costs for communications, service agreements, and supplies.

u.s. Supreme Court - Salaries and Expenses
Comparative Summary of Obligations by Category
($000)
Category
Compensation and
Benefits

FY2009
Actual

FY2010
Plan

Requested

FY 2011
Request

Increase~ecrease

51,831

58,246

61,494

3,248

Rent, Communications and
Utilities

855

930

915

(15)

Travel

429

485

491

6
I

Other

14,460

14,373

14,858

485

Total Obligations

67,575

74,034

77,758

3,724

2,202

69,777

74,034

77,758

3,724

Financing Adjustment

Available Appropriation

u.s. Supreme Court
Care of the Building and Grounds
Adjustments to Base

FY 2011 Request - U.S. Supreme Court, Care of the
Building and Grounds

FY 2010 Enacted Appropriation

FfE

$(000)

14,525

Adjustments to Base

The Supreme Court, Care of Building and Grounds, fiscal year
2011 budget request includes a net decrease of $6.1 million in
adjustments to base, which includes an increase of $0.1 million for
standard pay and other inflationary adjustments, and a decrease of
$6.2 million for projects funded in fiscal year 2010.

(6,122)

Program Increases

Program Increases:
Maintenance mechanic supervisor

0.5

Building services coordinator

0.5

FY 2011 Appropriation

FTE 0.5

The Court requests $48,000 for a maintenance mechanic supervisor
position. 1bis position is needed to provide supervision of a newly
established evening shift in support of additional and significant
preventative maintenance services for all dynamic equipment in the
pipefitting, HV AC, and electrical trade disciplines.

6,300

Roof system repairs

Maintenance Mechanic Supervisor Position:
$48,000

$14,788

Budget Summary

The Supreme Court requests $14.8 million for its Care of the
Building and Grounds account in fiscal year 2011, a 1.8 percent
increase over the fiscal year 2010 enacted appropriation. The fiscal
year 2011 request includes an increase of 1 FTE above the fiscal
year 2010 level. It also includes funding for the final phase to
repair the roof of the Supreme Court building.

Building Service Coordinator Position:
$37,000

FTE 0.5

The Court requests $37,000 for a building services coordinator
position. 1bis position is needed to support the Facilities Service
Center.

3. RoofSystem Repairs: $6.3 miUion
The requested increase of $6,300,,000 provides funding for the final
phase required to repair deteriorated roof components of the
Supreme Court building. The estimated project cost of the roof
system repairs totals $13,800,000.

·U.S. Supreme Court - Care of the Building and Grounds
Comparative Summary of Obligations by Category
($000)
Category

FY 2009
Actual

FY 2010
Plan

FY2011
Request

Requested
Increase~ecrease

Compensation and
Benefits

3,500

3,841

3,948

107

Rent, Communications and
Utilities

3,127

3,032

Other

8,610

11,317

12,360

1,043

15,237

18,190

19,340

1,150

3,210

(3,665)

(4,552)

(887)

18,447

14,525

14,788

263

Total Obligations
Financing Adjustment

Available Appropriation
-

United States Court of Appeals for the Federal Circuit
Program Increases

FY 2011 Request - Court of Appeals for the Federal Circuit
FTE

$(000)

154

$32,560

1,737

3
3

340
1,106
116

163

$35,859

FY 2010 Enacted Appropriation
Adjustments to Base

FY 2011 Appropriation

FTE 3

The court requests $340,000 to fund five support staff positions in
fiscal year 2011. These include a technical assistant, a staff
attorney, a library technician, an information technology help desk
assistant, and a mail room clerk/courtroom deputy. The requested
amount will cover salaries and benefits for each position for six
months in fiscal year 2011.

Program Increases:
Five new positions
Information technology enhancements
Internship program

Five new positions: $340,000

Information Technology Enhancements:

$1.1 million

IT infrastructure equipment. maintenance and service for off-site
leased space: This request includes $130,000 to provide the
necessary funding to support the information technology
infrastructure requirements at the court's new off-site space for
senior judges. New information technology infrastructure will be
required to provide the same level of service and access to those
existing services which are still located in the main building.

Budget Summary
The Court of Appeals for the Federal Circuit requests $35.9 million in
fiscal year 2011, a 10.1 percent increase over the fiscal year 2010
enacted appropriation. This request continues the Court's efforts to
keep up with its varied and growing subject-matter jurisdiction.

Switch upgrade: This request includes $626,000 to upgrade and
replace the court' s existing HP ProCurve switches with Cisco
switches. The proposed Cisco network equipment is similar to that
used by other courts and by the Administrative Office of the
United States Courts. Aside from the opportunity to standardize
the court's equipment with the rest of the judiciary, the Cisco
equipment incorporates technologies and industry standards that
have been developed in the three years since the existing HP
switches were designed. The requested funds will enable the court
to purchase and install new switches in fiscal year 2011.

Adjustments to Base
The Court's adjustments to base for fiscal year 2011 total $1.7 million
to provide for standard pay and other inflationary adjustments, rental
costs associated with GSA space, and to annualize 6 staff positions for
senior judges (3 FTE) expected to be hired in fiscal year 2010.

Contractual facilitator fOr conversion to CMIECF: This request includes
$100,000 to hire a contractor to facilitate the court's transition to the case
management/electronic case filing (CMlECF) system already in use by the
majority of courts throughout the judiciary. The court estimates that these
contractor services will be critical to the successful implementation of the
new software that would enable the court to automate its operations.
Virtalization software: This request includes $250,00 to purchase
Virtualization Software (also known as VMware). VMware is the leading
industry standard software for server virtualization and management.
Virtualization would dramatically improve the efficiency and availability
of resources and applications for the court.

Internship program: $116,000

FTE 3

The court requests $116,000 to fund six positions (3 FTE) and salaries to
implement a formal internship program. The internship program's
mission is to introduce local college and university students and recent
graduates to the administrative functions of the Clerk's Office, the Office
of the Senior Staff Attorney, the Circuit Library, the Administrative
Services Office, and the Information Technology Office, as well as to
provide these students and recent graduates with practical job experience
for potential administrative careers in the judiciary.

u.s. Court of Appeals for the Federal Circuit
Comparative Summary of Obligations by Category
($000)
Category
Compensation and
Benefits
Rent, Communications and
Utilities
Travel
Other
Total Obligations
Financing Adjustment
Available Appropriation

FY2009
Actual

FY2011
Request

FY2010
Plan

Requested
Increasenoecrease

17,289

19,924

21,250

1,326

5,294

5,438

7,145

1,707

119

120

122

7,525

7,230

7,388

158

30,227

32,712

35,905

3,193

157

(152)

(46)

106

32,560

35,859

3,299

30,3~~

United States Court of International Trade
FY 2011 Request
U.S. Court of International Trade

FIE

$(000)

$21,350

FY 2010 Enacted Appropriation
Adjustments to Base
FY 2011 Appropriation

918

$22,268

Budget Summary

The Court of Intemational Trade requests $22.3 million in fiscal
year 2011, a 4.3 percent increase over the fiscal year 2010 enacted
appropriation.
Adjustments to Base

The Court's adjustments to base for fiscal year 2011 total $0.9
million for standard pay and other inflationary adjustments. The
Court requests no program increases.

U.S. Court of International Trade
Comparative Summary of Obligations by Category
($000)
Category

FY2009
Actual

FY2010
Plan

Requested
Increasenoecrease

FY2011
Request

Compensation and
Benefits

8,877

9,790

10,142

352

Rent, Communications and
Utilities

7,661

9,313

9,544

231

Travel

109

144

145

Other

2,704

2,743

2,721

(22)

19,351

21,990

22,552

562

254

(640)

(284)

356

21,350

22,268

918

Total Obligations
Financing Adjustment

Available Appropriation

19,605_ '-----

- - - -

COURTS OF APPEALS ll DISTRICT COURTS AND OTHER JUDICIAL SERVICES
Summary of the Fiscal Year 2011 Budget Request
The Courts ofAppeals, District Courts, and Other Judicial
Services accounts fund most of the day-to-day operations and
activities of the federal courts. The four accounts under this
heading include:

•

Salaries and Expenses, which funds the operating costs of
appellate, district and bankruptcy courts, and probation and
pretrial services offices;

The $446.2 million increase in appropriations includes funding
for 1,114 additional FTE, and is comprised of standard
adjustments to base totaling $372.3 million and 613 FTE, and
program increases totaling $73 .9 million and 501 FTE. The
table on page 28 summarizes the requested changes for each
account.
Appropriations for the Courts ofAppeals, District Courts, and
Other Judicial Services

Defender Services, which funds the necessary expenses to
provide defense representation under the Criminal Justice
Act (CJA) for persons financially unable to obtain defense
counsel;
Fees of Jurors and Commissioners, which funds the fees
and allowances of grand and petit jurors, and the
compensation of jUlY and land commissioners; and
Court Security, which provides for the necessary
expenses to provide protective guard services and security
equipment for judiciary facilities.
The Fiscal Year 2011 Budget Request

The Judicial Conference requests $6,954.9 million in
appropriations in fiscal year 2011 for these four accounts, an
increase of $446.2 (6.9 percent) over fiscal year 2010 enacted
appropriations of $6,508.7 million. The following table details
the fiscal year 2010 enacted appropriations and fiscal year 2011
requested appropriations levels for the four accounts.

FY 2011
Request

Increase
overFY
2010

$5,016,446

$5,314,566

$ 298,120

5.9%

$977,748

$1,081,195

$ 103,447

10.6%

Fees of
Jurors

$61,861

$64,108

Court
Security

$452,607

$495,038

($000)
Salaries and
Expenses 11
Defender
Services

FY 2010
Available
Appropriation

%
Change

2,247

3.6%

$ 42,431

9.4%

Total
$6,508,662 $6,954,907 $ 446,245
11 Salaries and Expenses includes funds from the Vaccine
Injury Trust Fund.

6.9%
-

FY 2011 SIlIDJDMV of R... ue.ted Cbanees
COURTS OF APPEALS, DISTRICT COURTS AND OTHER JUDICIAL SERVICES
Defender

Fees of Jurors and

and Expenses
{SOOOI
FTE

Services
{SOOOI
FTE

Commissiuners

30,203

2,736

977,748

2,736

977,748

Salarie.

FY 2010 Enacted Appropriation
FY 2010 Vaccine Injury Trust Fund
FY 2010 Available Appropriation

30,203

5,011,018
5,428
5,016,446

{SOOOl

Security
(SOOOl

FTE

61.861

Total
Court of Appeals, District Courts,
and Otber Judicial Services I
1$000)
FTE

Court

61,861

452,607

33,009

452,607

33.009

6,503,234
5,428
6,508,662

FY 2011 Adjustments to Base
Judges:
- Pay 811d benefit cost adjustments
- Additional senior judges
- Increase ill average number of filled Anicle III judgeships
- Non-recwring COsts of new 2010 judges
Coun PersOlU1ei
- Pay and benefit cost adjustments
- Pay adjusnnents for panel atlomeys (to SI26!hoUT and $179!hourj
Other Changes
- Reduction for non-recwrillg costs
- Financing adj. necessary to maintain current sc!JVices
-Intlation (non-space-related)
- Vaccine Injury Trust FWld adjustment
- Space related costs (includes inflation for space rental rates)
- Information technology adjustments for ongoing operations
- Annualization of new FY 2010 positions
- Defender Services workload increase
- Change in available jurors
- FPS security service cha"b'CS
- FY 2011 coun security officer wage adjustments
• Annualization of new FY 2010 coun security ofticers
- Additional coun security officers in FY 20 II
- Adjuslments to base for security systems and equipment
• Additional requirements for high-threat trials
Subtotal, FY 2011 Adjustments to Base
FY 2011 Adjusted Base

108
32

6,gS3
13.029
4,024
(874)

96,997

·
-

18,099
23.697
(643)
36,698
3,473
29,097

·
·
·
·
·

360

·
-

-54
59

278

(885)
5,000
64

451
442

·
-

174

230,480

30,703

5,246,926

2.849

2.961

471

39,679
25,000

·
·

4,776
300

5,385
13,295
832
2,071
9,774
5,285
41,239

613

(1,185)
19,917
25,892
(643)
38,012
3,473
38,007
28,598
174
5,385
13,295
832
2,071
9,774
22,065
372,337

493,846

33,622

6,880,999

2,961

471

15,600
98,371

1,180
2,247

1.076,119

64,108

·
·
·

·
-

·
·

·
·
70

6,883
13,029
4,024
(874)
110.457
33.151

140

SOO

(300)
(3.633)
1,689

113

8,910
28.598

108

13,182
33,151

1,174

414
59

·
·

FY 20ll Program Increases
Judges:
- Magistrate judges and staff
Court Personnel and Programs:
- New coun suppon staff for workload increases
- Telecommunications infrastructure enhancements
-Increase innon-.:apital rate from 5126 to SI41 per hour
• New federal defender organization
- Five new judiciary-funded USMS positions
- National contract for vehicle barrier maintenance
• Facial recognition system (pilot)
Subtot..... FY 20 II Program IDcreas..
TOIaI increases requested, FY 20 II
FY 2011 Aoorooriation Reouest
I

·
·

498

67,640

·
·

·
·
·

5,076

309
683
200
1,192

501

39,679
25,000
4,776
300
309
683
200
73,908
446,245
6954907

·
·
·

.
.

·
3

-3

·
·

998

298,1 20

113

103,447

2.247

42,431

1,114

31.201

5.314.566

2849

J 081195

64108

495,038

34123

The Judiciary FTE totals do not relleet reimbursable positions (282 in FY 20 I0; and 285 in FY 20 I I).

FY 2011 Requested Appropriation Increases
Courts of Appeals, District Courts, and Other
Judicial Services
Program
Enhancements

Increase Required to
Maintain Current Services

FY 2011 Budget Request by Account
Courts of Appeals, District Courts, and Other Judicial Services
(Appropriations)
Court
Security
7% '

Fees of

Defender
Services
16%

Salaries and Expenses
76%

Courts of Appeals, District Courts and Other Judicial Services
Salaries and Expenses
FY 2011 Request
Courts of Appeals, District Courts and other Judicial
Services, Salaries and Expenses

FY 2010 Enacted Appropriation
Vaccine Injury Trust Fund
FY 2010 Available Appropriation
Adjustments to Base
Program Increases:
New Magistrate Judges and staff
Court Support Staffing
FY 2011 workload requirements
Infonnation technology infrastructure
enhancements
FY 2011 Appropriation
Vaccine Injury Trust Fund
FY 2011 Direct Appropriation

FIE
30,203

Budget Summary
The Judicial Conference requests $5,314,566,000 for the Salaries
and Expenses account in fiscal year 2011, including $4,785,000
from the Vaccine Injury Trust Fund. This is a 5.9 percent increase
over the fiscal year 2010 enacted appropriation of $5,016,466,000.
The Salaries and Expenses appropriation makes up 73 percent of the
judiciary's total appropriations request, and 76 percent ofthe Courts
ofAppeals, District Courts and Other Judicial Services 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 projects that these sources of non-appropriated
funds will total $432.2 million in fiscal year 2011, $18.1 million
below the fiscal year 2010 financial plan level of$450.3 million.

~(OOO)

30,203
500

$5,011,018
5,428
5,016,446
230,480

2,961

471

39,679

31,201

25,000
$5,314,566

31,201

($4,785)
$5,309,781

Adjustments to Base
The requested increase for the Salaries and Expenses appropriation
includes $230.5 million for standard pay and other inflationary
increases, and other adjustments that will allow the courts to
maintain a fiscal year 2010 service level in fiscal year 2011. In
broad categories, these increases include:

1. Pay and benefit increases for judges: $6.9 million

An increase of $6.9 million will provide for an estimated 1.4
percent Eel adjustment in 2011 for judges, and expected changes in
benefit rates.

FTE 360

The requested increase annualizes the cost of additional staff
expected to be hired in fiscal year 2010. The judiciary estimates
that 720 additional positions will be filled for an average of six
months in fiscal year 2010. This line item requests the remaining
six months funding in fiscal year 2011 to annualize those 720
positions (360 FTE).

2. Increase in average number offilled Article III judgeships:
FTE 32
$4.0 million
An increase of$4.0 million will provide for an additional 5 Article
III judgeships during fiscal year 2011. This request will also fund
11 law clerks, 6 courtroom deputies, and 6 secretaries and 4 court
reporters associated with the Article III judgeships filled.

3. Increase in the number ofsenior judges:
$13.0 million

Annualization of new fiscal year 2010 staff:
$29.1 million

7. GSA space rental and related expenses: $36.7 million
The judiciary requests a net increase of$36.7 million in fiscal year
2011 for General Services Administration (GSA) rent and related
services associated with (a) annualizing new space expected to be
occupied during fiscal year 2010 (+$7.2 million), (b) new space
projected to be delivered by GSA in fiscal year 2011 (+$30.5
million), (c) inflationary increase for GSA rent costs (+5.6 million)
and (d) a decrease associated with other space-related adjustments
(-$6.6 million).

FTE 108

An increase of$13.0 million will provide for an additional 25 senior
judges and 83 associated staff anticipated in fiscal year 2011.

4. Non-recurring costs associated with new fiscal year 2010
judges (Article III and magistratejudges): ($0.9 million)

8. Information technology program: $3.5 million

A decrease of $0.9 million is requested for non-recurring, one-time
costs associated with new judges in fiscal year 2010.

The Judiciary Information Technology Fund will require an
additional $3.5 million in deposits in fiscal year 2011 to operate and
maintain its information technology infrastructure, products,
projects, and services which are essential to the judicial process and
the operations of the courts.

5. Pay and benefit adjustments for court personnel:
$97.0 million
An increase of$97.0 million will provide for annualization of the
2010 Eel and locality pay adjustment for court personnel, an
estimated 1.4 percent pay adjustment in 2011, within-grade
increases, and changes in benefit rates.

9. Non-pay inflationary and contractual increases:
$23. 7 million
An increase of $23.8 million is requested for a 1.1 percent general
inflationary increase and other contractual increases.
32

10. Funds necessary to maintain fiscal year 2010 service levels
due to an anticipated decline in non-appropriated funds:
$18.1 million

This request funds the costs of 6 new judges and their associated
staff(21 FTE) in New Jersey, South Carolina, Illinois, and
California (Fresno, Sacramento, and San Diego).

The fiscal year 2010 financial plan assumes that current year fee
collections and prior-year carryforward balances from fiscal year
2010 will total $450.3 million. The fiscal year 2011 request
estimates that these non-appropriated sources of funds used to help
finance court operations will total $432.2 million, a net decrease of
$18.1 million from fiscal year 2010 assumed levels. The judiciary
requests direct appropriated funds for fiscal year 2011 to replace
these non-appropriated funds in order to maintain the same level of
service as provided in fiscal year 2010.

13. Fiscal Year 2011 workload requirements:
$39.6 million

Based on projected changes in projected caseload, the judiciary will
require $39.6 million for an additional 942 court support staff
positions (471 FTEs) in fiscal year 2011 for appellate, bankruptcy,
district clerks' and probation and pretrial services offices.

14. Telecommunications infrastucture: $25.0 million

11. Vaccine Injury Compensation Trust Fund: ($0.6) million

An increase of $25.0 million is requested to enhance the judiciary's
teleco~unications infrastructure. This request represents an
investment on a mUlti-year effort to replace the judiciary's data and
voice communications infrastructure with a single, managed
network infrastructure. The funding is necessary due to the
advanced age of many of the courts' public exchange units that
support voice communications, the exponential growth of data
communications, and industry trends to converge voice and data
network technologies. It is anticipated that this investment in new
technology will result in significant cost avoidance once fully
implemented in 3 to 4 years.

The fiscal year 2011 level reflects a net decrease of$0.6 million for
standard pay and non-pay inflationary adjustments, including costs
associated with rent. The net reduction is the result of the one-time
cost for tenant alterations in fiscal year 2010.

Program Increases
The request includes $67.6 million for program enhancements.
These increases include:

12. New magistratejudges: $3.0 million

FTE 471

FTE 27

An increase of $3.0 million will fund 6 new magistrate judges (6

FTE) in fiscal year 2011 to assist in districts with heavy caseloads.

U.S. Courts of Appeals, District Courts and Other Judicial Services, Salaries and Expenses
Comparative Summary of Obligations by Category
($000)
Category

FY2009
Actual

FY 2010
Estimate

FY2011
Request

Requested
Increase/Decrease

Compensation and Benefits

3,282,429

3,559,314

3,709,280

149,966

Rent, Communications and Utilities

1,070,214

1,123,733

1,164,326

40,593

Travel

61,839

65,957

68,728

2,771

Other

629,357

761,438

804,397

42,959

5,043,839

5,510,442

5,746,731

236,289

Financing Adjustment

(232,470)

(499,424)

(436,950)

62,474

Available Appropriation (Direct)

4,811,369

5,011,018

5,309,781

298,763

4,253

5,428

4,785

(643)

4,815,622 ___5,016,446

5,314,566

298,120

Total Obligations

Vaccine Injury Trust Fund
Total A~ail~bl~~ppropriation

------

FY 2011 Budget Request
Salaries and Expenses Account by Category
(Obligations)

Operations and
Maintenance
10%

Judges & Chambers Staff
Salaries & Benefits
21%

Information Technology
7%
Court Support Personnel
Benefits
11%

Court Support Personnel
Salaries
33%

precision, and when costs come in below projections, savings
materialize. Savings in the plan are carried forward in the fund and
offset the required deposit in the following year. The judiciary uses
these carryforward funds to offset the following year's
appropriation requirements.

Explanation of Other Funding Sources

In addition to appropriated funds, each year the judiciary uses other
non-appropriated funds to offset its appropriation requirement. Fee
collections, primarily from court filing fees, comprise the majority
of these sources of funds. These fees are used to offset expenses
within the Salaries and Expenses account.

Recognizing that savings in the financial plan tend to occur each
year, but at unpredictable levels, the judiciary has tried to estimate
the level of unencumbered funds that will be available to offset
fiscal year 2011 requirements. As the table on page 37 indicates,
the judiciary has estimated that unencumbered funds will be $432,2
million in fiscal year 2011, a net decrease of$18.1 million from the
$450.3 million in the fiscal year 20 10 financial plan to help finance
court operations. The judiciary requests appropriated funds for
fiscal year 2011 to replace these non-appropriated funds in order to
maintain the same level of services provided in fiscal year 2010.
Because these funds are used as a general offset to judiciary
requirements, the difference in their availability from one fiscal year
to the next affects the judiciary's appropriation requirement. If this
loss in non-appropriated funds is not offset by a like amount of
. appropriated funds, it will result in a reduction in resources needed
to fund base requirements. Due to the unpredictable nature of these
funds, the judiciary will keep Congress informed throughout the
appropriations cycle as to the current level of anticipated
unencumbered non-appropriated funds and adjust its request for
appropriated funds accordingly.

"Unencumbered" Funds
In addition to fee collections, in certain instances, the judiciary may
carry forward funds from one year to the next. These carryforward
funds are considered "unencumbered" when they are generated by
savings in the financial plan in base areas or where budgeted costs
did not materialize. These savings are usually unforseen and
uncontrollable by the judiciary. For example, the judiciary does not
control the confirmation rate of Article III judges. The judiciary
makes its best estimate, based on historical confirmation rates, as to
how many judges will be confirmed in the upcoming year. When
confirmations fall below historical estimates, the funds budgeted for
these judgeships are not obligated. New space delivery is another
area that can produce savings. The judiciary budgets for rent costs
based on projected delivery dates provided by the General Services
Administration. If delivery of the space by GSA is delayed, the
previously budgeted rent costs become unencumbered.
A similar situation exists within the Judiciary Information
Technology Fund. The Salaries and Expenses account must, by
statute, procure its information technology needs, including
hardware and software as well as system development requirements,
from this fund. The fund is financed by deposits from the Salaries
and Expenses account and, once deposited, the funds remain
available without fiscal year limitation. It is common for savings in
the Judiciary Information Technology Fund financial plan to occur.
Information technology costs often are difficult to predict with

"Encumbered" Funds
Carry forward funds are considered "encumbered" when both the
funds and the associated need for the funds shift to the next year.
The judiciary has no-year authority for specific purposes. In some
cases, as was described above, this authority is used to carry
forward savings where planned expenses did not materialize. This
authority is also used when planned expenses are delayed, or
36

Sources of Non-Appropriated Funds in Salaries and Expenses

slipped, from one year to the next. These "slippages" occur
primarily in two areas: infonnation technology investments and
costs associated with new space delivery. In the Judiciary
Infonnation Technology Fund, one ofthe principle purposes for the
creation of this fund was the recognition that the development of
major infonnation technology systems occurs over a period of years
and is not efficiently driven by fiscal year limitations. Even so, the
judiciary only budgets for infonnation technology costs that it
reasonably expects to complete in a given year. Because funds
assigned to infonnation technology inves~ents can carry forward
to the following year, this ensures that, for individual investments,
funds to complete a phase will be available if not obligated by the
end of the fiscal year. This flexibility allows projects to stay on or
under budget by avoiding having to make costly contractual or other
obligations based on the calendar rather than project readiness.

($000)

FY2010
Plan

FY 2011
Request

Difference

Salaries and Expenses

Fee Collections
Other S&E and JITF
Carryforward
Total

Similarly, the judiciary also receives a limited amount of no-year
authority in its regular appropriation for space alterations and
furniture associated with new space delivery. Because space
alteration and building projects are also subject to unpredictable
delays, the ability of the judiciary to carry forward funds associated
with these specific projects allows the judiciary to budget for major
space renovation costs and other non-rental costs associated with
the delivery of a new courthouse and then carry forward these
project specific funds if the project is delayed.
These "encwnbered" funds, while adding to the judiciary's
projected obligations in a given fiscal year, do not impact the
judiciary's appropriations requirement. Even if the total amount
fluctuates from year to year, the funds associated with the specific
project are brought forward from the prior year to fund the project,
resulting in no additional appropriation requirements.

287,682

312,165

24,483

162,582

120,000

(42,582)

450,264

432,165

(18,099)

Salaries and Expenses Obligations - Judiciary Information Technology Fund Program Requirements
($000)
FY 2011

FY 2010

IT Program Component

FY2010
Projected
Obligations

FY2009
Slipped
Requirements

FY2010
Base
Req uirements
(col a + col b)

FY 2010
Requirements
Funded in
FY2009

FY2010
Adjusted
Base
(col c + col d)

FY2011
Total
Reqllirements

Change:
FY 2010
Adj. Base
Requirements
to FY2011
Requirements
(Excl. Prog.
Increases)

Change:
FY2010
Adj. Base
Requirements
to FY 2011
Requirements
(Program
Increases
only)

2,677

2,752

Judicial Statistics and Reporting
Systems
Courtroom Technology Program
Court Allottnents
Probation and Pretrial Services
Financial Systems

5~77

(799)

4,578

3,980

(598)

10,666
108,800
18,512
30,857
22,088

0
(678)
(801)
(3,255)
(869)

10,666
108,122
17,711
27,602
21,219

0
0
0
0
0

10,666
108,122
17,711
27,602
21,219

12,796
1l0,029
19,938
28,579
21,687

2,130
1,907
1,740
977
468

0
0
487
0
0

Management Information Systems

16,095

(1,051)

15,044

15,167

123

Infrastructure and Collaboration
Tools
Telecommunications Program

70,965

(381)

70,584

63,942

(6,642)

65,866

(606)

65,260

5,615

70,875

97,446

1,571

25,000

Court Support Reimbursable
Program

30,426

31,752

1,326

TOTAL, SALARIES AND
EXPENSES

$382~29

($8,440)

$373,889

$5,615

$379,504

$408,068

Court Administration Systems

Human Resources Systems

$3,077

$25,487

Courts of Appeals, District Courts and Other Judicial Services
Defender Services
attorneys established by the court. Costs associated with this
account are driven by the number and type of prosecutions brought
by United States Attorneys.

FY 2011 Request
Courts of Appeals, District Courts and Other Judicial
Services, Defender Services

FY 2010 Enacted Appropriation
Adjustments to Base

FIE

$(000)

2,736

$977,748

113

98,371

Adjustments to Base
An increase of $98.4 million is requested for pay and inflationary
adjustments that will allow the judiciary to meet its constitutional
obligation to provide defense counsel to all eligible persons in fiscal
year 2011. In broad categories, these increases include:

Program Increases:
Increase in panel attorney non-capital rate
(to $141 per hour)
Start-up costs for one new federal defender
organization
FY 2011 Appropriation

1. Pay and benefit adjustments, Federal Defender
Organizations, and Program Administration: $13.2 million

4,776
300
2,849

An increase of $l3.2 million will provide for an estimated 1.4
percent 2011 pay adjustment, promotions and within-grade
increases, and changes in benefit rates.

$1,081,195

2. Pay adjustments, panel attorneys: $33.2 million

Budget Summary

An increase of$33.2 million will provide for the annualization of
the fiscal year 2010 cost-of-living adjustments and increases in the
hourly rates paid to panel attorneys for capital (to $178 per hour)
and non-capital (to $125 per hour) representations, and for cost-ofliving adjustment in the hourly rates effective on January 1,2011.
The capital rate would increase to an estimated $179 per hour, and
the non-capital rate would increase to an estimated $126 per hour in
fiscal year 2011.

The Judicial Conference requests $1,081.2 million for Defender
Services in fiscal year 2011, a 10.6 percent increase over the fiscal
year 2010 enacted appropriation. This appropriation is
approximately 15.0 percent ofthe judiciary's total fiscal year 2011
budget request. This funding supports the provision of
constitutionally-mandated legal representation and other services
to persons financially unable to obtain counsel in criminal and
related matters in federal court. The Criminal Justice Act (CJA)
provides that courts shall appoint counsel from federal public and
community defender organizations or from a panel of private
39

7. Other inflationary increases: $2.9 million

3. Annualization of new fiscal year 2010 staff:
FTE 52
$8.7 million

An increase of$2.9 million is required for inflationary adjustments
for all non-pay categories, as well as for space rental costs.

An increase of$8.7 million (52 FTE) provides the remaining six
months funding in fiscal year 2011 to annualize 104 positions
expected to be hired in fiscal year 2010.

8. Non-recurring costs: ($0.3 million)

4. Annualization of new fiscal year 2010 reimbursable staff:
$0.2 million
FTE 2

A decrease of $0.3 million is for non-recurring costs associated with
start-up costs of one new defender organization expected to open in
fiscal year 2010.

An increase of $214,000 (2 FTE) provides the remaining six
months funding in fiscal year 2011 to annualize 3 AO positions
expected to be hired in fiscal year 2010.

Program Increases

9. Increase the panel attorney non-capital rate to $141 per hour:
$4.8 million

5. Increases in caseload, case complexity and change in caseload
mix: $44.2 million
FTE 59

The request of$4.8 million would fund the fiscal year 2011 costs
associated with increasing the panel attorney non-capital rate to
$141 per hour, effective January 1,2011.

An increase of $44.2 million (59 FTE) is requested for additional
and more costly representations in fiscal year 2011. The additional
Federal Defender Organization staffwill provide for the net
increase in representations and increased complexity associated
with the 210,900 non-capital representations projected in fiscal
year 2011, including high-threat trials, and estimated costs for
capital representations.

10. New Federal Defender Organization: $0.3 million
An increase of $300,000 will provide for the start-up costs of one
new defender organization expected to be opened in fiscal year
2011.

6. Decrease in appropriation to fund base requirements due to
an increase in non-appropriated sources offunds: ($3.6
million)
In fiscal year 20 I 0, $6.4 million in unobligated balances from
fiscal year 2009 was available to finance fiscal year 2010
requirements. In fiscal year 2011, absent unforeseen expenses that
might arise, the jUdiciary expects $10.0 million in nonappropriated funds to be available, an increase of$3.6 million from
fiscal year 2010. Therefore, the increase in these non-appropriated
funds will be used to offset fiscal year 2011 requirements.
40

Courts of Appeals, District Courts and Other Judicial Services
Defender Services
Comparative Summary of Obligations by Category
($000)
Category

FY2009
Actual

FY 2010
Plan

FY2011
Request

Requested
Increase/Decrease

Compensation and Benefits

332,828

366,860

392,608

25,748

Rent, Communications and
Utilities

40,362

44,052

46,414

2,362

Travel

10,225

11,603

11,893

290

Contractual Services
(includes current year panel
attorney payments)

383,351

419,048

488,514

69,466

Other (includes grants to
Community Defender
Organizations)

129,797

142,550

151,766

9,216

Total Obligations

896,563

984,113

1,091,195

107,082 :

Financing Adjustment

(47,163)

(6,365)

(10,000)

(3,635)

Available Appropriation

849,400

977,748

1,081,195

103,447

FY 2011 Budget Request
Defender Services Account by Category
(Obligations)
Program Administration
1%

Panel Attorneys
42%
Federal Defender
Organizations
57%

Courts of Appeals, District Courts and Other Judicial Services
Fees of Jurors and Commissioners
1. Inflationary adjustments: $442,000

FY 2011 Request
Courts of Appeals, District Courts and Other Judicial
Services
Fees of Jurors and Commissioners

In addition to the fees paid, jurors also are reimbursed for certain
expenses including meals and lodging for sequestered jurors and
transportation of juries to view evidence or crime scenes.
Inflationary increases associated with these expenses are expected
to total $191,000 for grand jurors and $251,000 for petit jurors in
fiscal year 2011.

$(000)

FY 2010 Enacted Appropriation

$61,861

2. Projected change in juror days: $1.4 million
Adjustments to Base

2,247

FY 2011 Appropriation

Based on projected changes in the number of available grand and
petit jurors, overall requirements are projected to increase by $1.4
million in fiscal year 2011, primarily associated with high-threat
trials. Requirements for grand jurors related to these expenses are
expected to decrease by $150,000 and requirements for petit jurors
are projected to increase by $1.5 million.

$64,108

Budget Summary
The Judicial Conference requests $64.1 million for Fees of Jurors
and Commissioners in fiscal year 2011, a 3.6 percent increase over
the fiscal year 2010 enacted appropriation. This appropriation is
less than one percent of the judiciary's total budget. Costs
associated with this account may be unpredictable and are driven
by the number of jury trials, the length of those trials, and statutory
rates for reimbursement paid to jurors.

3. Funding needed to maintain fiscal year 2010 service level:
$451,000
The fiscal year 2010 fmancial plan was financed in part by
$2,887,000 in carryforward balances from fiscal year 2009. The
judiciary anticipates carryforward funding of $2,436,000 in fiscal
year 2011. Thus, the judiciary requests $451,000 in fiscal year
2011 to replace direct appropriations in order to maintain fiscal
year 2010 service levels.

Adjustments to Base
All of the adjustments in this account are base adjustments that will
allow the account to continue to pay for the statutory fees and
expenses to grand and petit jurors and compensation ofland
commissioners in fiscal year 2011. These adjustments include:
43

Courts of Appeals, District Courts and Other Judicial Services
Fees of Jurors and Commissioners
Comparative Summary of Obligations by Category
($000)
Category
Compensation and
Benefits

FY2009
Actual

FY 2010
Plan

FY2011
Request

I
!

Requested
Increase~ecrease

29,624

30,349

31,191

842

1,469

1,518

1,561

Travel

30,148

30,800

31,653

853

Other

2,021

2,081

2,139

63,262

64,748

66,544

1,796

(1,056)

(2,887)

(2,436)

451

62,206

61,861

64,108

Rent, Communications and
Utilities

Total Obligations
Financing Adjustment
~vailable

Appropriation

- -

2,247
-

FY 2011 Budget Request
Fees of Jurors and Commissioners Account by Category
(Obligations)

Land Commissioners
0.2%
Grand Jurol"S
26.6%

Courts of Appeals, District Courts and Other Judicial Services
Court Security
Adjustm~nts

FY 2011 Request
Courts of Appeals, District Courts and Other Judicial
Services
Court Security
FIE

$(000)

FY 2010 Enacted Appropriation
Adjustments to Base
Program Increases:
Five new judiciary-funded USMS
positions
National contract for vehicle barrier
maintenance
Facial recognition system (pilot)

452,607
41,239

FY 2011 Appropriation

to Base

The Court Security request for adjustments to base is for pay,
inflationary increases, and other adjustments that will maintain
fiscal year 2010 current services. In broad categories, these
adjustments include:
1. Pay and benefit increase: $0.3 million

For federal employees, this increase accounts for the annualization
of the 2010 pay adjustment, an estimated 1.4 percent 2011 pay
adjustment, within-grade increases, and changes in benefit rates.

309

1. Annualization offiscalyear 1010 court security
officer positions (10): 0.8 million

683
200

Funding is required to annualize costs for 20 additional Court
Security Officers (CSO) consistent with the CSO staffing formula
expected to be brought on-board in fiscal year 20 I 0, based on
projected occupancy dates for new and existing space.

$495,038

Budget Summary
The Judicial Conference requests $495.0 million for Court Security
in fiscal year 2011, a 9.4 percent increase over the fiscal year 2010
enacted appropriation. The majority of the funding is transferred to
the u.S. Marshals Service (USMS) which is responsible for
administering the Judicial Facility Security Program. The Court
Security appropriation is approximately seven percent of the
judiciary's total budget.

3. Department ofLabor and Collective Bargaining Agreements
wage rate adjustment: $13.3 million
This increase provides for an average 4.0 percent wage adjustment
for contract court security officers as established by the Department
of Labor and based on collective bargaining agreements.

4. Non-pay inflationary increases: $0.1 million

access control systems; and security for high-threat trials. An
offsetting decrease of $7.1 million is for the maintenance of x-ray
machines and metal detectors; courthouse radio systems; security
screening equipment for new court facilities; additional and
replacement equipment; equipment for probation and pretrial
services offices and federal public defender organizations; and
expansion of ETD systems and itemiser consumables, spare parts
and repair services for ETD systems.

The funding requested will provide for a general inflationary
increase of 1.1 percent for travel, supplies, equipment, GSA space
rental costs, and other contractual services (exclusive of Court
Security Officers contracts).

5. Additional court security officers (30) associated with fiscal
year 2011 new and existing space: $7.2 million

8. Non-recurring requirements: ($0.9 million)
The increase provides for 30 additional CSOs for new and
renovated existing space expected to be delivered in fiscal year
2011, as well as staffing for high-threat trials.

Non-recurring costs include reductions to one-time administrative
expenses to bring the base in line with lower funding requirements.

6. Changes in Federal Protective Service security charges:
$5.4 million

9. Funding necessary to maintain fiscal year 1010 service levels
due to an anticipated decline in non-appropriated sources of
funds: $5.0 million

The requested increase of $5.4 million will fund basic security
($1.7 million) and building-specific ($3.7 million) operating
expenses based on anticipated billings from the Federal Protective
Service. This brings the total request to $72.6 million in fiscal year
2011, compared to $67.3 million projected in fiscal year 2010.

In fiscal year 2010, the court security account will utilize $5.0
million in carryforward balances from fiscal year 2009. The
judiciary currently does not anticipate having carryforward balances
available at the end of fiscal year 2010 for use in fiscal year 20 II.
Thus, the judiciary requests that these carryforward funds be
replaced with direct appropriations in order to maintain the fiscal
year 2010 service level in fiscal year 20 II.

7. Adjustments to base for security systems and equipment:
$9.9 million
The requested net increase of$9.9 million will fund adjustments
above the fiscal year 2010 funded base for court security systems
and equipment. This includes $17.0 million in increases for
security equipment for new and renovated court facilities; cyclical
replacement of screening equipment; perimeter security
improvements; cyclical replacement of explosive trace detection
(ETD) systems; cyclical replacement of hardware and software for
48

Program Increases

10. Five New judiciary-funded USMS positions: $0.3 million
The judiciary presently funds 70 full-time USMS positions in fiscal
year 2010. For fiscal year 2011, the USMS requests 5 additional
positions (3 FTE) in fiscal year 2011, including a physical security
specialist, a criminal investigator, two program analysts, and a
budget analyst.

11. Nationwide contract/or vehicle barrier maintenance:
$0. 7 million
Funding is requested to establish a nationwide preventative
maintenance contract and repair program for vehicle barriers
installed by the USMS. This approach will increase the reliability
of the vehicle barriers and reduce frequency of breakdowns.

12. Pilot 0/ Facial Recognition Systems: $0.2 million
The USMS recommends an initiative to pilot facial recognition
systems in court facilities. This initiative will provide effective
technology to identify and prevent individuals who are "persons of
interest" from entering courthouse facilities.

Courts of Appeals, District Courts and Other Judicial Services
Court Security
Comparative Summary of Obligations by Category
($000)
Category

FY2009
Actual

FY 2010
Estimate

Requested
Increase/Decrease

FY2011
Request

Compensation and Benefits

6,795

8,113

8,374

261

Rent, Communications and Utilities

5,850

5,956

6,107

151

349

432

504

299,704

310,748

331,961

21,213

Federal Protective Service Charges

64,307

67,254

72,639

5,385

Other

55,750

65,104

75,453

10,349

432,755

457,607

495,038

37,431

(3,897)

(5,000)

5,000

428,858

452,607

495,038

42,431

Travel
Court Security Officers Contract

Total Obligations
Financing Adjustment
_~vailable

Appropriation

Court Security - Summary of Requirements and Financing
Court Security
Officers
(CSOs)

Systems/Equip

Program
Administration

FPS
Provided
Security

Total

Financing:

CSOs

$000

FY 2010 Financial Plan

4,194

$310,748

$65,500

$19,105

$67,254

$462,607

($5,000)

4,194

$310,748

$60,500

$19,105

$67,254

$457,607

$21,213

$10,785

$48

$5,385

$37,431

4,261

$331,961

$71,285

$19,153

$72,639

$495,038

Less: Carryforward from
FY 2009

Total FY 2010 Enacted
Appropriation
FY 2011 Appropriation
Increases

Total FY 2011 Request
--

$000

FTE

$000

FTE

$000

FY 2011
Budget Request
Court Security Account by Category
(Obligations)

Federal Protective Service
Charges
15%

Program Administration
4%

Security Systems and
Equipment
14%
Court Security
Officer Contract Costs
67%

Administrative Office of the U.S. Courts
The AO provides administrative, legal, financial management,
program, security, and information technology services to the
federal courts. It provides support and staff counsel to the Judicial
Conference of the United States and its committees, and
implements Judicial Conference policies as well as applicable
federal statutes and regulations. The AO is the focal point for
communication and coordination within the judiciary and with
Congress, the executive branch, and the public on behalf of the
judiciary. As such, the court staffing levels are a primary workload
driver for the AO.

FY 2011 Request
Administrative Office of the U.S. Courts

FY 2010 Enacted Appropriation

FTE

$(000)

639

$83.075

Adjustments to Base

3,893

Program Increases:
Four new court support positions

FY 2011 Appropriation

287

641

$87,255

Adjustments to Base

Budget Summary
The Administrative Office (AO) requests $87.3 million in fiscal year
20~ 1, a 5.0 percent increase over the fiscal year 2010 enacted
appropriation. In addition to the appropriation provided by Congress,
the AO receives non-appropriated funds from sources such as fee
collections and carryover balances to offset its appropriation
requirements. The AO also receives reimbursements from other
judiciary accounts for information technology development and support
services that are"in direct support of the courts, the court security
program, and defender services.

The AO requests a $3.9 million increase for base adjustments to
the fiscal year 20 I 0 current services level. This includes increased
costs for recurring requirements, such as travel, communications,
service agreements, and supplies.

Program Increases
1.

Four new positions:

$287,000

FTE 2

An increase of $287,000 will fund 4 new positions (2 FTE) for six
months to address high priority court support functions ofthe AO.
It is the first request for additional AO-funded staff in six years.
Two operating accountant positions are requested to support a
comprehensive modernization and consolidation effort of the
judiciary's nationwide accounting system (FAS4T). These
positions will develop and implement a new disbursing capability,
which will strengthen internal control and financial accountability.

A database manager position is requested to oversee the replacement
effort of the Probation Automated Case Tracking System (PACTS).
PACTS is the primary information technology system used by the
probation and pretrial services offices, which is reaching its capacity
with 8,000 users and more than one million records.
One position is requested to coordinate between program offices
throughout the AD, several executive branch agencies, Congress, and
two Judicial Conference committees on high~profile .and complex
facilities and security functions ofthe judiciary.

Administrative Office of the U.S. Courts
Comparative Summary of Obligations by Category
($000)
Category
Compensation and
Benefits

FY2009
Actual

FY2010
Plan

Requested

FY2011
Request

Increase~ecrease

131,867

139,946

145,481

5,535

695

889

912

Travel

1,497

1,769

1,815

Other

9,197

8,626

8,375

(251)

143,256

151,230

156,583

5,353

Financing Adjustment

(22,287)

(23,050)

(22,222)

828

Reimbursable Program

(41,920)

(45,105)

(47,106)

(2,001)

79,049

83,075

87,255

4,180

Rent, Communications and
Utilities

Total Obligations

Available Appropriation

Federal Judicial Center
Adjustments to Base
FY 2011 Request
Federal Judicial Center

FfE

$(000)

The Federal Judicial Center requests $1.0 million and 2 FTE in
adjustments to base increases, which are comprised of standard pay
and other inflationary adjustments, and the annualization of four
new staff expected to be hired in fiscal year 2010.

138

$27,328

Program Increases

956

FY 2010 Enacted Appropriation
Adjustments to Base

1. Enhance education and training programs: $115,000

Program Increases:
Enhance education and training
programs

115

Enhance education, training and
research technology resources

295

FY 2011 Appropriation

140

The Federal Judicial Center request $115,000 in fiscal year 2011 to
continue the initiative to enhance education and training
programming for judges, court staff attorneys, and court executives
and managers.

2. Enhance education, training and research technology
resources: $295,000

$28,694
The Federal Judicial Center requests $295,000 to enhance
education and research technology resources, including
information technology licenses and contractor support for elearning tools and for content management to enable users to have
more effective access to Center online programs and services and
to stay current with continuously evolving automation and video
equipment necessary to expand distance learning and its delivery.

Budget Summary
The Federal Judicial Center (FJC) requests $28.7 million in fiscal
year 2011, a 5.0 percent increase over the fiscal year 2010 enacted
appropriation. The FJC, which is the research and education ann
of the Third Branch, provides judges and other judiciary personnel
with education and training on legal developments and efficient
litigation management and court administration. As such, its
workload is derived in large part by the population of the courts.

Federal JUdicial Center
Comparative Summary of Obligations by Category
($000)
Category
Compensation and
Benefits

FY2009
Actual

FY2010
Plan

Requested
lncreasenoecrease

FY2011
Request

17,660

18,952

19,764

812

512

542

522

(20)

Travel

5,126

5,546

5,436

(110)

Other

3,025

2,996

3,172

176

26,323

28,036

28,894

858

(598)

(708)

(200)

508

25,725

27,328

28,694

1,366

Rent, Communications
and Utilities

Total Obligations
Financing Adjustment

Available Appropriation

Payment to Judiciary Trust Funds
Adjustments to Base
FY 2011 Request
Payment to Judiciary Trust Funds

Based on independent actuarial calculations, an increase of $8.0
million is required for this account for fiscal year 2011 detailed as
follows:

$(000)
FY 2010 Enacted Appropriation

Adjustments to Base
FY 2011 Appropriation

$82,374

Judicial Officers' Retirement Fund

$7,187,400

7,987

Judicial Survivors' Annuities Fund

$800,000

Total

$90,361

Budget Summary
The Judicial Conference requests $90.4 million for the Judiciary
Trust Fund in fiscal year 2011, a 9.7 percent increase over the
fiscal year 2010 enacted appropriation. The Judiciary Trust Fund
is a congressionally-scored mandatory account and is divided
among three trust funds that finance payments to (1) retired
bankruptcy and magistrate judges, (2) retired Court of Federal
Claims judges, and (3) spouses and dependent children of
deceased judicial officers. The appropriation requirements are
calculated annually by an enrolled actuary pursuant to 31 U.S.C.
9503.

$7,987,400

Payment to Judiciary Trust Funds
Comparative Summary of Obligations by Category
($000)
Category

FY2009
Actual

FY2010
Plan

Requested

FY2011
Request

Increase~ecrease

Other

76,140

82,374

90,361

7,987

Total Obligations

76,140

82,374

90,361

7,987

76,140

82,374

90,361

7,9871

Financing Adjustment
Available Appropriation

United States Sentencing Commission
The Commission has begun a comprehensive assessment of federal
sentencing. As part of the assessment, the Commission held
regional hearings across the country and the input received will
help to shape the Commission's policy priorities for the year.

FY 2011 Request
U.S. Sentencing Commission

FY 2010 Enacted Appropriation

FfE

$(000)

110

$16,837

Adjustments to Base

Adjustments to Base
The Commission requests $758,000 in adjustments to base
increases, which are comprised of pay and other inflationary
adjustments. The Commission requests no program increases.

758

FY 2011 Appropriation

110

$17,595

Budget Summary
The U.S. Sentencing Commission requests $17.6 million in fiscal
year 2011, a 4.5 percent increase over the fiscal year 2010 enacted
appropriation.
The fulfillment of the Commission's duties to review and revise
the guidelines regularly, collect data from federal sentencing
courts, analyze these data to provide meaningful information on
federal sentencing practices, and provide extensive training to
guideline users can be satisfied only with full funding of its fiscal
year 2011 request. Full funding will allow the Commission to
continue its efforts to review and revise the guidelines; provide
specialized training on federal sentencing issues, including
application of the guidelines; modernize its data collection,
analysis, and reporting systems; and continue its review of
alternatives to incarceration.

U.S. Sentencing Commission
Comparative Summary of Obligations by Category
($000)
Category
Compensation and
Benefits
Rent, Communications and
Utilities
Travel
Other

Total Obligations
Financing Adjustment

Available Appropriation

FY2009
Actual

FY2010
Plan

Requested
Increasenoecrease

FY 2011
Request

11,419

12,941

13,596

655

125

889

859

880

3,756

3,449

5,230

1,781

16,152

17,337

19,831

2,494

(500)

(2,236)

(1,736)

16,225

16,837

17,595

758