UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Salaries and Expenses

SUMMARY STATEMENT OF ACCOUNT REQUIREMENTS

Mandatory Discretionary Total

Total Fiscal Year 2019 Assumed Appropriation $3,028,000 $32,016,000 $35,044,000

Total Fiscal Year 2020 Appropriation Request $3,042,000 $32,983,000 $36,025,000

Total Requested Increase from Fiscal Year 2019 Assumed Appropriation $14,000 $967,000 $981,000

APPROPRIATION LANGUAGE

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

 For salaries of officers and employees, and for necessary expenses of

the court, as authorized by law, [$32,016,000]$32,983,000.

 In addition, there are appropriated such sums as may be necessary under

current law for the salaries of the chief judge and judges of the court.

(H.R. 6147 - Financial Services and General Government Appropriations Act, 2019, 

updated to reflect the judiciary's fiscal year 2019 assumed appropriation)

 2.1
Page Fiscal Year 2020 Resource Requirements:

No. FTE Amount FTE Amount FTE Amount

Fiscal Year 2019 Assumed Obligations........................................................................... 12 3,028 140 33,468 152 36,496

 - (1,452) (1,452)

Fiscal Year 2019 Assumed Appropriation..................................................................... 12 3,028 140 32,016 152 35,044

Adjustments to Base to Maintain Current Services:

A. Judges

 Pay and benefits cost adjustments

2.8 1. Annualization of assumed 2019 pay adjustment (1.4% for three months)............................. - 9 - - - 9

2.8 2. Benefits increases - - - - -

2.8 a. Health benefits.................................................................................... - 2 - - - 2

2.8 b. FICA adjustment................................................................................. - 3 - - - 3

B. Court Support Personnel

 Pay and benefits cost adjustments

2.9 3. Annualization of assumed 2019 pay adjustment (1.9% for three months)............................. - - - 70 - 70

2.9 - - - 186 - 186

2.9 5. Benefits increases

2.9 a. Health benefits.................................................................................... - - - 13 - 13

2.9 b. FICA adjustment................................................................................. - - - 8 - 8

2.9 c. FERS adjustment................................................................................. - - - 244 - 244

2.10 6. One more compensable day.................................................................................... - - - 67 - 67

 Utilization of Judiciary Information Technology Fund (including EPA) Balances........................

 4. Promotions and within-grade increases.......................................................................

Mandatory Discretionary

SUMMARY OF REQUEST

FISCAL YEAR 2020

Total

(Dollar amounts in thousands)

COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

 2.2
Page

No. FTE Amount FTE Amount FTE Amount

C. Other Adjustments

 General Inflationary Adjustments

2.10 - - - 126 - 126

2.10 - - - 233 - 233

2.10 - - - 20 - 20

Subtotal, Adjustments to Base to Maintain Current Services............................................. - 14 - 967 - 981

Total Current Services Appropriation Required............................................................... 12 3,042 140 32,983 152 36,025

Total Fiscal Year 2020 Appropriation Required............................................................... 12 3,042 140 32,983 152 36,025

 - 14 - 967 - 981

Financing the Fiscal Year 2020 Request:

 12 3,042 140 32,983 152 36,025

2.10 10. Utilization of Electronic Public Access Receipts and Judiciary Information 

 Technology Fund................................................................................................ - - - 370 - 370

Total Estimated Obligations, Fiscal Year 2020............................................................... 12 3,042 140 33,353 152 36,395

Mandatory Total

 8. GSA space rental increase......................................................................................

 Total Appropriation Increase, Fiscal Year 2019 to Fiscal Year 2020..............................

SUMMARY OF REQUEST

COURT OF APPEALS FOR THE FEDERAL CIRCUIT

(Dollar amounts in thousands)

Total Appropriation Required, Fiscal Year 2020...............................................................

Discretionary

SALARIES AND EXPENSES

 7. Inflationary increases in charges for contracts, services, supplies and equipment.....................

 9. Lawbooks and computer-assisted legal research (CALR)..................................................

FISCAL YEAR 2020

 2.3
Fiscal Year 2019

Assumed

Fiscal Year 2018 Obligations/ Fiscal Year 2020

Actual Appropriation Request

Salaries and Expenses, Total Obligations 34,188 36,496 36,395

Unobligated Balance, Start of the Year

Judiciary Information Technology Fund (4,586) (5,349) (3,947)

Electronic Public Access Deposit (77)

Prior year recoveries (5)

New Deposit (1,125)

Unobligated Balance, End of the Year

Judiciary Information Technology Fund 5,349 3,947 3,627

Total Direct Obligations 33,744 35,094 36,075

Unobligated Balance, Expiring 634

Less offsets from:

 Electronic Public Access (77) (50) (50)

 Expense Reimbursement from Patent & Trade Office (12)

Appropriation Required (Direct) - Total 34,289 35,044 36,025

Appropriation Required - Mandatory 2,998 3,028 3,042

Appropriation Required - Discretionary 31,291 32,016 32,983

Fiscal Year 2019

Fiscal Year 2018 Assumed Fiscal Year 2020

Actual Obligations Request

11 Personnel compensation 16,643 17,902 18,224

12 Personnel benefits 3,923 4,146 4,426

13 Benefits for former personnel 14 14 15

21 Travel 81 102 115

22 Transportation of things 21 24 26

23 Rent, communications and utilities

Rental payments to GSA 6,116 6,282 6,515

Communications utilities & misc. charges 167 175 182

24 Printing and reproduction 13 15 17

25 Other services 5,194 6,081 6,127

26 Supplies and materials 113 120 127

31 Equipment 701 1,635 621

91 Undefined Disbursements 1 1,202 0 0

Total obligations2 34,188 36,496 36,395

1/ EPA collections deposited into JITF fund

2/ Includes JITF obligations of $443,726 in FY 2018, $1,452,000 in FY 2019, and $370,000 in FY 2020.

Description

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

Obligations by Activity ($000)

Obligations by Budget Object Class ($000)

Activity

 2.4
FY 2019 

FY 2018 Assumed FY 2020 Difference

Actual Obligations Request (+) or (-)

Obligations incurred, net 34,188 36,496 36,395 (101)

Obligated balance, start of year 5,739 6,065 6,474 409

Adjustments of prior year activity (152) 0 0 0

Obligated balance, end of year (6,065) (6,474) (6,457) 17

Total Outlays 33,710 36,087 36,412 325

Less Judicary Information

Technology Fund Obligations (444) (1,452) (370) 1,082

Net Outlays 33,266 34,635 36,042 1,407

FY 2019

FY 2018 Assumed FY 2020 Difference

Actual FTE Request (+) or (-)

Total compensable workyears:

 Full-time equivalent employment 145 152 152 0

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Salaries & Expenses

Relation of Obligations to Outlays ($000)

Personnel Summary

2.5
2.6

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

Summary of Mandatory Costs

Fiscal Year 2019 Fiscal Year 2020 

Increase

($000) No. of Judgeships

Compensation and 

Benefits

($000) No. of Judgeships

Compensation 

 and Benefits 

($000)

Article III Judges 12 3,028 12 3,042 14
2.7

GENERAL STATEMENT AND INFORMATION

The United States Court of Appeals for the Federal Circuit, located in Washington, D.C., has 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, 

government personnel cases, cases involving monetary claims against the United States under the Tucker Acts, veterans’ benefits 

cases, and many others. 

Appeals to the court come from all 94 federal district courts, the United States Court of Federal Claims, the United States Court of 

International Trade, and the United States Court of Appeals for Veterans Claims. The court also takes appeals of certain 

administrative agencies’ decisions, including the United States Merit Systems Protection Board, the Boards of Contract Appeals, the 

Patent Trial and Appeal Board, and the Trademark Trial and Appeal Board. Decisions of the United States International Trade 

Commission, the Office of Compliance, an independent agency in the Legislative Branch, and the Government Accountability Office 

Personnel Appeals Board also are reviewed by the court. For additional information on the court’s jurisdiction, see the appendix 

beginning on page 2.12.

The fiscal year (FY) 2020 request for the United Stated Court of Appeals for the Federal Circuit totals $36,025,000 to support the 

operations of the Court at a current services level. The request includes $3,042,000 in mandatory appropriations and $32,983,000 in 

discretionary appropriations.

FISCAL YEAR 2019 APPROPRIATIONS ASSUMPTION

In the absence of enacted full year FY 2019 appropriations, the judiciary made funding assumptions in order to construct a FY 2020 

budget request. The judiciary built the FY 2020 budget request for the Court of Appeals for the Federal Circuit assuming the FY 2019 

House and Senate mark as an estimate for the final FY 2019 appropriations. This amount would fund all FY 2019 requirements.

For bill language, the judiciary used the language from H.R. 6147, the House-passed FY 2019 Financial Services and General 

Government appropriations act, updated with the assumed funding level as described above, as the closest approximation of eventual 

enacted FY 2019 appropriations language.

After full year FY 2019 appropriations are enacted, the judiciary will re-estimate its FY 2020 budget request and transmit to the 

Appropriations Committees any changes to FY 2020 appropriations requirements and language.
2.8

Justification of Changes

The FY 2020 request for the Court of Appeals for the Federal 

Circuit totals $36,025,000. This request includes $3,042,000 

for mandatory expenses and $32,983,000 for discretionary 

expenses. The discretionary request includes $967,000 in 

necessary adjustments to base to maintain current services and 

no program additions. The discretionary request of 

$32,983,000 is a 3.0 percent increase from the FY 2019 

assumed discretionary appropriation of $32,016,000.

Adjustments to base to maintain current services include funds 

for the following: increased salaries and benefits costs for 

judges and current staff as well as increased costs for basic and

required operating activities such as rent, postage, printing, 

office supplies, security, and computer-assisted legal research 

services. 

The Court requests no program increases in this budget request. 

ADJUSTMENTS TO BASE TO MAINTAIN CURRENT 

SERVICES

A. JUDGES

1. Annualization of assumed 2019 pay adjustment

Mandatory Increase: $9,000

The requested increase provides for the annualized costs of an 

assumed 2019 pay adjustment associated with the Employment 

Cost Index (ECI). Based on the FY 2019 appropriations action 

to date, federal pay rates for judges are assumed to increase by 

1.4 percent, effective as of January 2019. The requested 

increase provides for the cost of three months (from October 

2019 to December 2019) of the assumed 2019 pay increase in 

FY 2020. (If Congress ultimately does not enact a 2019 pay 

adjustment for federal civilian workers, or if one is provided at 

a rate different than 1.4 percent for ECI, the judiciary will 

revise this line item in its FY 2020 budget re-estimate.) 

2. Benefits increase

a. Health benefits

Mandatory Increase: $2,000

Based on information from the Office of Personnel 

Management, health benefit premium contributions are 

projected to increase by an average of 1.2 percent both in 

January 2019 and January 2020. The requested increase 

annualizes the 2019 premium increase, and includes a ninemonth provision for the increase anticipated for FY 2020.

b. FICA adjustment 

Mandatory Increase: $3,000

Based on information from the Social Security Administration, 

employer contributions to the Old Age, Survivor, and 

Disability Insurance (OASDI) portion of the FICA tax will 

increase in 2019. The salary cap for OASDI increased from 

$128,400 to $132,900 in January 2019. The requested amount 

is needed to pay the Court’s contribution in FY 2020. 
2.9

B. PERSONNEL

Pay and Benefit Adjustments

3. Annualization of assumed 2019 pay adjustment

Requested Increase: $70,000

The requested increase provides for the annualized costs of an 

assumed 2019 pay adjustment for Employment Cost Index 

(ECI) and locality pay. Based on the FY 2019 appropriations 

action to date, federal pay rates are assumed to increase by an 

average of 1.9 percent, effective as of January 2019. The 

requested increase provides for the cost of three months (from 

October 2019 to December 2019) of the assumed 2019 pay 

increase in FY 2020. (If Congress ultimately does not enact a 

2019 pay adjustment for federal civilian workers, or if one is 

provided at a rate different than 1.9 percent, the judiciary will 

revise this line item in its FY 2020 budget re-estimate.)

4. Promotions and within-grade increases

Requested Increase: $186,000

The requested increase provides for promotions and withingrade increases for personnel. The salary plan for judicial 

support personnel provides for periodic within-grade increases 

for staff who receive at least a satisfactory performance rating.

5. Benefits increases

a. Health benefits 

Requested Increase: $13,000

Based on information from the Office of Personnel 

Management, health benefit premium contributions are 

projected to increase by an average of 1.2 percent both in 

January 2019 and January 2020. The requested increase

annualizes the 2019 premium increase, and includes a ninemonth provision for the increase anticipated for FY 2020.

b. FICA adjustment 

Requested Increase: $8,000

Based on information from the Social Security Administration, 

employer contributions to the Old Age, Survivor, and 

Disability Insurance (OASDI) portion of the FICA tax will 

increase in 2019. The salary cap for OASDI increased from 

$128,400 to $132,900 in January 2019. The requested amount 

is needed to pay the agency contribution in FY 2020. 

c. FERS adjustment

Requested Increase: $244,000

Consistent with guidance from the Office of Management and 

Budget, funds are requested for an increase in the agency 

contribution rate to Federal Employee Retirement System 

(FERS) plans for FY 2020. For most employees, the agency 

contribution rate will increase from 13.7 percent to 16.0 
2.10

percent. Any FERS increase is in accordance with revised 

estimates of the cost of providing benefits by the Board of 

Actuaries of the Civil Service Retirement and Disability 

System. 

6. One more compensable day

Requested Increase: $67,000

There is one more compensable day in FY 2020 than in 

FY 2019. The requested amount increases personnel 

compensation and benefits associated with one more 

compensable day for biweekly paid employees.

C. OTHER ADJUSTMENTS

General Inflationary Adjustments

7. Inflationary increases in charges for contracts, 

services, supplies, and equipment

Requested Increase: $126,000

Consistent with guidance from the Office of Management and 

Budget, this request of $126,000 is required to fund 

inflationary increases of 2.0 percent for operating expenses 

such as travel, communications, printing, contractual services, 

supplies and materials, and furniture and equipment.

8. Inflationary increase in GSA space rental costs

Requested Increase: $233,000

This request represents a 3.47 percent inflationary increase and 

adjustments in the cost of GSA space rental charges for space 

for FY 2020.

9. Lawbooks and computer-assisted legal research

 (CALR)

Requested Increase: $20,000

An adjustment of $11,000 is requested to fund an estimated 4.0 

percent increase in the costs of library services, including law 

book accessions and continuations, and an adjustment of 

$9,000 is requested to fund an estimated 4.0 percent increase in 

the costs of computer-assisted legal research resources.

FINANCING THE FISCAL YEAR 2020 REQUEST

10. Utilization of Electronic Public Access Receipts and 

Judiciary Information Technology Fund

Estimated obligation of available balances from 

Judiciary Information Technology Fund and 

Electronic Public Access Receipts: $370,000

At the beginning of FY 2020, the court estimates that 

$3,947,000 of its funds will remain in the Judiciary 

Information Technology Fund. This amount will be 

supplemented by an additional $50,000 from FY 2020 

Electronic Public Access receipts to total $3,997,000. 

The court anticipates obligating $370,000 from EPA and the 

Judiciary Information Technology Fund in FY 2020. This 

figure reflects all required cyclical replacements and other 
2.11

automation needs based on the current understanding of 

financial obligations the Court will incur in order to maintain 

the Federal Circuit’s connectivity to national judiciary IT 

programs. Funds will be used to perform the required cyclical 

replacements of laptops, printers, multifunction units, scanners, 

tablets, and smart phones. The court will also procure 

miscellaneous automation supplies, such as cabling and 

essential software and cloud services, along with their related 

maintenance and security. Funds will be used to procure 

supplemental contractor Subject Matter Experts to assist IT 

staff with various IT projects and initiatives such as Office 365, 

Cloud services, Security and SharePoint. 
2.12

APPENDIX

The following is a more complete listing of the Federal 

Circuit’s 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, Patent Trial and Appeal 

Board; 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. § 1901, note and § 1931, 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 Boards of Contract Appeals, 41 U.S.C. 

§ 7107(a)(1); 

(K) final decisions of the Patent and Trademark Office 

tribunals on patent applications, trademark applications and 

interferences, cancellations, concurrent use proceedings, and 

oppositions, 35 U.S.C. § 141 and 15 U.S.C. § 1071; 

(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) decisions of the Bureau of Justice Assistance, 42 U.S.C. 

§ 3796c-2; 

(O) 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

(P) final decisions of certain agencies pursuant to 28 U.S.C. 

§ 1296.

Pursuant to 28 U.S.C. § 1292(c), the Federal Circuit also has 

exclusive jurisdiction regarding: 

a. appealable interlocutory orders or decrees in cases 

where the court would otherwise have jurisdiction over 

an appeal; and 

b. appeals from judgments in civil actions for patent 

infringement otherwise appealable to the court and final 

except for accounting.
2.13

Under the provisions of 28 U.S.C. § 1292(d), the court: 

a. has 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 

b. 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.