JUDICIAL BRANCH

Federal Funds

Federal Funds

For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, [$74,034,000] $77,758,000, of which $2,000,000 shall remain available until expended. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

The Supreme Court of the United States is the highest court of our country and stands at the apex of the judicial branch of our constitutional form of government. The U.S. Supreme Court is the only constitutionally indispensable court in the Federal court system of the United States. The jurisdiction of the Supreme Court is spelled out in the Constitution and allotted by Congress. The funds herein requested are required to enable the U.S. Supreme Court to carry out its constitutional and congressionally allotted responsibilities.

Object Classification (in millions of dollars)

Employment Summary

For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112, [$14,525,000] $14,788,000, which shall remain available until expended. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, [$32,560,000] $35,859,000. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

The United States Court of Appeals for the Federal Circuit, located in Washington, D. C., has exclusive nationwide jurisdiction over a large number of diverse subject areas, such as appeals in all patent cases, all government contract cases, all international trade cases, all government contract cases, all government personnel cases, all cases involving monetary claims against the United States under the Tucker Acts, veterans cases, and many others. Additional subject areas have been added to this court's jurisdiction almost yearly. To keep abreast of its varied and growing jurisdiction, the court is requesting necessary increases in its funding as detailed below.

The following is a more complete listing of the Federal Circuit's exclusive jurisdiction. It hears appeals from: (A) final decisions of all Federal district courts in cases arising under 28 U.S.C. 1338(a), relating to patent laws generally, 35 U.S.C. 145-146, relating to review of decisions of the Patent and Trademark Office, Board of Patent Appeals and Interferences, 28 U.S.C. 1346(a)(2), relating to Little Tucker Act claims against the United States, and section 211 of the Economic Stabilization Act of 1970, section 5 of the Emergency Petroleum Allocation Act of 1973, section 506(c) of the Natural Gas Policy Act of 1978, and section 523 of the Energy Policy and Conservation Act relating to all statutes formerly under the jurisdiction of the Temporary Emergency Court of Appeals; (B) final decisions of the United States Court of International Trade, 28 U.S.C. 2645(c); (C) final decisions of the United States Court of Appeals for Veterans Claims, 38 U.S.C. 7292; (D) final decisions of the United States Court of Federal Claims, 28 U.S.C. 2522 and 42 U.S.C. 300aa-12(f); (E) final decisions of the High Court of the Trust Territory of the Pacific Islands, 48 U.S.C. 1681 note (1988) (Compact of Free Association; Federated States of Micronesia, Republic of Marshall Islands, Title II, Title One, Article VII, 174(c)); (F) final determinations of the United States International Trade Commission relating to unfair practices in import trade made under 19 U.S.C. 1337; (G) findings of the Secretary of Commerce under U.S. note 6 to subchapter X of chapter 98 of the Harmonized Tariff Schedule of the United States relating to importation of educational or scientific instruments and apparatus; (H) final orders or decisions of the Merit Systems Protection Board and certain arbitrators, 5 U.S.C. 7703; (I) final decisions of the General Accounting Office Personnel Appeals Board, 31 U.S.C. 755; (J) final decisions of all agency Boards of Contract Appeals, 41 U.S.C. 607(g); (K) final decisions of the Patent and Trademark Office tribunals on patent applications and interferences, trademark applications and interferences, cancellations, concurrent use proceedings, and oppositions, 35 U.S.C. 142, 15 U.S.C. 1071, 37 CFR 1.304, 2.145; (L) appeals under section 71 of the Plant Variety Protection Act of 1970, 7 U.S.C. 2461; (M) certain actions of the Secretary of Veterans Affairs, 38 U.S.C. 502; (N) certain final orders of the Equal Employment Opportunity Commission relating to certain Presidential appointees, 2 U.S.C. 1219(a)(3) and 28 U.S.C. 2344; (O) final decisions of the Office of Personnel Management under 5 U.S.C. 8902a(g)(2); (P) certain actions of the Board of Directors of the Office of Compliance of the U.S. Congress under 2 U.S.C. 1407(a); and (Q) final decisions of certain agencies pursuant to 28 U.S.C. 1296.

The Federal Circuit also has exclusive jurisdiction pursuant to 28 U.S.C. 1292(c) of: (1) appealable interlocutory orders or decrees in cases where the court would otherwise have jurisdiction over an appeal; and (2) appeals from judgments in civil actions for patent infringement otherwise appealable to the court and final except for accounting. Under the provisions of 28 U.S.C. 1292(d), the court has: (1) exclusive jurisdiction of appeals from interlocutory orders granting or denying, in whole or in part, a motion to transfer an action to the Court of Federal Claims; and (2) may, in its discretion, permit an appeal from an interlocutory order of a judge who certifies that there is a controlling question of law and a substantial ground for difference of opinion thereon, and that an immediate appeal may materially advance the ultimate termination of the litigation. Pursuant to 38 U.S.C. 7292(b)(1), the court has exclusive jurisdiction of certain interlocutory orders of the Court of Appeals for Veterans Claims.

Legislation having an impact on the Federal Circuit is contained in P.L. 105-339 (51021) October 31, 1998, Veterans Employment Opportunities Act of 1998, which provides a remedy through the Merit Systems Protection Board for those seeking review of the application of veterans preference rules to applicants for Federal employment.

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

For salaries of the chief judge and eight judges, salaries of the officers and employees of the court, services, and necessary expenses of the court, as authorized by law, [$21,350,000] $22,268,000. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

The United States Court of International Trade, established under Article III of the Constitution of the United States, was created by the Act of October 10, 1980 (94 Stat. 1727), effective November 1, 1980, as successor to the former United States Customs Court. The court has original and exclusive 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 Federal statutes affecting customs and international trade. The court possesses all the powers in law and equity of, or as conferred by statute upon, a district court of the United States, and is authorized to conduct jury trials. The geographical jurisdiction of the court is nationwide and trials before the court or hearings may be held at any place within the jurisdiction of the United States. The court also is authorized to hold hearings in foreign countries. The principal statutory provisions pertaining to the court are contained in the following sections of Title 28 of the United States Code: Organization, sections 251 to 258; Jurisdiction, sections 1581 to 1585; and Procedures, sections 2631-2646.

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

For 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 United States 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, as authorized by law, [$5,011,018,000] $5,309,781,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects.

In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed [$5,428,000] $4,785,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Funds appropriated under this heading are for the salaries and benefits of judges and supporting personnel and all operating expenses of the United States courts of appeals, district courts, bankruptcy courts, United States Court of Federal Claims, and United States Probation and Pretrial Services offices are shown by activity:

Courts of Appeals.—This activity includes the salaries and benefits of all active United States circuit judges, and all such judges who have retired from office or from regular active service in pursuance of law. In addition, it provides for the salaries and expenses of the Courts of Appeals supporting personnel such as the administrative and legal aides required to assist the judges in the hearing and decision of appeals, and other judicial functions including all expenses of operation and maintenance such as travel expenses incurred by judges and supporting personnel in attending sessions of court or transacting other official business, and for relocation expenses, communications, printing, contractual services, supplies, equipment, and lawbooks and for rental of space, alterations, and related services for United States court facilities.

District Courts.—This activity includes the salaries and benefits of all active United States district judges, magistrate judges and all such judges who have retired from office or from regular active service in pursuance of law. In addition, it provides for the salaries and expenses of the District Court supporting personnel such as the administrative and legal aides required to assist the judges in conduct of hearings, trials, and other judicial functions including all expenses of operation and maintenance such as travel expenses incurred by judges and supporting personnel in attending sessions of court or transacting other official business, and for relocation expenses, communications, printing, contractual services, supplies, equipment, and lawbooks and for rental of space, alterations, and related services for United States court facilities.

Bankruptcy Courts.—This activity includes the salaries and benefits of all active United States bankruptcy judges. In addition, it provides for the salaries and expenses of the Bankruptcy Court supporting personnel including all expenses of operation and maintenance such as travel expenses incurred by judges and supporting personnel in attending sessions of court or transacting other official business, and for relocation expenses, communications, printing, contractual services, supplies, equipment, and lawbooks and for rental of space, alterations, and related services for United States court facilities.

Probation/Pretrial.—This activity includes the salaries and benefits of all probation and pretrial services officers, officer assistants and supporting personnel in attending sessions of court or transacting other official business, and for relocation expenses, communications, printing, contractual services, supplies, and equipment and for rental of space, alterations, and related services for United States court facilities. It also provides for all expenses of law-enforcement related activities, which includes substance abuse and mental health treatment, Global Position Monitoring, and operation and maintenance such as travel expenses incurred by probation officers, including travel costs related to the supervision of defendants and offenders in the community, and officer training expenses.

Object Classification (in millions of dollars)

Employment Summary

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under 18 U.S.C. 3006A, and also under 18 U.S.C. 3599, in cases in which a defendant is charged with a crime that may be punishable by death; the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services under 18 U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), in cases in which a defendant is charged with a crime that may be punishable by death; the compensation (in accordance with the maximums under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of travel expenses of guardians ad litem, appointed under 18 U.S.C. 4100(b); acting on behalf of financially eligible minor or incompetent offenders in connection with transfers from the United States to foreign countries with which the United States has a treaty for the execution of penal sentences (18 U.S.C. 4109(b)); the compensation and reimbursement of expenses of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial civil forfeiture proceedings; and for necessary training and general administrative expenses, [$977,748,000] $1,081,195,000, to remain available until expended. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

Funds appropriated under this heading provide for the administration and operation of the Criminal Justice Act of 1964 (18 U.S.C. 3006A), as amended, which provides for furnishing representation for any person financially unable to obtain adequate representation who: (1) is charged with a felony or Class A, B, or C misdemeanor or infraction for which a sentence to confinement is authorized, or with committing an act of juvenile delinquency, or with a violation of probation; (2) is under arrest, when such representation is required by law; (3) is entitled to appointment of counsel in parole proceedings (18 U.S.C. 4201-18); (4) is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release; (5) is subject to a mental condition or other hearing (18 U.S.C. 4241-48); (6) is in custody as a material witness; (7) is entitled to appointment of counsel under the sixth amendment to the Constitution; (8) faces loss of liberty in a case, and Federal law requires the appointment of counsel; (9) is entitled to the appointment of counsel under 18 U.S.C. 4109; or (10) is seeking relief under 28 U.S.C. 2241, 2254, or 2255. Representation includes counsel and investigative, expert, and other necessary services. The appropriation includes funding for the compensation and expenses of court-appointed counsel and persons providing investigative, expert and other services under the Act, and also under 18 U.S.C. 3599 in capital representations; for the operation of the Federal Defender Organizations; for the compensation and reimbursement of travel expenses of guardians ad litem, appointed under 18 U.S.C. 4100(b), acting on behalf of financially eligible minors or incompetent offenders in connection with transfers from the United States to foreign countries with which the United States has a treaty for the execution of penal sentences (18 U.S.C. 4109(b)); and for the continuing education and training of persons providing representational services under the Act. In addition, this appropriation is available for the compensation and reimbursement of expenses of counsel: (1) appointed pursuant to 5 U.S.C. 3109 to assist the court in criminal cases where the defendant has waived representation by counsel; (2) appointed pursuant to 28 U.S.C. 1875(d)(1) to represent jurors in civil actions for the protection of their employment; and (3) appointed under 18 U.S.C. 983(b)(l) in connection with certain judicial civil forfeiture proceedings.

Object Classification (in millions of dollars)

Employment Summary

For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), [$61,861,000] $64,108,000, to remain available until expended: Provided, That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under 5 U.S.C. 5332. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation provides for the statutory fees and allowances of jurors, refreshments of jurors, and compensation of land commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure. Budgetary requirements depend largely upon the volume and length of jury trials demanded by the parties to both civil and criminal actions and the number of grand juries being convened by the courts at the request of United States attorneys.

Object Classification (in millions of dollars)

For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court operations, and the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act (Public Law 100-702), [$452,607,000] $495,038,000, of which not to exceed $15,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation provides for the necessary expenses not otherwise provided for, incident to providing protective guard services for the United States courthouses and other facilities housing Federal court operations and the procurement, installation, and maintenance of security equipment for United States courthouses and other facilities housing federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities, to be expended directly or transferred to the United States Marshals Service which shall be responsible for administering the Judicial Facility Security Program or to the Federal Protective Service for costs associated with building security.

Object Classification (in millions of dollars)

Employment Summary

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

This schedule reflects funds available to the Federal Judiciary, pursuant to Public Law 100-459, which provides that any funds collected by the Judiciary as a charge for services rendered in administering accounts kept in a court's registry shall be deposited into this account.

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

The Judiciary Information Technology Fund provides the judiciary with a funds management tool which allows more effective and efficient planning, budgeting, and use of funds for information technology activities. The Fund was authorized "without fiscal year limitation," which allows the judiciary to carry forward funds for projects that incur obligations over multiple years. The Fund makes it possible to implement the Long Range Plan for Information Technology in the Federal Judiciary and to manage the information technology program over a multi-year planning cycle while maximizing efficiencies and benefits. The Fund is financed through deposits and transfers from appropriations, reimbursements, user fees, and the sale of surplus equipment.

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b), advertising and rent in the District of Columbia and elsewhere, [$83,075,000] $87,255,000, of which not to exceed $8,500 is authorized for official reception and representation expenses. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

The Administrative Office, pursuant to section 604 of Title 28, United States Code, under the supervision and direction of the Judicial Conference of the United States, is responsible for the administration of the U.S. courts, including the probation and bankruptcy systems. The principal functions consist of providing staff and services for the courts; conducting a continuous study of the rules of practice and procedure in the Federal courts; examining the state of dockets of the various courts; compiling and publishing statistical data concerning the business transacted by the courts; and administering the judicial retirement and survivors annuities systems under Title 28, United States Code, sections 178, 376, and 377. The Administrative Office also is responsible for: the preparation and submission of the annual budget estimates as well as supplemental and deficiency estimates; the disbursement of and accounting for moneys appropriated for the operation of the courts, and the Federal Judicial Center; the audit and examination of accounts; the purchase and distribution of supplies and equipment; providing automated data processing services; securing adequate space for occupancy by the courts; and such other matters as may be assigned by the Supreme Court and Judicial Conference of the United States.

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90-219, [$27,328,000] 28,694,000; of which $1,800,000 shall remain available through September 30, [2011] 2012, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and representation expenses. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation provides for the operation of the Federal Judicial Center pursuant to 28 U.S.C. 620 et seq. The Center is charged with the responsibility for furthering the development and adoption of improved judicial administration in the courts of the United States.

Object Classification (in millions of dollars)

Employment Summary

Federal Funds

For payment to the Judicial Officers' Retirement Fund, as authorized by 28 U.S.C. 377(o), [$71,874,000] $79,061,400; to the Judicial Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), [$6,500,000] $7,300,000; and to the United States Court of Federal Claims Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), $4,000,000. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

This appropriation request would provide funds necessary to pay the retirement annuities of bankruptcy judges and magistrate judges, pursuant to 28 U.S.C. 377, the retirement annuities of the United States Court of Federal Claims judges, pursuant to 28 U.S.C. 178, and annuities to participants' surviving widows and dependent children, pursuant to 28 U.S.C. 376.

Trust Funds

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

This fund provides the retirement annuities of bankruptcy judges and magistrate judges pursuant to 28 U.S.C. 377.

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

The Judicial Survivors' Annuities Fund (section 376 of title 28, United States Code) was established to receive sums deducted and withheld from salaries of justices, judges, the Director of the Federal Judicial Center, the Director of the Administrative Office of the U.S. Courts, and the Administrative Assistant to the Chief Justice who have elected to bring themselves within the purview of the above section as well as amounts received from said judicial officers covering Federal civilian service prior to date of election.

This fund provides annuities for participants' surviving widows and dependent children.

Special and Trust Fund Receipts (in millions of dollars)

Program and Financing (in millions of dollars)

This fund provides the retirement annuities of United States Court of Federal Claims judges pursuant to 28 U.S.C. 178.

Federal Funds

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, [$16,837,000] $17,595,000, of which not to exceed $1,000 is authorized for official reception and representation expenses. (Judiciary Appropriations Act, 2010.)

Program and Financing (in millions of dollars)

The United States Sentencing Commission, an independent agency within the judicial branch, was established pursuant to provisions of the Comprehensive Crime Control Act of 1984 (Public Law 98-473, Title II), as amended. The Commission's principal purposes are to: (1) collect, analyze, and distribute a broad array of information on Federal crime and sentencing issues, serving as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public; (2) establish sentencing policies and practices for the Federal courts, including guidelines prescribing the appropriate form and severity of punishment for offenders convicted of Federal crimes; (3) advise and assist Congress and the executive branch in the development of effective and efficient crime policy; and (4) provide training to judges, prosecutors, probation officers, the defense bar, and other members of the criminal justice community on the application of the guidelines.

Object Classification (in millions of dollars)

Employment Summary

(including transfer of funds)

(1) in the third sentence (relating to the District of Kansas), by striking "18 years'' and inserting "19 years'';

(2) in the sixth sentence (relating to the Northern District of Ohio), by striking "18 years'' and inserting "19 years''; and

(3) in the seventh sentence (relating to the District of Hawaii), by striking "15 years'' and inserting "16 years''. ]

(in millions of dollars)