UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Salaries and Expenses

SUMMARY STATEMENT OF ACCOUNT REQUIREMENTS

Mandatory Discretionary Total

Total Fiscal Year 2020 Enacted Appropriation $3,120,000 $32,700,000 $35,820,000

Total Fiscal Year 2021 Appropriation Request $3,168,000 $34,023,000 $37,191,000

Total Requested Increase from Fiscal Year 2020 Enacted Appropriation $48,000 $1,323,000 $1,371,000

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, [$32,700,000]$34,023,000.

 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.

(P.L. 116-93 Financial Services and General Government Appropriations Act, 2020) 

 2.1
Page Fiscal Year 2021 Resource Requirements:

No. FTE Amount FTE Amount FTE Amount

Fiscal Year 2020 Obligations....................................................................................... 12 3,120 140 34,509 152 37,629

 - (1,809) (1,809)

Fiscal Year 2020 Enacted Appropriation........................................................................ 12 3,120 140 32,700 152 35,820

Adjustments to Base to Maintain Current Services:

A. Judges

 Pay and benefits adjustments

2.9 1. Proposed 2021 pay adjustment (1.0% for nine months).................................................. - 23 - - - 23

2.9 2. Annualization of 2020 pay adjustment (2.6% for three months)......................................... - 18 - - - 18

2.9 3. Benefits increases

2.9 a. Health benefits.................................................................................... - 3 - - - 3

2.10 b. FICA adjustment................................................................................. - 4 - - - 4

B. Court Support Personnel

 Pay and benefits adjustments

2.10 4. Proposed 2021 pay adjustment (1.0% for nine months).................................................. - - - 133 - 133

2.10 5. Annualization of 2020 pay adjustment (3.1% for three months)......................................... - - - 138 - 138

2.10 - - - 187 - 187

2.10 7. Benefits increases

2.10 a. Health benefits......................................................................................... - - - 25 - 25

2.10 b. FICA adjustment...................................................................................... - - - 21 - 21

2.11 c. FERS adjustment...................................................................................... - - - 140 - 140

2.11 8. One less compensable day.................................................................................... - - - (71) - (71)

SUMMARY OF REQUEST

FISCAL YEAR 2021

(Dollar amounts in thousands)

COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

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

 6. Promotions and within-grade increases.......................................................................

Mandatory Discretionary Total

 2.2
Page

No. FTE Amount FTE Amount FTE Amount

C. Other Adjustments

 General Inflationary Adjustments

2.11 - - - 129 - 129

2.11 - - - 847 - 847

2.11 - - - 24 - 24

2.12 - - - (250) - (250)

Subtotal, Adjustments to Base to Maintain Current Services............................................. - 48 - 1,323 - 1,371

Total Current Services Appropriation Required............................................................... 12 3,168 140 34,023 152 37,191

Total Fiscal Year 2021 Appropriation Required............................................................... 12 3,168 140 34,023 152 37,191

 - 48 - 1,323 - 1,371

Financing the Fiscal Year 2021 Request:

 12 3,168 140 34,023 152 37,191

2.12 13. Utilization of Electronic Public Access Receipts and Judiciary Information 

 Technology Fund................................................................................................ - - - 407 - 407

Total Estimated Obligations, Fiscal Year 2021............................................................... 12 3,168 140 34,430 152 37,598

Mandatory Total

 10. Inflationary increase and adjustments in GSA space rental costs.........................................

Total Appropriation Required, Fiscal Year 2021...............................................................

 12. Reduction of base requirements.............................................................................

 Total Appropriation Increase, Fiscal Year 2020 to Fiscal Year 2021..............................

SUMMARY OF REQUEST

COURT OF APPEALS FOR THE FEDERAL CIRCUIT

(Dollar amounts in thousands)

Discretionary

SALARIES AND EXPENSES

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

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

FISCAL YEAR 2021

 2.3
FY 2019 FY 2020 FY 2021

Actual Estimate Request

Total Obligations 34,798 37,629 37,598

Unobligated Balance, Start of Year:

Judiciary Information Technology Fund (5,349) (4,568) (2,810)

Deposits and Other Adjustments:

Judiciary Information Technology Fund (800)

PACER Receipts (50) (51) (52)

Unobligated Balance, End of Year:

Judiciary Information Technology Fund 4,568 2,810 2,455

Subtotal, Other Obligations (1,631) (1,809) (407)

Direct Obligations 33,167 35,820 37,191

Transfer to Fees of Jurors and Commissioners Account 1,000 - -

Unobligated Balance, End of Year 940 - -

Offsetting Collections (EPA) (50) - -

Appropriation Total 35,057 35,820 37,191

Appropriation - Mandatory 3,041 3,120 3,168

Appropriation - Discretionary 32,016 32,700 34,023

FY 2019 FY 2020 FY 2021

Actual Estimate Request

11 Personnel compensation 16,963 18,987 19,426

12 Personnel benefits 4,024 4,567 4,750

13 Benefits for former personnel 0 10 12

21 Travel 103 110 115

22 Transportation of things 37 40 45

23 Rent, communications and utilities

Rental payments to GSA 6,146 6,402 7,249

Communications utilities & misc. charges 159 165 175

24 Printing and reproduction 0 10 10

25 Other services 4,166 4,799 4,663

26 Supplies and materials 106 110 115

31 Equipment 613 620 631

91 Undefined Disbursements (JITF Deposit) 850 0 0

Direct Obligations 33,167 35,820 37,191

Other Obligations (JITF Obligations) 1,631 1,809 407

Total Obligations 34,798 37,629 37,598

Description

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

Obligations by Activity ($000)

Activity

Obligations by Budget Object Class ($000)

 2.4
FY 2019 FY 2020 FY 2021

Actual Estimate Request

Direct obligations incurred 33,167 35,820 37,191

Obligated balance, start of year 6,065 6,046 6,530

Adjustments of prior year activity 238 257 267

Obligated balance, end of year (6,046) (6,530) (6,780)

Total Outlays 33,424 35,593 37,208

Less Offsets (63) (63) (63)

Net Outlays 33,361 35,530 37,145

FY 2019 FY 2020 FY 2021

Actual Estimate Request

Total compensable workyears:

 Full-time equivalent employment 145 152 152

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Salaries & Expenses

Relation of Direct Obligations to Outlays ($000)

Personnel Summary

 2.5
No. of Judgeships Compensation and No. of Judgeships Compensation and

Benefits Benefits

($000) ($000)

Article III Judges 12 3,120 12 3,168

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

Summary of Mandatory Costs

Fiscal Year 2020 Fiscal Year 2021

 2.6
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 2.13.

Court Recognized for Outstanding Training Program and Excellence in Court Operations

The United States Court of Appeals for the Federal Circuit recently received national recognition among federal agencies for 

conceiving, developing, and executing a new and highly innovative training program. In October 2019, Graduate School USA

awarded the Clerk’s Office of the Federal Circuit the 2019 W. Edwards Deming Outstanding Training Award in the area of Human 

Capital Management. Following a year of development, testing, and refinement, the Clerk’s Office created a new training program for 

case managers – front line technicians who facilitate the progression of cases throughout their lifecycles at the court – using a gradual, 

cumulative training model that starts with big-picture concepts of why various office processes exist and ends with an evaluation of 

the work performed in actual cases. 

Throughout the training, new case managers are provided with objective standards and clear understanding of how they will be 

evaluated to determine their mastery at each stage of training. The program’s methodically designed balance of self-study, hands-on 

and experiential learning, and classroom-style instruction shattered previously accepted axioms about required training time. Case 

managers at the Federal Circuit now independently manage a full caseload after four months of training instead of 12 to 16 months,

and their accuracy rates are 14 percent higher than their predecessors trained using the previous method. Results like these are critical 
2.8

given the relatively high rate of turnover in entry-level positions such as case manager. Finally, employee satisfaction for training is 

10 percent higher than it was under the previous method. 

Notably, this marks the first time a judiciary organization has won this prestigious government-wide award. The Clerk’s Office also 

received the Administrative Office Director’s Award for Excellence in Court Operations in 2018 for management innovation within 

the judiciary. These awards highlight the court leadership team’s persistent focus on constantly improving business operations and 

maximizing the effective use of resources. 

In the wake of the court’s 2018 AO Director’s Award recognition, which was based on some preliminary work related to the Clerk’s 

Office 2019 Deming Award win, the court’s Chief Deputy Clerk and Operations Manager were invited to deliver a best practices-type 

presentation at the Federal Court Clerks Association annual meeting in August of 2019. The presentation met with rave reviews and 

multiple follow on requests for additional information. To date, 10 federal courts have reached out for assistance implementing 

training programs like the one developed by the Federal Circuit’s Clerk’s Office and the court intends to provide on-site assistance to 

as many of these courts requesting it as possible. The court is also in the process of creating the first of what it hopes will be several 

instructional webcasts describing how other courts in the judiciary can begin analyzing their processes using major principles the 

Federal Circuit employed so that those courts can create similar programs tailored to their individual, specific needs. Finally, the 

Federal Circuit is working with the Federal Judicial Center to create a high production value “how to” video that will be available 

judiciary wide.

In sum, though it has been professionally rewarding for the Federal Circuit to receive recognition for programs it implemented, it is 

thrilling and energizing beyond description to witness the enthusiasm with which judiciary colleagues across the third branch have 

eagerly sought to take the court’s ideas to new levels in their own organizations in the interest of making the best use of the resources 

entrusted to judiciary shared stewardship. The Clerk’s Office strives to be a model organization for the judiciary as well as for federal 

agencies in general.

FISCAL YEAR 2020 APPROPRIATIONS

The judiciary built the fiscal year (FY) 2021 discretionary budget request for the U.S. Court of Appeals for the Federal Circuit on the 

FY 2020 enacted appropriation, which is $32,700,000. This amount maintains current services in FY 2020.
2.9

JUSTIFICATION OF CHANGES

The FY 2021 request for the Court of Appeals for the Federal 

Circuit totals $37,191,000. This request includes $3,168,000 

for mandatory expenses and $34,023,000 for discretionary 

expenses. The discretionary request includes $1,323,000 in 

adjustments to base necessary to maintain current services. 

The discretionary request of $34,023,000 is a 4.0 percent 

increase from the FY 2020 enacted discretionary appropriation 

of $32,700,000. 

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 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. Proposed 2021 pay adjustment

Mandatory Increase: $23,000

The judiciary is assuming federal pay rates will increase by 1.0 

percent in January 2021. The requested increase provides for 

the cost of nine months of the anticipated pay raise in FY 2021, 

from January 2021 to September 2021. (If the pay adjustment 

included in the President’s FY 2021 budget request is different 

from this 1.0 percent guidance, the judiciary will revise this 

line item in its FY 2021 budget re-estimate.)

2. Annualization of 2020 pay adjustment

Mandatory Increase: $18,000

The requested increase provides for the annualized costs of the 

2020 pay adjustment associated with the Employment Cost 

Index (ECI). Based on the enacted FY 2020 appropriation bill, 

federal pay rates for judges increased by 2.6 percent, effective 

as of January 2020. The requested increase provides for the 

cost of three months (from October 2020 to December 2020) of 

the enacted 2020 pay increase in FY 2021. 

3. Benefits increase

a. Health benefits

Mandatory Increase: $3,000

Based on information from the Office of Personnel 

Management, agency health benefit premium contributions are 

projected to increase by an average of 3.2 percent both in 

January 2020 and January 2021. The requested increase 

annualizes the 2020 premium increase and includes a ninemonth provision for an estimated 3.2 percent increase 

anticipated for FY 2021.
2.10

b. FICA adjustment 

Mandatory Increase: $4,000

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 2020. The salary cap for OASDI increased from 

$132,900 to $137,700 in January 2020. The requested amount 

is needed to pay the agency’s contribution in FY 2021. 

B. PERSONNEL

Pay and Benefit Adjustments

4. Proposed 2021 pay adjustment

Requested Increase: $133,000

The judiciary is assuming federal pay rates will increase by 1.0 

percent in January 2021. The requested increase provides for 

the cost of nine months of the anticipated pay raise in FY 2021, 

from January 2021 to September 2021. (If the pay adjustment 

included in the President’s FY 2021 budget request is different 

from this 1.0 percent guidance, the judiciary will revise this 

line item in its FY 2021 budget re-estimate.)

5. Annualization of 2020 pay adjustment

Requested Increase: $138,000

The requested increase provides for the annualized costs of the

2020 pay adjustment for ECI and locality pay. Based on the 

FY 2020 enacted appropriation bill, federal pay rates increased

by an average of 3.1 percent, effective as of January 2020. The 

requested increase provides for the cost of three months (from 

October 2020 to December 2020) of the enacted 2020 pay 

increase in FY 2021. 

6. Promotions and within-grade increases

Requested Increase: $187,000

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.

7. Benefits increases

a. Health benefits 

Requested Increase: $25,000

Based on information from the Office of Personnel 

Management, agency health benefit premium contributions are 

projected to increase by an average of 3.2 percent both in 

January 2020 and January 2021. The requested increase 

annualizes the 2020 premium increase and includes a ninemonth provision for an estimated 3.2 percent increase 

anticipated for FY 2021.

b. FICA adjustment 

Requested Increase: $21,000
2.11

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 2020. The salary cap for OASDI increased from 

$132,900 to $137,700 in January 2020. The requested amount 

is needed to pay the agency contribution in FY 2021. 

c. FERS adjustment

Requested Increase: $140,000

Consistent with guidance from the Office of Management and 

Budget, funds are requested for an increase in the agency 

contribution rate to Federal Employees Retirement System 

(FERS) plans for FY 2021. For most employees, the agency 

contribution rate will increase from 16.0 percent to 17.3 

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.

8. One less compensable day

Requested Decrease: ($71,000)

There is one less compensable day in FY 2021 than in

FY 2020. The requested amount decreases personnel 

compensation and benefits associated with one less

compensable day for biweekly paid employees.

C. OTHER ADJUSTMENTS

General Inflationary Adjustments

9. Inflationary increases in charges for contracts, services, 

supplies, and equipment

Requested Increase: $129,000

Consistent with guidance from the Office of Management and 

Budget, the requested increase is required to fund inflationary 

adjustments of 2.0 percent for operating expenses such as 

travel, communications, printing, contractual services, supplies 

and materials, and furniture and equipment.

10. Inflationary increase and adjustments in GSA space

rental costs

Requested Increase: $847,000

This request of $847,000 represents an inflationary increase 

and adjustments in the cost of GSA space rental charges for 

space occupied by the court for FY 2021 based on a rent 

estimate provided by GSA as well as adjustments to occupancy 

agreements for leased space.

11. Lawbooks and computer-assisted legal research

 (CALR)

Requested Increase: $24,000

An adjustment of $14,000 is requested to fund an estimated 5.0 

percent increase in the costs of library services, including law 
2.12

book accessions and continuations, and an adjustment of 

$10,000 is requested to fund an estimated 4.0 percent increase 

in the costs of computer-assisted legal research resources.

12. Reduction of base requirements

Requested Decrease: ($250,000)

The court requests a voluntary reduction of $250,000 in its 

base appropriation in FY 2021. This reduction is in part a 

result of conscientious cost-containment efforts as well as 

salary and benefits savings resulting from the appointment of a 

number of new employees at significantly lower salaries than 

their predecessors had received.

FINANCING THE FISCAL YEAR 2021 REQUEST

13. Utilization of Electronic Public Access Receipts and 

Judiciary Information Technology Fund

Estimated obligation of available balance from Judiciary 

Information Technology Fund and Electronic Public 

Access Receipts: $407,000

The court anticipates obligating $52,000 of Electronic Public 

Access Receipts in FY 2021. These funds will be used for 

various expenditures to improve electronic access to court 

information and services for the public.

The court also anticipates obligating $355,000 from the 

Judiciary Information Technology Fund in FY 2021. This 

figure reflects all required cyclical replacements (including the 

cyclical replacement of the court’s voice over internet protocol 

(VOIP) phones which will be at the end of their life in 

FY 2021) and other automation needs based on the estimated 

requirements to maintain the court’s connectivity to national 

judiciary IT programs.

In addition, funds will be used to procure supplemental 

contractor subject matter experts to assist IT staff with various 

IT projects and initiatives such as a cybersecurity specialist 

contractor in support of the court’s ongoing cybersecurity 

initiatives, including the remediation of IT security 

vulnerabilities and other proactive IT security measures 

designed to enhance the court’s cybersecurity posture. The 

court also intends to procure supplemental contractor services 

to work with the court’s IT staff on cloud migration strategies 

and initiatives for data migration, email, and backup solutions 

in a cloud hosted infrastructure environment.
2.13

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 and 154(b) 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) certain 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, among other things, 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.
2.14

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.