Judiciary Appropriations FY2016
Matthew E. Glassman
Analyst on the Congress
June 18, 2015
Congressional Research Service
7-5700
www.crs.gov
R44078

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Judiciary Appropriations FY2016

Summary
Funds for the judicial branch are included annually in the Financial Services and General
Government (FSGG) Appropriations bill. The bill provides funding for the Supreme Court; the
U.S. Court of Appeals for the Federal Circuit; the U.S. Court of International Trade; the U.S.
Courts of Appeals and District Courts; Defender Services; Court Security; Fees of Jurors and
Commissioners; the Administrative Office of the U.S. Courts; the Federal Judicial Center; the
U.S. Sentencing Commission; and Judicial Retirement Funds.
The judiciary’s FY2016 budget request of $7.533 billion was submitted on February 2, 2015. By
law, the President includes the requests submitted by the judiciary in the annual budget
submission without change.
The House and Senate Appropriations Committees’ Financial Services and General Government
Subcommittees held hearings in February and March to consider the FY2016 judiciary request.
The FY2016 budget request represents a 3.7% increase over the FY2015 enacted level of $7.261
billion provided in the Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113-
235, Division E, Title III, enacted December 16, 2014).
Appropriations for the judiciary comprise approximately 0.2% of total budget authority.

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Judiciary Appropriations FY2016

Contents
FY2016 Consideration: Overview of Actions.................................................................................. 1
Status of FY2016 Appropriations: Dates of Action, Bill Numbers, and Reports ................ 1
Submission of FY2016 Budget Request on February 2, 2015 .................................................. 1
Senate and House Hearings on the FY2016 Budget Request .................................................... 1
House Appropriations Committee Subcommittee on Financial Services and General
Government Markup .............................................................................................................. 2
Funding in Recent Years: Brief Overview ....................................................................................... 2
The Judiciary Budget and Key Issues .............................................................................................. 3
Cost Containment ...................................................................................................................... 4
Judicial Security ........................................................................................................................ 4
Judgeships.................................................................................................................................. 5
Judiciary Accounts and Funding ...................................................................................................... 5
Supreme Court ........................................................................................................................... 6
U.S. Court of Appeals for the Federal Circuit ........................................................................... 6
U.S. Court of International Trade .............................................................................................. 6
Courts of Appeals, District Courts, and Other Judicial Services ............................................... 7
Administrative Office of the U.S. Courts .................................................................................. 7
Federal Judicial Center .............................................................................................................. 8
United States Sentencing Commission ...................................................................................... 8
Judiciary Retirement Funds ....................................................................................................... 8
Administrative Provisions ......................................................................................................... 8

Tables
Table 1. Status of Judiciary Appropriations, FY2016 ...................................................................... 1
Table 2. Dates of House and Senate Hearings on Judiciary Requests ............................................. 2
Table 3. The Judiciary Appropriations, FY2015-FY2016 ............................................................... 5
Table A-1. Overview of Judiciary Appropriations: FY2008-FY2015 ............................................. 9

Appendixes
Appendix. Fiscal Year Information and Resources .......................................................................... 9

Contacts
Author Contact Information........................................................................................................... 10

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FY2016 Consideration: Overview of Actions
The first section of this report provides an overview of the consideration of FY2016 judiciary
appropriations, with subsections covering each major action, including
• the initial submission of the request on February 2, 2015;
• hearings held by the House and Senate Financial Services Subcommittees; and
• the House subcommittee markup on June 10, 2015.
The status is summarized in Table 1. This overview is followed by a section on prior-year actions
and funding. The report then provides an overview of judiciary accounts.
Status of FY2016 Appropriations: Dates of Action, Bill Numbers, and Reports
Table 1. Status of Judiciary Appropriations, FY2016
Conference Report
Committee Markup



Approval

House
Senate Conference
House Senate Passage
Passage
Report
House Senate
Public
Law








Source: Congressional Research Service examination of data from http://congress.gov/.
Note: In recent years, the House has held a subcommittee markup prior to the ful committee markup. The
House subcommittee held its markup on June 10, 2015.
Submission of FY2016 Budget Request on February 2, 2015
The Budget for Fiscal Year 2016 was submitted on February 2, 2015. It contains a request for
$7.533 billion in new budget authority for judicial branch activities.1 By law, the judicial branch
request is submitted to the President and included in the budget submission without change.2
Senate and House Hearings on the FY2016 Budget Request
Table 2 lists the dates of judiciary-related hearings of the financial services subcommittees in
2015. Prepared statements of witnesses were posted on the subcommittee websites.3

1 Office of Management and Budget, Appendix, Budget of the United States Government, FY2016 (Washington: GPO,
2014), pp. 13-44, available at https://www.whitehouse.gov/sites/default/files/omb/budget/fy2016/assets/leg.pdf.
2 Pursuant to 31 U.S.C. 1105, “Estimated expenditures and proposed appropriations for the legislative branch and the
judicial branch to be included in each budget ... shall be submitted to the President ... and included in the budget by the
President without change.” Division C of the FY2012 Consolidated Appropriations Act (P.L. 112-74) added language
to 31 U.S.C. 1107 relating to budget amendments, stating: “The President shall transmit promptly to Congress without
change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and
the judicial branch.”
3 Witnesses included Justice Anthony Kennedy and Justice Stephen Breyer from the Supreme Court; Judge Julia
Gibbons, chair of the Committee on the Budget of the Judicial Conference; and James Duff, Director of the
(continued...)
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Table 2. Dates of House and Senate Hearings on Judiciary Requests

House of Representatives
Senate
Supreme Court
March 23, 2015
—
Judiciary
March 25, 2015
March 24, 2015
Source: Congressional Research Service examination of House and Senate Appropriations Committee websites.
The House subcommittee announced that it would accept programmatic and language
submissions from Members through March 26, 2015.
House Appropriations Committee Subcommittee on Financial
Services and General Government Markup
On June 10, 2015, the House Appropriations Committee Subcommittee on Financial Services and
General Government held a markup of the FY2016 bill. The subcommittee recommended a total
of $7.48 billion for the judiciary.
Funding in Recent Years: Brief Overview
FY2015
FY2015 judiciary funding was provided in Division E, Title 3, of the Consolidated and Further
Continuing Appropriations Act, 2015 (P.L. 113-235), which was enacted on December 16, 2014.
The $7.261 billion provided by the act represented an increase of $221.9 million (3.2%) from
FY2014 and was $37.9 million (-0.5%) less than the judiciary’s request.
FY2014
Neither a Financial Services and General Government Appropriations bill, nor a continuing
appropriations resolution (CR), containing FY2014 funding was enacted prior to the beginning of
the fiscal year on October 1, 2013. A funding gap, which resulted in a partial government
shutdown, ensued for 16 days.4 The funding gap was terminated by the enactment of a CR (P.L.
113-46) on October 17, 2013. The CR provided funding through January 15, 2014. Following
enactment of a temporary continuing resolution on January 15, 2014 (P.L. 113-73), a consolidated
appropriations bill was enacted on January 17 (P.L. 113-76), providing $7.039 billion for the
judiciary for FY2014.

(...continued)
Administrative Office of the U.S. Courts.
4 The judiciary, however, did not experience a lapse in appropriations, as revenue from non-appropriated sources was
available for use during the entirety of the shutdown. See CRS Report RL34680, Shutdown of the Federal Government:
Causes, Processes, and Effects, coordinated by Clinton T. Brass.
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The Judiciary Budget and Key Issues
Appropriations for the judiciary comprise approximately 0.2% of total budget authority.5
Two accounts that fund the Supreme Court (the salaries and expenses of the Court and the
expenditures for the care of its building and grounds, which are the responsibility of the Architect
of the Capitol) together total approximately 1% of the total judiciary budget. The rest of the
judiciary’s budget provides funding for the lower federal courts and related judicial services.
The largest account, approximately 73% of the total FY2015 enacted level, is the Salaries and
Expenses account for the U.S. Courts of Appeals, District Courts, and Other Judicial Services.
This covers the “salaries of circuit and district judges (including judges of the territorial courts of
the United States), justices and judges retired from office or from regular active service, judges of
the U.S. Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and
employees of the federal judiciary not otherwise specifically provided for,” and “necessary
expenses of the courts.” Two other large accounts provide funds for Defender Services (14.0%)
and Court Security (7.1%).
The remaining judiciary budget is divided among the U.S. Court of Appeals for the Federal
Circuit (0.5% of FY2015 enacted), U.S. Court of International Trade (0.3%), Fees of Jurors and
Commissioners (0.7%), Administrative Office of the U.S. Courts (1.2%), Federal Judicial Center
(0.4%), U.S. Sentencing Commission (0.2%), and Judicial Retirement Funds (2.0%).
Three specialized courts within the federal court system are not funded under the judiciary
budget: the U.S. Court of Appeals for the Armed Forces (funded in the Department of Defense
appropriations bill), the U.S. Court of Appeals for Veterans Claims (funded in the Military
Construction, Veterans Affairs, and Related Agencies appropriations bill), and the U.S. Tax Court
(funded under Independent Agencies, Title V, of the Financial Services and General Government
[FSGG] bill). Federal courthouse construction is funded within the General Services account
under Independent Agencies, Title V, of the FSGG bill.
The judiciary uses non-appropriated funds to help offset its funding requirements. The majority of
these non-appropriated funds are from fee collections, primarily court filing fees. These monies
are used to offset expenses within the Salaries and Expenses account of Courts of Appeals,
District Courts, and Other Judicial Services. Some of these funds may be carried forward from
one year to the next. These funds are considered “unencumbered” because they result from
savings from the judiciary’s financial plan in areas where budgeted costs did not materialize.
According to the judiciary, such savings are usually not under its control (e.g., the judiciary has
no control over the confirmation rate of Article III judges and must make its best estimate on the
needed funds to budget for judgeships, rent costs, and technology funding for certain programs).
The budget request and appropriations figures presented here reflect the net resources for the
judiciary, and do not include these offsetting non-appropriated funds.

5 Calculations by CRS with data from Historical Tables, Budget of the United States Government, FY2015, Table 5.2—
Budget Authority By Agency: 1976–2018; available at http://www.whitehouse.gov/omb/budget/Historicals.
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The judiciary also has “encumbered” funds—no-year authority funds appropriated for specific
purposes. These are used when planned expenses are delayed, from one year to the next (e.g.,
costs associated with space delivery, and certain technology needs and projects).
Cost Containment
In her written testimony submitted to the House Appropriations Financial Services and General
Government Subcommittee on the judiciary’s FY2016 budget request, Judge Julia S. Gibbons,
chair of the Budget Committee of the Judicial Conference of the United States,6 discussed the
results and ongoing efforts of the judiciary’s formal cost-containment initiatives, which began in
2004. According to Judge Gibbons, the judiciary has achieved a cost avoidance of “nearly $1.5
billion relative to [the] projected requirements” over the past 10 years. Current efforts focus on
implementation of shared administrative services among various courts, as well as reducing the
judiciary’s space footprint. In 2013, the Judicial Conference set a goal of a 3% reduction in total
space. According to Judge Gibbons, as of March 2015, 30% of that goal has been reached,
resulting in $5.8 million in rent cost avoidance, and the judiciary “is on track to accomplish the
full three percent reduction by the end of fiscal year 2018.”7
Judicial Security8
The safe conduct of court proceedings and the security of judges in courtrooms and off-site has
been a concern in recent years. Efforts to improve judicial security have been spurred by the
double homicide of family members of a federal judge in Chicago in 2005; the Atlanta killings, in
2005, of a state judge, a court reporter, and a sheriff’s deputy at a courthouse; the sniper shooting
of a state judge in his Reno office in 2006; and the wounding of a deputy U.S. marshal and killing
of a court security officer at the Lloyd D. George U.S. Courthouse and Federal Building in Las
Vegas in 2010.9 An FY2005 supplemental appropriations act10 included a provision that provided
intrusion detection systems for judges in their homes, and the Court Security Improvement Act of
200711 aimed to enhance security for judges and court personnel, as well as courtroom safety for
the public.
The judiciary has been working closely with the U.S. Marshals Service (USMS) to ensure that
adequate protective policies, procedures, and practices are in place. The FY2015 appropriation
continues a pilot program for the USMS to assume responsibility for perimeter security at
selected courthouses that were previously the responsibility of the Federal Protective Service

6 The Judicial Conference of the United States is the principal policymaking body for the federal courts system. The
Chief Justice of the Supreme Court is the presiding officer of the conference, which comprises the chief judges of the
13 courts of appeals, a district judge from each of the 12 geographic circuits, and the chief judge of the Court of
International Trade.
7 Statement of Honorable Julia S. Gibbons, Chair, Committee on the Budget of the Judicial Conference of the United
States, U.S. House, Committee on Appropriations Subcommittee on Financial Services and General Government,
March 24, 2015, pp. 3-4.
8 For an analysis of court security and federal building security in general, see CRS Report R41138, Federal Building,
Courthouse, and Facility Security, by Lorraine H. Tong and Shawn Reese.
9 Steve Friess, “Two Killed in Las Vegas Courthouse,” The New York Times, January 4, 2010, available at
http://www.nytimes.com/2010/01/05/us/05vegas.html.
10 P.L. 109-13.
11 P.L. 110-177.
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(FPS). This pilot was first authorized in FY2009 as a result of the judiciary’s stated concerns that
FPS was not providing adequate perimeter security. After the initial planning phase, USMS
implemented the pilot program on January 5, 2009, and assumed primary responsibility for
security functions at seven courthouses located in Chicago, Detroit, Phoenix, New York, Tucson,
and Baton Rouge (location of two of the seven courthouses). The judiciary and USMS have been
evaluating the program and identifying areas for improvement. The judiciary reimburses USMS
for the protective services.
Judgeships
Following its biennial evaluation and review of judgeship needs, the Judicial Conference of the
United States, in March 2015, recommended Congress create 73 new federal judgeships: 5 in the
courts of appeals and 68 in the district courts.12 The Conference made a similar request in the
113th Congress, recommending a total of 91 new judgeships. Subsequent legislation was
introduced in both the House and Senate to address this request, but no final action was taken
before the 113th Congress adjourned.
Since the enactment of an omnibus judgeship bill in 1990 (P.L. 101-650), according to the
Judicial Conference, the number of appellate judgeships has remained at 179 while appellate
court case filings have increased by 28%. During this same time period, Congress enacted
legislation that increased the number of district judgeships by 5% (from 645 to 677) while district
court case filings increased by 41%.13
Judiciary Accounts and Funding
The FY2016 judiciary budget request totals $7.53 billion. Table 3 lists the amounts enacted for
FY2015 and the President’s FY2016 request.
Table 3. The Judiciary Appropriations, FY2015-FY2016
(in millions of dollars)

FY2015
FY2016
FY2016
FY2016
FY2016
Enacted
Requested
House
Senate
Enacted
Supreme Court (total)
89
88



Salaries and Expenses
77
78
Building and Grounds
12
10



U.S. Court of Appeals for
33 34


the Federal Circuit
U.S. Court of International
20 20


Trade

12 The Judicial Conference also recommended that nine additional temporary district court judgeships be made
permanent. See http://www.uscourts.gov/file/361/download?token=qUtTrrrr for a list of the Conference’s judgeship
recommendations.
13 See U.S. Courts, “Success Reported in Aggressive Space and Rent Reduction Initiative,” Press Release, March 10,
2015, http://www.uscourts.gov/news/2015/03/10/successes-reported-aggressive-space-and-rent-reduction-initiative-0.
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FY2015
FY2016
FY2016
FY2016
FY2016
Enacted
Requested
House
Senate
Enacted
Courts of Appeals, District
Courts, and Other Judicial
6,847 7,103



Services (total)
Salaries and Expenses
5,259
5,445



Defender Services
1,016
1,058



Fees of Jurors and
Commissioners
52 52


Court Security
514
542



Vaccine Injury Trust Fund
5
6



Administrative Office of the
U.S. Courts
84 88


Federal Judicial Center
27
28



United States Sentencing
Commission
17 18


Judicial Retirement Funds
144
155



Total: The Judiciary
7,261
$7,533



Sources: P.L. 113-235, and the Budget for Fiscal Year 2016.
Notes: All figures are rounded, and column sums may not equal the total due to rounding.
Supreme Court
The total FY2016 request for the Supreme Court, $88.2 million, is contained in two accounts: (1)
Salaries and Expenses of $78.2 million and (2) Care of the Building and Grounds of $10.0
million. The total represents a 0.9% decrease over the FY2015 enacted level.
U.S. Court of Appeals for the Federal Circuit
This court, consisting of 12 judges, has jurisdiction over and reviews, among other things, certain
lower court rulings on patents and trademarks, international trade, and federal claims cases. The
FY2016 budget request is $33.8 million, an increase of 2.0% over the FY2015 enacted level.
U.S. Court of International Trade
This court has exclusive jurisdiction nationwide over civil actions against the United States and
its agencies and officers, certain civil actions brought by the United States arising out of import
transactions, as well as the administration and enforcement of federal customs and international
trade laws. The FY2016 request of $20.2 million is an increase of 1.8% over the FY2015 enacted
level.
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Courts of Appeals, District Courts, and Other Judicial Services
The total FY2016 funding request of $7,103.0 million covers 12 of the 13 courts of appeals and
94 district judicial courts located in the 50 states, District of Columbia, Commonwealth of Puerto
Rico, Commonwealth of the Northern Mariana Islands, and the territories of Guam and the U.S.
Virgin Islands. The account is divided among salaries and expenses, the Vaccine Injury
Compensation Trust Fund, court security, defender services, and fees of jurors and
commissioners.
Salaries and Expenses
The FY2016 request for this account is $5,444.6 million, an increase of 3.5% over the FY2015
enacted level.
Vaccine Injury Compensation Trust Fund
Established to address a perceived crisis in vaccine tort liability claims, the Vaccine Injury
Compensation Program funds a federal no-fault program that protects the availability of vaccines
in the nation by diverting a substantial number of claims from the tort arena. The FY2016 request
is $6.0 million, an 11.5% increase over the FY2015 enacted level.
Court Security
This account provides for protective services, security systems, and equipment needs in
courthouses and other federal facilities to ensure the safety of judicial officers, employees, and
visitors. Under this account, the majority of funding for court security is transferred to the U.S.
Marshals Service to pay for court security officers under the Judicial Facility Security Program.
The FY2016 request is $542.4 million, an increase of 5.5% over the FY2015 enacted level.
Defender Services
This account funds the operations of the federal public defender and community defender
organizations, and compensation, reimbursements, and expenses of private practice panel
attorneys appointed by federal courts to serve as defense counsel to indigent individuals. The cost
for this account is driven by the number and type of prosecutions brought by U.S. attorneys. The
FY2016 request is $1,057.6 million, an increase of 4.0% over the FY2015 enacted level.
Fees of Jurors and Commissioners
This account funds the fees and allowances provided to grand and petit jurors, and compensation
for jury and land commissioners. The FY2016 request is $52.4 million, an increase of 0.4% over
the FY2015 enacted level.
Administrative Office of the U.S. Courts
As the central support entity for the judiciary, the AOUSC provides a wide range of
administrative, management, program, and information technology services to the U.S. courts.
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AOUSC also provides support to the Judicial Conference of the United States, and implements
conference policies and applicable federal statutes and regulations. The FY2016 request for
AOUSC is $87.6 million, an increase of 3.8% over the FY2015 enacted level.
Federal Judicial Center
As the judiciary’s research and education entity, the Federal Judicial Center undertakes research
and evaluation of judicial operations for the Judicial Conference committees and the courts. In
addition, the center provides judges, court staff, and others with orientation and continuing
education and training. The center’s FY2016 request is $27.7 million, an increase of 2.7% over
the FY2015 enacted level.
United States Sentencing Commission
The commission promulgates sentencing policies, practices, and guidelines for the federal
criminal justice system. The FY2016 request is $17.5 million, an increase of 3.8% over the
FY2015 enacted level.
Judiciary Retirement Funds
This mandatory account provides for three trust funds that finance payments to retired bankruptcy
and magistrate judges, retired Court of Federal Claims judges, and the spouses and dependent
children of deceased judicial officers. The FY2016 request is for $155.4 million. These funds are
provided in Title VI (General Provisions) of the FSGG bill, rather than in Title III (the Judiciary).
Administrative Provisions
As in past years, the budget request contained a number of recurring general provisions, including
those that would
• permit funds for salaries and expenses to be available for employment of experts
and consultant services (as authorized by 5 U.S.C. §3109);
• permit up to 5% of any appropriation made available for FY2016 to be
transferred between judiciary appropriations accounts, provided that no
appropriation is decreased by more than 5% or increased by more than 10% by
any such transfer, except in certain circumstances. In addition, the language
would provide that any such transfer be treated as a reprogramming of funds
under Sections 604 and 608 of the bill and would not be available for obligation
or expenditure except in compliance with procedures set forth in those sections;
• authorize an amount not to exceed $11,000 to be used for official reception and
representation expenses incurred by the Judicial Conference of the United States;
• enable the judiciary to contract for repairs under $10,000; and
• authorize a court security pilot program.
There is also one new provision that would increase the daily juror attendance fee by $10, from
$40 to $50.
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Appendix. Fiscal Year Information and Resources
Table A-1. Overview of Judiciary Appropriations: FY2008-FY2015
House, Senate, Conference, and CRS Reports and Related Legislative Vehicles
Fiscal
Enactment
CRS
Year House Senate Conference Enacted
Vehicle Title
Report
H.Rept.
explanatory
12/16/2014
Consolidated and
113-508
materials
(P.L. 113-
Further Continuing
2015
(H.R.
___
inserted into the 235)
Appropriations Act,
___
5016)
Congressional
2015
Record
(H.R. 83)
H.Rept.
S.Rept.
explanatory
1/17/2014
Consolidated
CRS Report R43352,
113-172
113-80
materials
(P.L. 113-76)
Appropriations Act,
Financial Services and
2014
(H.R.
(S. 1371) inserted into the
2014
General Government
2786)
Congressional
(FSGG): FY2014
Record
Appropriations
(H.R. 3547)
H.Rept.
S.Rept.
3/26/2013
Consolidated and
CRS Report R42730,
2013
112-550
112-177
(P.L. 113-6)
Further Continuing
Financial Services and
(H.R.
(S. 3301)
___
Appropriations Act,
General Government:
6020)
2013
FY2013 Appropriations
H.Rept.
S.Rept.
H.Rept. 112-331
12/23/2011
Consolidated
CRS Report R42008,
112-136
112-79
(H.R. 2055)
(P.L. 112-74)
Appropriations Act,
Financial Services and
2012
(H.R.
(S. 1573)
2012
General Government:
2434)
FY2012 Appropriations
S.Rept.
4/15/2011
Department of
CRS Report R41340,
111-238
(P.L. 112-10)
Defense and Ful -Year Financial Services and
2011 ___ (S. 3677)
___
Continuing
General Government
Appropriations Act,
(FSGG): FY2011
2011
Appropriations
H.Rept.
S.Rept.
H.Rept. 111-366
12/16/2009
Consolidated
CRS Report R40801,
111-202
111-43
(H.R. 3288)
(P.L. 111-
Appropriations Act,
Financial Services and
2010
(H.R.
(S. 1432)
117)
2010
General Government
3170)
(FSGG): FY2010
Appropriations
H.Rept.
S.Rept.
explanatory
3/11/2009
Omnibus
CRS Report RL34523,
110-920
110-417
materials
(P.L. 111-8)
Appropriations Act,
Financial Services and
(H.R.
(S. 3260) inserted into the
2009
General Government
7323)
Congressional

(FSGG): FY2009
2009
Record and
Appropriations
issued in a
committee print
(H.R. 1105)
H.Rept.
S.Rept.
explanatory
12/26/2007
Consolidated
CRS Report RL33998,
110-207
110-129
materials
(P.L. 110-
Appropriations Act,
Financial Services and
2008
(H.R.
(H.R.
inserted into the 161)
2008
General Government
2829)
2829)
Congressional
(FSGG): FY2008
Record
Appropriations
(H.R. 2764)
Source: Congressional Research Service examination of LIS.
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Author Contact Information
Matthew E. Glassman
Analyst on the Congress
mglassman@crs.loc.gov, 7-3467

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